AP GOV - Supreme Court Cases. For more info go to Supreme Court cases is Oyez.org. Marbury v. Madison 1803. Background : Midnight judges, appointed by John Adams did not receive their appointments. Marbury petitioned the Supreme Court to order Madison to deliver the documents.
For more info go to Supreme Court cases is Oyez.org
Midnight judges, appointed by John Adams did not receive their appointments. Marbury petitioned the Supreme Court to order Madison to deliver the documents.
Chief Justice Marshall states that the appointments can be blocked based on the premise that the Judiciary Act of 1789 was unconstitutional. The Court established its power to interpret the Constitution = Judicial Review
In an attempt to interfere with the operations of the Bank of the United States, Maryland passed a tax on the bank.
The power to tax is the power to destroy!
Establishes national supremacy and implied powers. Permitted the use of the elastic clause (Necessary-and-proper clause - I;8;8) and denied the ability of states to tax federal institutions.
WARNING! This one is ugly…..
Ogden obtained an exclusive license to run a steamship line within NY, Gibbons obtained a license from Congress to run a steamship from New Jersey to New York. Ogden petitioned the court to stop Gibbons ships.
The court finds that the NY law was unconstitutional because Commerce Clause (I;8;3) give Congress the power to regulate interstate trade. Finding actually expands the power of the Commerce Clause.
Using the 9th and 14th Amendments to justify a woman’s right to privacy, the Supreme Court set up the guidelines in which the state can regulate abortions.
States may not interfere with abortion in the 1st trimester
States may regulate to protect the health of the mother in the 2nd trimester
State may regulate to protect the health of the child in the 3rd trimester. *
Norma McCorvey (a.k.a. Jane Roe) had attempted to receive an abortion in Texas, a state that only allowed abortions in the cases of incest and rape. The baby was born before the case was heard in the Supreme Court.
Charles Schenck, the Secretary of the Socialist Party of America, was charged and convicted under the Espionage Act of 1917 for printing and distributing pamphlets suggesting army draftees stand up against the army.
The conviction stood and the court established an additional limit on free speech, especially in wartime. Oliver Wendell Holmes "Clear and present danger"
Prohibited state-sponsored recitation of prayer in public schools by virtue of the 1st amendment establishment clause and the 14th Amendment due process clause. Warren Court activism.
The case was brought to a New York court by the parents who opposed voluntary prayer to the “Almighty God” in the school.