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| John Adams "midnight appointed" judges before his turn was up. However, some commisions, such as that of Marbury. Jefferson told Madison not to deliver the rest of the commisions. Judge Marshall knew marbury's side would lead to a weakening of the court by Jefferson's disobedience. Decided action was against the law, but the law was unconstitutinal. Established judicial review |
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| Bill of rights applied only to action of federal government |
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| Socialist Charles Schenck was opposed to the draft of WWI and sent out leaflets to philadelphians. Some found the letter offensive and asked for him to be arrested under violation of the espionage act. Was arrested. Allowed courts to balance between civil rights and needs of scoiety |
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| Courts decided racial segregation was legal because people were seperate but equal |
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| group of socialists arrested for handing out leaflets asking for an uprising to create a socialist govrenment. Gitlow appealed and it waws decided that New York laws violated 1st amendment and should be changed |
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| Brown Vs. Board of Education |
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| found seperate educational facilities to be unequal |
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| courts struck down practice of praying in New York Public schools. Inconsistent with establishment clause |
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| established Free Exercise clause, which allows people to follow whatever religion that want. Reynolds was a mormon with more than one wife. Arrested for polygamy. Called this a violation of his religious beliefs. Court decided courts could interfere with practices and not beliefs |
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| KuKlux Klan leader was arrested for giving a speech encouraging illegal activity.. Court offered two part test to determine whether clear and present danger existed that might justify supressing speech. Decided such speech must be inciting or likely to inciteviolence |
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| Court concluded flag burning was considered freedom of speech |
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| attempts at prior restrainent or material officials don't like is unconstitutional |
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| police believed men were gonna rob a store. Frisked them and they were charged with having a concealed weapon. Argued cops did not have probable cause, but they actually di. "allowed stop and frisk" |
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| court ensured process to make sure suspects know their rights. lead to protection of rights of the accused |
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| Clarence GIdeon was poor and couldnt afford attourny. Florida only gave them in death penalty cases. found guily and got five years. Gideon educated self and filed appeal. COurts decided availibility should not depend on person having money |
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| court concluded capital punishment was cruel and unusual. put halt on death row |
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| justices on the court declared nineth amendment has rights to privacy. Girwald was arrested for telling couples how to prevent pregnancy. against Conn anti-conception law. |
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| focused Violence Against Women Act-allowed victims of domestic violence to sue attackers in federal court. said violent crime between indivuduals was not an issue for federal court |
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