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Korematsu Writ of Habeas Corpus Executive Order 5 th amendment due process.

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Presentation on theme: "Korematsu Writ of Habeas Corpus Executive Order 5 th amendment due process."— Presentation transcript:

1 Korematsu Writ of Habeas Corpus Executive Order 5 th amendment due process

2 Korematsu Was Korematsu denied 5 th amendment due process rights when President Roosevelt issued an Executive Order directing all Japanese- Americans to report to a detention camp Even though they did not have a trial and were not accused of a crime? No, Because this was wartime, the President and Congress can suspend writ of habeas corpus (the right to appear before a judge)

3 Mapp v. Ohio Fourth Amendment

4 Mapp Ohio Exclude anything from court not on warrant Called Exclusionary Rule

5 Gitlow vs. New York Gitlow tried to Overthrow 1 st and 14 th 1 st because of speech 14 th because it is a state government accused of restricting rights Speech which presents a “clear and present danger” to others is not protected by 1 st amend.

6 Marbury v. Madison The most Significant Why!

7 Marbury v. Madison Judicial Review This case established the power of Judicial Review for the Courts How? The courts declared a law of Congress Unconstitutional

8 West Virginia V. Barnette 1 st amendment Flag

9 West Virginia v. Barnette Don’t have to say pledge if it violates my religious beliefs Because of the Free Exercise Clause I am free to express my religious beliefs and I don’t have to express what is not

10 Gregg v. Georgia 8 th amendment, no cruel or unusual punishement. Is the death penalty unconstitutional? No, if it is in proportion to the crime

11 Abington v. Schempp 1 st amendment Nativity Scene

12 Abingdon v. Schempp Placing nativity scene on courthouse lawn Violates………….. 1 st amendment, Establishment Clause

13 State v. Mann State Constitution and issue of slavery

14 State Constitution is Supreme in the State

15 Leandro Equality

16 Leandro State must try to educate each child equally Hence, state testing

17 McCulloch v. Maryland Judicial Review Toooooo!

18 McCulloch v. Maryland US gov can establish a national bank,because it is Necessary and Proper……….(Elastic Clause, Implied Powers Clause) Maryland could not Tax the bank because, the US government is SUPREME. National Supremacy Clause

19 New Jersey v. TLO Fourth amendment

20 TLO Schools only need reasonable suspicion to conduct search not probable cause,….this is not your home.

21 Gideon 6 th Amendment

22 Right to Counsel If a person cannot afford an attorney, one shall be appointed Right to a lawyer

23 Miranda v. Arizona 5 th amendment Due Process

24 Miranda Miranda’s confession was considered impermissible evidence because he was forced into the confession He did not know that the 5 th amendment protected his right to remain silent Not informing him of his rights and denying him access to an attorney meant that he was denied due process

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