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APUSH Exam Review. Marbury v. Madison  1803  John Marshall   “Midnight Judges”  Judicial Review Established.

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Presentation on theme: "APUSH Exam Review. Marbury v. Madison  1803  John Marshall   “Midnight Judges”  Judicial Review Established."— Presentation transcript:

1 APUSH Exam Review

2 Marbury v. Madison  1803  John Marshall   “Midnight Judges”  Judicial Review Established

3 Fletcher v. Peck  1810  John Marshall  First Supreme Court case to rule a state law unconstitutional  Yazoo River land case from GA legislature  Protects legal contracts

4 McCulloch v. Maryland  1819  John Marshall  States cannot tax the federal government  Loose Construction  Necessary & Proper Clause  Implied Powers  Federalist Influence???  “the power to tax involves the power to destroy” “the power to tax involves the power to destroy” “the power to create implies a power to preserve” “the power to create implies a power to preserve”

5 Dartmouth College v. Woodward  1819  John Marshall  State of NH wants to remove trustees from Dartmouth  Court rules to protect University charter b/c it is a contract  Later protects business from state interference but also restricts regulation  Alumnus Daniel Webster reportedly brought tears to Marshall’s eyes with his eloquent words about Dartmouth

6 Cohens v. Virginia  1821  John Marshall  Illegal Lotto tickets sold in VA  The Supreme Court has the power to review the decisions of state courts.  How does this give more power to the federal government?

7 Gibbons v. Ogden  1824  John Marshall  The “Steamboat Case” – ferry b/w NY & NJ  Congress (Federal Gov’t) held the right to regulate interstate commerce not individual states.

8 Cherokee Nation v. Georgia Worcester v. Georgia  Both John Marshall  Both cases deal with sovereignty of Indian Tribes in the U.S.  Cherokee: Tribes are dependent nations within the U.S. like a “ward to its guardian"  Worcester: basis for the Trail of Tears in 1838  "John Marshall has made his decision; now let him enforce it!“  Alleged words of President Andrew Jackson 

9 Prigg v. Pennsylvania  1842  Roger Taney   Fugitive Slave Case  Federal Fugitive Slave Act takes precedence over a PA law protecting escaped slaves

10 Dred Scott v. Sanford  1857  Roger Taney  Three rulings in the Dred Scott Case: 1. Slaves did not have rights of citizens 2. Scott had no claim to freedom b/c he was living in MO 3. MO Compromise was unconstitutional. Why? Popular sovereignty also unconstitutional Dred Scott

11 Plessy v. Ferguson  1896  Melville Fuller   Homer Plessy & an Louisiana Train Car  “one drop rule”  Est. “separate but equal”  Legalized segregation in the United States

12 The Insular Cases  1901 – 1903  Melville Fuller  Necessary b/c of what “splendid little war”?  Deals with Constitutional status of Puerto Rico, the Philippines, & other island territories controlled by the U.S.  Do citizenship & the benefits thereof apply to territorial residents?  Full constitutional rights do not automatically apply to residents of newly acquired territories Does the Constitution follow the flag?

13 Muller v. Oregon  1908  Melville Fuller  Supreme Court upheld Oregon law limiting the number of hours a woman could work in one day  Set precedent that progressive reforms could effectively target long work hours & poor conditions  Basically overturns Lochner v. New York  Lochner v. New York – Court rejects limits on single day work hours

14 Schenck v. United States  1919  Edward D. White  Socialist Schenck convicted of violating the WWI era Espionage Act of 1917  Court rules the circumstances of wartime permit greater restrictions on free speech than would be allowable during peacetime. Associate Justice Oliver Wendell Holmes Jr. “Clear & present danger” majority opinion Associate Justice Oliver Wendell Holmes Jr. “Clear & present danger” majority opinion 

15 Korematsu v. United States  1944  Harlan F. Stone  Constitutionality of WWII Japanese Internment Camps  Supreme Court rules Executive Order 9066 is constitutional b/c the need to protect against espionage outweighed the individual rights, of Japanese Americans.  Similarities to the Schenck case?

16 The Warren Court  Chief Justice Warren (1953 – 1969) greatly expanded individual freedoms  Earl Warren   Brown v. Board of Education, perhaps most significant ruling.  Required criminal courts to provide free legal counsel (Gideon v. Wainwright)  Right to a lawyer during questioning  People must be read their Miranda rights before questioning (Miranda v. Arizona ) EQ: How did the Warren Court expand the individual rights of American citizens?

17 Brown v. Board of Education  1954  Earl Warren  Epochal Supreme Court ruling strikes down “separate but equal” overturning Plessy v. Ferguson  Court orders state compliance “with all deliberate speed” Future Justice Thurgood Marshall argues before the court on behalf of the NAACP "separate educational facilities are inherently unequal.“ – unanimous decision of the Warren Court

18 Mapp v. Ohio  1961  Earl Warren   Evidence gained without a legitimate search warrant is not permissible in court  4 th Amendment cited - protection from “unreasonable searches & seizures”

19 Gideon v. Wainwright  1963  Earl Warren  Per the 6 th Amendment, state courts must provide legal counsel in criminal cases for defendants who cannot afford to retain a lawyer.

20 Miranda v. Arizona  1966  Earl Warren  Criminal suspects must be informed of their “right to remain silent” & the right to an attorney  Any evidence before a suspect is informed of these rights is impermissible Ernesto Miranda “Miranda Rights”

21 Tinker v. Des Moines  1969  Earl Warren  Ruling defined the constitutional rights of students in U.S. public schools  Schools can only limit speech when it is shown to be harmful to the educational process Tinker siblings Court’s ruling leads to the “Tinker Test” 

22 Roe v. Wade  Warren Burger  1973  Perhaps the most controversial Supreme Court case in U.S. History  Ignites religious, moral, & philosophical debates that still occur to this day  Ruling disallows many state restrictions on abortion  Roe v. Wade effectively legalizes most early term abortions in the U.S.

23 United States v. Nixon  1974  Warren Burger  At the height of the Watergate investigation the Supreme Court rules no person (even the President) is above the law  The President cannot claim executive privilege and withhold evidence that is relevant in a criminal trial.  The Supreme Court rejects President Nixon's claim to "an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances."

24 California v. Bakke  1978  Warren Burger  In 1978 Allan Bakke  applied to University of California at Davis medical school. The school had a quota – based affirmative-action plan that reserved 16 out of 100 spots for minorities.  Bakke sued for admission arguing that he had been discriminated against based on his race. In a 5 to 4 ruling the Supreme Court held that quotas were illegal and Bakke was admitted but…race could still be used as one of many factors for admission Reverse Discrimination???


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