Cases
Published on Dec 22, 2015
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PRESENTATION OUTLINE
The court was granted the power of judicial review!! This is what enables the court to determine if a law is unconstitutional. This is the first known court case that officially established judicial review. In addition, it expanded the principle of limited government-courts too, should serve as a check on the legislature.
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The court finally established that the federal government is “supreme in its sphere of action”! Maryland was so determined to tax the Bank of the United States. When Marshall found this out, he said that the power to tax, was the power to destroy. This court case made it known that a state should not interfere with federal actions that were “necessary and proper”. This allowed for the creation of the national bank.
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The courts message about the power of the national government couldn't have been stronger. This time, it used the Constitution’s commerce clause. The power of the federal government was increased because of the expansion of the interstate commerce. Gibbons wanted the right to control river travel in New York in order to carry passengers between New Jersey and Manhattan. The court ultimately agreed with Gibbons due to the fact that no real commerce would be able to develop.
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Dred Scott was a slave of an army surgeon, John Emerson. Scott had been taken from Missouri to posts in Illinois for several years before returning to Missouri. The Missouri Compromise of 1820 had declared the area including Minnesota free. In 1846, Scott sued for his freedom on the grounds that he had lived in a free state and a free territory for a prolonged period of time. Finally, after eleven years, his case reached the Supreme Court. (Cont)
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At stake were answers to critical questions, including slavery in the territories and citizenship of African-Americans. The verdict was a bombshell.The opinion of the Supreme Court in the Dred Scott Case was delivered by Chief Justice Taney. Not only did he declare all blacks and slaves, as well as free, never allowed to become citizens of the United States, but the court also declared 1820 Missouri Compromise unconstitutional. Congress is now powerless to stop the growth of slavery.
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1892. 30-year-old Homer Plessy was jailed for sitting in the "White" car of the East Louisiana Railroad. Plessy could easily pass for white but under Louisiana law, he was considered black despite his light complexion and therefore required to sit in the "Colored" car. Plessy deliberately sat in the white section and identified himself as black. He was arrested and the case went all the way to the United States Supreme Court. (Cont)
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Plessy's lawyer argued that the Separate Car Act violated the Thirteenth and Fourteenth. On May 18, 1896, the U.S. Supreme Court, with only one dissenting vote (Justice John Harlan), ruled that segregation in America was constitutional.The case established.
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1954. Brown is an African American girl. She wanted to study in a white school where is close from her home. Because of Segregation, she could not go to the school and went to a black school. She suited against board of education that separate public schools for black and white students unconstitutional. Brown case raise racial concerns in the social. (Cont)
Photo by Duke University Archives
Thanks to the astute leadership of Chief Justice Earl Warren, the Court spoke in a unanimous decision written by Warren himself. However, Brown won the case in the supreme court and judge said that “segregated black and white schools were of equal quality in facilities and teachers, segregation by itself was harmful to black students and unconstitutional” because of the fourteenth amendment.
Photo by Duke University Archives
