1. Warm Up#1 Copy everything down including the chart.
Expressed Powers
Federalism: A form of government in which power is divided between the federal(national) government and the states.

2. Explain the system of Federalism
#13
Explain the system of Federalism
and explain how the experience as colonies under British rule,
and the Articles of Confederation,
led to the establishment of Federalism by the founding fathers in the Constitution.
*There are FOUR parts to this question. You must answer ALL four parts.

3. Landmark Supreme Court Cases

4. Marbury v. Madison 1803
William Marbury: Appointed as Justice of the Peace by Federalist Pres. John Adams the night before Jefferson inauguration
Adams’ Sec. of State did not deliver the paperwork in time
Jefferson appoints new Sec. of State (James Madison) & tells him not to deliver the paperwork to Marbury.
Marbury sues Madison in the Sup. Ct. for the paperwork so he can be the Justice of the Peace.
W. Marbury
J. Madison

5. Makes the Supreme Court an equal branch of gov.
Marbury claims the Judiciary Act of forces SCOTUS to issue a WRIT of MANDAMUS, to force Madison to deliver commission
Chief Just. John Marshall says the Judiciary Act is UNCONSTITUTIONAL & the Sup. Ct. did not have jurisdiction to give a Writ of Mandamus. Soooo Marbury loses.
Significance: Estb. Judicial Review
Makes the Supreme Court an equal branch of gov.

6. McCulloch v. Maryland 1819 Congress creates BUS
MD taxes MD branch of BUS
McCulloch refuses to pay tax
State courts rule against McCulloch
Ruling: in favor of McCulloch
Significance: States cannot tax the federal gov.
Upholds Supremacy Clause

7. Gibbons v. Ogden 1824
NY grants monopoly of waterway traffic to Fulton- Livingston Co.
Aaron Ogden granted a license under the Fulton-Livingston Co. to operate his steamboat from NJ to NY.
Thomas Gibbons granted FEDERAL license to operate.
Ogden(NY) want to stop Gibbons(Fed.) from using the INTERSTATE waterway.

8. Issue: Who has power to regulate INTERstate commerce
Issue: Who has power to regulate INTERstate commerce? Ruling/ Significance: ONLY Federal gov. has power to regulate interstate commerce. Constitutional Issue: Upholds Article 6 (Supremacy Clause) and Article 1: Commerce clause

9. State v. Mann 1829 (N.C. Supreme Court Case)
John MANN hired out a slave(Lydia)
Mann shot and wounded Lydia.
Mann indicted for battery = guilty
Mann appeals- argues NC Constitution protects ownership of private property
Ruling: “Masters” could not be indicted for the battery of their slaves
Can be indicted for murder

10. Dred Scott v. Sanford 1856
Dred Scott= slave living in the free state of Illinois.
He sued his former owners family for back wages
Ruling: Scott not a U.S. citizen, or a citizen of any state, therefore couldn’t sue in a court of law
Significance= Whether free or slave, African Americans could not be citizens, & therefore not able to sue in court.
Also said that the US cannot decide the issue of slavery in the new US territories.

11. Plessy v. Ferguson 1896
Louisiana law (Separate Car Act) requiring RR’s to have “SEPARATE BUT EQUAL” RR cars.
Homer Plessy (1/8 black) sits in white car & refuses to move to black car. Arrested & taken to jail for breaking law.
P. appeals -violation of his 14th am right. (equal protection of the law)

12. Plessy v. Ferguson 1896
Ruling: not a violation of the 14th am b/c there were “equal” facilities provided.
Significance: Creates the legal basis for the “SEPARATE BUT EQUAL” doctrine and legitimizes Jim Crow laws.

14. Brown v. Board of Education of Topeka, KS 1954
African American children were denied admittance to all white schools.
NAACP worked w/ families of school children to challenge the “separate but equal” doctrine set by Plessy v. Ferguson,1896.
Violation of the equal protection clause of the 14th amendment.

15. Brown v. Board of Education of Topeka, KS 1954
Ruling: Unanimously in favor of Brown & the desegregation of public schools b/c it not only violated the 14th am., but it also caused psychological damage to A.A. children.
Significance: Ends segregation of public schools

16. Swann v. CMS 1971
After Brown v. Board of Ed. little progress made in desegregating public schools.
Segregation de facto
Vera and Darius Swann, parents of a child(6) sued CMS for their son to attend Seversville Elementary School, closest to their home and then one of Charlotte’s few integrated schools.

17. Issue: Did the federal gov
Issue: Did the federal gov. have the authority to oversee methods of desegregation?
Ruling/Significance: upheld busing programs that aimed to speed up the racial integration of public schools in the United States

20. Warm Up #14
The black man has no rights which the white man is bound to respect.
Chief Justice Roger Taney, Dred Scott v. Sandford (1857)
We reject… the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.
Justice Henry Billings Brown, Plessy v. Ferguson (1896)
We conclude that, in the field of public education, the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal.
Chief Justice Earl Warren, Brown v. Board of Education (1954)
Interpretations of the Constitution by the Supreme Court change over time. Use the quotes above to evaluate the rights of African American citizens in 1857, 1896, and Explain the interpretations of the court during the period surrounding each case.

21. U.S. v. Nixon 1974 Watergate scandal President Nixon (R)
reelection committee broke into the DNC
went through files, wiretapping phones
Nixon kept tape recordings of convos. in the White House.
The prosecutors wanted tapes
Nixon said “No, I have executive privilege!”

