Who was apart of the Brown vs. Board of Education case why?
Linda Brown; she lived near a white school but was unable to attend
Who had been searching for a segregation case to take to court and took the Brown vs. Board of Education case?
NAACP (National Association for the Advancement of Colored People)
Which earlier court case was overturned by the Brown vs. Board of Education case?
Plessy vs. Ferguson
What doctrine did the Plessy vs. Ferguson case establish?
separate but equal
What amendment and clause was used in the Brown vs. Board of Education case? and WHY?
14th amendment; racial segregation was a violation of the equal protection clause
Who was involved in the Bush vs. Gore case?
George W. Bush and Al Gore
Which state had to re-count their votes in the Bush vs. Gore case?
Florida
Why did Bush want to stop the recount in the Bush vs. Gore case?
Says it was against the 14th amendment
What did the court rule in the Bush vs. Gore case?
The manual recount had to stop because there was no way to recount EVERY vote involved in dispute/problem
Who got all of Florida's electoral votes in the Bush vs. Gore case?
Bush
Who won the election in the Bush vs. Gore election and what was the number of votes?
Bush won 271-267
Which amendment overturned the Dred Scott vs. Sanford case?
14th amendment
Why was the Dred Scott vs. Sanford case taken to court?
Scott was taken by his owner to Illinois (a free state), then after that moved to Missouri (an enslaved state) where he was enslaved, Scott sued for his freedom
What doctrine did Scott sue under in the Dred Scott vs. Sanford case? explain the doctrine...
'once free, always free' doctrine; it means that if people once lived in a free area/state they are free
Why was the 14th amendment not used in the Dred Scott vs. Sanford case?
It had no been created yet
What did the Supreme Court rule in the Dred Scott vs. Sanford case?
all slaves were property and property can not sue in court
What federal law was overturned (at the time) because of the Dred Scott vs. Sanford case?
Missouri Compromise
What was the Dred Scott vs. Sanford case a direct cause of?
the civil war
What was the outcome of the Furman vs. Georgia case?
no more death penalty, all execution were halted
What amendment was used in the Furman vs. Georgia case? Why?
8th; no cruel and unusual punishment, the death penalty is cruel punishment
38 states did what after the Furman vs. Georgia case reached a verdict? What is important to remember about what they did?
rewrote their death penalty laws to meet requirements of the Furman case; it is important to remember rewriting laws can NOT overcome a Supreme Court decision but the laws can be written to follow one
Which amendment was involved in the Gideon vs. Wainwright case? Why?
6th and 14th because the 6th gives rights to the accused and the 14th involves equal protection
What occurred in the Gideon vs. Wainwright case to make it go to Supreme Court?
Gideon was accused of robbery and at trial he could not afford his own attorney and judge refused to give him one, he was found guilty
What is the rule that is now applied because of the Gideon vs. Wainwright case?
any defendant who could be sentenced to 6 months or more in prison will be provided with an attorney
What did President Bush do in 2004 creating the Hamdan vs. Rumsfeld case?
held captures terrorists in a military base at Guantanamo Bay Cuba
Why could the captured people not appeal in American courts according to the Hamdan vs. Rumsfeld case?
people were not US citizens so they did not have the same rights
In the Hamdan vs. Rumsfeld case what kind of courts did the President say he would put together?
special military courts to try the terrorists on
In the Hamdan vs. Rumsfeld case why did the President's court idea not work?
The Supreme Court said it violated military law and international law
What amendments were used in the Hamdan vs. Rumsfeld case? and why?
5th and 6th amendment; right to attorney and right to due process
When did the Korematsu vs. U.S. case come along?
After the Japanese bombed Pearl Harbor
In the Korematsu vs. U.S. case what was happening to Japanese Americans?
moved to internment camps and fed poorly and cramped camps
Which amendments were used in the Korematsu vs. U.S. case? why?
-5: due process
-8: no cruel or unusual punishment
-14: equal protection
What happened for the Marbury vs. Madison case to come along?
President John Adams assigned several men as judges which angered the incoming President Thomas Jefferson
In the Marbury vs. Madison case what did Jefferson do about his dilemma?
ordered James Madison to not deliver the commissions thus not allowing these men their jobs
Who sued in the Marbury vs. Madison case and why?
William Marbury because he wanted the Supreme Court to grant him his job as a judge
What law was passed so that the Supreme Court could hear the Marbury vs. Madison case?
Judiciary Act of 1789
What was the most important outcome of the Marbury vs. Madison case? what did it do?
judicial review; which gave the Supreme Court the power to determine if laws are unconstitutional or not
In the Miranda vs. Arizona case why was it brought to court (what is the story behind it)?