22. U.S. v. Nixon 1974
Can the President use his “executive privileges” of confidentiality in order to keep himself out of hot water?
NO. Nixon had to give in to the subpoena and release the tapes.
Significance: There is a limit on executive privilege

23. Korematsu v. U.S. 1944
Pres. FDR signed executive order
banned U.S. citizens of Japanese from living along the west coast states.
Internment camps
Poor conditions, violence
Fred Korematsu (American born) refused to leave
Ruling/Significance: Internment of a racial group, even if they are citizens, is legal and constitutional in times of war
Congress outlawed this in 1988

26. Furman v. Georgia 1972 Ruling: In favor of Furman
William Furman broke into a home & “accidentally” shot the homeowner. Sentenced to death.
Furman felt death penalty violated the 8th am
Ruling: In favor of Furman
Significance: Suspended the death penalty as a violation of the 8th amendment.

27. Gregg v. Georgia 1976 Significance: Reinstates the death penalty.
Troy Leon Gregg given death penalty
Gregg appealed under violation of the 8th amendment
Ruling: In favor of Georgia b/c…
The 8th amendment was really talking about barbaric/tortuous punishment and the death penalty did not violate the 8th if it fit the crime.
Significance: Reinstates the death penalty.

28. Warm Up #15
A market economy is a system in which supply and demand regulate the economy, rather than the government. Some characteristics are:
private ownership of property and resources
economic decisions made by buyers and sellers
profit motive
free enterprise
Why is competition and some government regulation important to the successful growth of a market economy? Give two explanations for the importance of competition in a market  economy and two reasons why it is important to have minimal government regulation in a  market economy.

29. Engle v. Vitale 1962
"Almighty God, we acknowledge our dependence on Thee, and we beg Thy blessings upon us, our parents, our teachers, and our Country.”
daily prayer from the NY State Board of Regents. Recited every morning at the beginning of school. Students could be excused from reciting the prayer.

30. Engle v. Vitale 1962
Parents (Engle & others) view prayer as violation of their 1st am. Protections
Establishment Clause.
Ruling: In favor of Engle –Violates 1st Am.
Significance: Public schools are not allowed to encourage any sort of religious beliefs/prayer, even if they are non-denominational.
Congress shall make no law respecting an establishment of religion

31. Tinker v. Des Moines 1969
John & Mary Beth Tinker & Chris Eckhart wore black armbands to school to protest Vietnam War
They were asked to remove them, refused, and then suspended.
Appealed to SCOTUS as a violation of their 1st am right to free speech

32. Tinker v. Des Moines 1969
Ruling: in favor of Tinker b/c…
The armbands were not offensive or disruptive.
Significance: Student’s don’t shed all of their 1st am. rights because they enter a school.
As long as a students “speech” is not disruptive then it cannot be limited.

33. Hazelwood School District v. Kuhlmeier 1988
Principal removed 2 pages from a school newspaper
Students sued the principal. Felt it was a violation of their 1st am. right to free speech.
Ruling: Favor of School- Not a violation of 1st am.
Significance
B/C it was a school newspaper, students don’t have the same free speech rights in a school setting as adults do on the public forum.

34. Texas v. Johnson 1989 Ruling: In favor of Johnson
Gregory Johnson burned an American flag in protest of Reagan while chanting
Johnson convicted under a Texas law outlawing flag desecration
Johnson appeals- law violates 1st amendment
Ruling: In favor of Johnson
Significance: Flag burning is protected under the 1st am., freedom of speech.

35. Mapp v. Ohio 1961 Dollree Mapp suspected of harboring a fugitive.
Police show up and she wouldn't let them in.
3 hours later burst in her home holding up paper saying it was a warrant.
It wasn’t.
Mapp’s attorney shows up
Cops refuse to let him in
Upon search of her home (illegally) they find lewd photos & books.
She’s arrested & convicted

36. Mapp v. Ohio 1961 Ruling: In favor of Mapp
Significance: No evidence illegally seized may be used in court under the EXCLUSIONARY RULE.
Protected under the 4th and 14th amendment. *

37. Roe v. Wade 1973 Significance: Gives women the right to abortion
“Jane Roe” wanted an abortion in Texas
(strict laws on abortions)
S.C. ruled in favor of Roe based off of a woman’s right to privacy (4th AM.)
Significance: Gives women the right to abortion

38. Miranda v Arizona 1966
Ernesto Miranda charged with rape, kidnapping, and robbery.
Miranda not informed of his rights prior to police interrogation.
Miranda confessed
Convicted to 30 years
Appealed, b/c he didn't know his rights
Ruling- In favor of Miranda
Significance- suspects that are detained MUST be notified of their right to remain silent (5th) & an attorney (6th)
Miranda Rights

39. Gideon v. Wainwright 1963 Clarence Gideon broke into a pool hall
Asked for a lawyer
FL law says:
lawyer is appointed only in capital offenses.
G represents himself, poorly.
Sentenced 5 years.
Appealed to S.C. based on 6th amendment.
Right to counsel
Significance- Right to counsel in all felony cases upheld

40. In Re Gault 1967
Gerald Gault (15) home when his friend made vulgar phone calls to a neighbor.
Gault was arrested & taken to the juvenile delinquent center.
Mom was never notified.
Denied notice of the charges, right to counsel, right to confront/cross examine witness, & protection from self- incrimination.
Sentenced to 6 years confined in the State Industrial School.
Ruling/ Significance: Minors cannot be denied due process. Still have same legal protections as adults