Ernesto Miranda was arrested for kidnapping and he was found guilty but neither before questioning or during was he told he had the right to consult an attorney or to have an attorney present during questioning
Which amendment(s) were used in the Miranda vs. Arizona case? Why?
5th because of due process and 6th because he was not informed of his rights
The Supreme Court ruled that a person held can't be questioned unless they are told what? What are these right known as today?
1) the right to remain silent
2) the right to an attorney (at government expense if you can't afford one)
3) that anything a person states can be used as evidence in a trial
Known as the Miranda Rights
What brought the Plessy vs. Ferguson case to court (what is the story behind it)?
Railroad companies were required to provide 'separate but equal' facilities, Homer Plessy (1/8 black) boarded a whites only railroad car and refused to move and was arrested
What amendment was used in the Plessy vs. Ferguson case? Why (What was argued with it)?
14th amendment; argued the "separate but equal" policy violated the 14th amendment (equal protection)
What did the court rule in the Plessy vs. Ferguson case?
the 14th amendment only requires equal protection for the two races not equal facilities
Which case overturns the Plessy vs. Ferguson case?
Brown vs. Board of Education
Why did the Roe vs. Wade case go to court (what is the story behind it)?
Jane Roe challenged the restrictive abortion laws in Texas and Georgia
What did the court rule in the Roe vs. Wade case?
females have a constitutional right to privacy brought on by the 5th and 14th amendment to terminate a pregnancy
What is an important word in the Roe vs. Wade case? Where is it not located?
privacy; it is not located in the Constitution
Why was the Tinker vs. Des Moines case brought to court? What is the story behind it?
During the Vietnam War a group of students wore black armbands to school to protest the war and after 2 days the school officials adopted a policy banning them from being worn, students were suspended and sent home
What amendment was argued in the Tinker vs. Des Moines case?
1st amendment (right to free speech)
What did the court (quote in quote) say about the Tinker vs. Des Moines case?
it can hardly be argued that either students or teacher shed their constitutional rights of freedom as speech or expression at the schoolhouse gate
What did the court rule about the Tinker vs. Des Moines case?
the school could not suspend students for this type of free speech because it was not graphic, violent, or profane
Who was apart of the Brown vs. Board of Education case why?
Linda Brown; she lived near a white school but was unable to attend
Who had been searching for a segregation case to take to court and took the Brown vs. Board of Education case?
NAACP (National Association for the Advancement of Colored People)
Which earlier court case was overturned by the Brown vs. Board of Education case?
Plessy vs. Ferguson
What doctrine did the Plessy vs. Ferguson case establish?
separate but equal
What amendment and clause was used in the Brown vs. Board of Education case? and WHY?
14th amendment; racial segregation was a violation of the equal protection clause
Who was involved in the Bush vs. Gore case?
George W. Bush and Al Gore
Which state had to re-count their votes in the Bush vs. Gore case?
Florida
Why did Bush want to stop the recount in the Bush vs. Gore case?
Says it was against the 14th amendment
What did the court rule in the Bush vs. Gore case?
The manual recount had to stop because there was no way to recount EVERY vote involved in dispute/problem
Who got all of Florida's electoral votes in the Bush vs. Gore case?
Bush
Who won the election in the Bush vs. Gore election and what was the number of votes?
Bush won 271-267
Which amendment overturned the Dred Scott vs. Sanford case?
14th amendment
Why was the Dred Scott vs. Sanford case taken to court?
Scott was taken by his owner to Illinois (a free state), then after that moved to Missouri (an enslaved state) where he was enslaved, Scott sued for his freedom
What doctrine did Scott sue under in the Dred Scott vs. Sanford case? explain the doctrine...
'once free, always free' doctrine; it means that if people once lived in a free area/state they are free
Why was the 14th amendment not used in the Dred Scott vs. Sanford case?
It had no been created yet
What did the Supreme Court rule in the Dred Scott vs. Sanford case?
all slaves were property and property can not sue in court
What federal law was overturned (at the time) because of the Dred Scott vs. Sanford case?
Missouri Compromise
What was the Dred Scott vs. Sanford case a direct cause of?
the civil war
What was the outcome of the Furman vs. Georgia case?
no more death penalty, all execution were halted
What amendment was used in the Furman vs. Georgia case? Why?
8th; no cruel and unusual punishment, the death penalty is cruel punishment
38 states did what after the Furman vs. Georgia case reached a verdict? What is important to remember about what they did?
rewrote their death penalty laws to meet requirements of the Furman case; it is important to remember rewriting laws can NOT overcome a Supreme Court decision but the laws can be written to follow one
Which amendment was involved in the Gideon vs. Wainwright case? Why?
6th and 14th because the 6th gives rights to the accused and the 14th involves equal protection
What occurred in the Gideon vs. Wainwright case to make it go to Supreme Court?
Gideon was accused of robbery and at trial he could not afford his own attorney and judge refused to give him one, he was found guilty
What is the rule that is now applied because of the Gideon vs. Wainwright case?
any defendant who could be sentenced to 6 months or more in prison will be provided with an attorney
What did President Bush do in 2004 creating the Hamdan vs. Rumsfeld case?
held captures terrorists in a military base at Guantanamo Bay Cuba
Why could the captured people not appeal in American courts according to the Hamdan vs. Rumsfeld case?
people were not US citizens so they did not have the same rights
In the Hamdan vs. Rumsfeld case what kind of courts did the President say he would put together?
special military courts to try the terrorists on
In the Hamdan vs. Rumsfeld case why did the President's court idea not work?
The Supreme Court said it violated military law and international law
What amendments were used in the Hamdan vs. Rumsfeld case? and why?
5th and 6th amendment; right to attorney and right to due process
When did the Korematsu vs. U.S. case come along?
After the Japanese bombed Pearl Harbor
In the Korematsu vs. U.S. case what was happening to Japanese Americans?
moved to internment camps and fed poorly and cramped camps
Which amendments were used in the Korematsu vs. U.S. case? why?
-5: due process
-8: no cruel or unusual punishment
-14: equal protection
What happened for the Marbury vs. Madison case to come along?
President John Adams assigned several men as judges which angered the incoming President Thomas Jefferson
In the Marbury vs. Madison case what did Jefferson do about his dilemma?
ordered James Madison to not deliver the commissions thus not allowing these men their jobs
Who sued in the Marbury vs. Madison case and why?
William Marbury because he wanted the Supreme Court to grant him his job as a judge
What law was passed so that the Supreme Court could hear the Marbury vs. Madison case?
Judiciary Act of 1789
What was the most important outcome of the Marbury vs. Madison case? what did it do?
judicial review; which gave the Supreme Court the power to determine if laws are unconstitutional or not
In the Miranda vs. Arizona case why was it brought to court (what is the story behind it)?
Ernesto Miranda was arrested for kidnapping and he was found guilty but neither before questioning or during was he told he had the right to consult an attorney or to have an attorney present during questioning
Which amendment(s) were used in the Miranda vs. Arizona case? Why?
5th because of due process and 6th because he was not informed of his rights
The Supreme Court ruled that a person held can't be questioned unless they are told what? What are these right known as today?
1) the right to remain silent
2) the right to an attorney (at government expense if you can't afford one)
3) that anything a person states can be used as evidence in a trial
Known as the Miranda Rights
What brought the Plessy vs. Ferguson case to court (what is the story behind it)?
Railroad companies were required to provide 'separate but equal' facilities, Homer Plessy (1/8 black) boarded a whites only railroad car and refused to move and was arrested
What amendment was used in the Plessy vs. Ferguson case? Why (What was argued with it)?
14th amendment; argued the "separate but equal" policy violated the 14th amendment (equal protection)
What did the court rule in the Plessy vs. Ferguson case?
the 14th amendment only requires equal protection for the two races not equal facilities
Which case overturns the Plessy vs. Ferguson case?
Brown vs. Board of Education
Why did the Roe vs. Wade case go to court (what is the story behind it)?
Jane Roe challenged the restrictive abortion laws in Texas and Georgia
What did the court rule in the Roe vs. Wade case?
females have a constitutional right to privacy brought on by the 5th and 14th amendment to terminate a pregnancy
What is an important word in the Roe vs. Wade case? Where is it not located?
privacy; it is not located in the Constitution
Why was the Tinker vs. Des Moines case brought to court? What is the story behind it?
During the Vietnam War a group of students wore black armbands to school to protest the war and after 2 days the school officials adopted a policy banning them from being worn, students were suspended and sent home
What amendment was argued in the Tinker vs. Des Moines case?
1st amendment (right to free speech)
What did the court (quote in quote) say about the Tinker vs. Des Moines case?
it can hardly be argued that either students or teacher shed their constitutional rights of freedom as speech or expression at the schoolhouse gate
What did the court rule about the Tinker vs. Des Moines case?
the school could not suspend students for this type of free speech because it was not graphic, violent, or profane