APUSH Legal Issues

-German American newspaper publisher and printer -his acquittal of libel charges in New York City established a legal precedent for freedom of the press -the Supreme Court under Chief Justice Warren reinvigorated free press rights; the case of New York Times v. Sullivan strengthened the protection of the press against libel cases brought by public figures

-court orders that authorized customs officials to conduct non-specific searches to stop colonial smuggling -allowed for the searching of homes, warehouses, and shops -James Otis served as a prosecutor in a failed Massachusetts legal case; he argued that these searches were contrary to natural law -later, the 4th amendment would protect citizens against \"unreasonable searches and seizures\"

-Chief Justice of the United States Supreme Court (1801-1835) -he was a Federalist installed by Adams -his decisions defined and strengthened the powers of the judicial branch and asserted the power of judicial review over federal legislation -his court made determinations that cemented a static view of contracts -his court's decisions advanced capitalism -significant cases included Marbury v. Madison, Fletcher v. Peck, Dartmouth College v. Woodward, McCulloch v. Maryland, and Gibbons v. Ogden

-William Marbury had been commissioned justice of the peace in D.C. by President John Adams -His commission was part of Adams' \"midnight appointments\" during his last days in office -Marbury's commission was not delivered, so he sued President Jefferson's Secretary of State, James Madison -Chief Justice John Marshall held that while Marbury was entitled to the commission, the statute which allowed Marbury's remedy was unconstitutional, as it granted the Supreme Court powers beyond what the Constitution permitted -this decision paved the way for judicial review, which gave courts the power to declare statutes unconstitutional

-Burr planned to take Mexico from Spain and establish a new nation in the West -Burr, a fugitive in politics after Alexander Hamilton's death, was arrested in Natchez and tried for treason -under John Marshall, Chief Justice of the Supreme Court, Burr was acquitted -Marshall determined that the charge of treason required more than just proof of conspiracy to commit treason; this helped narrow the legal definition of treason

-Marshall court decision -the first time state law was voided on the grounds that it violated a principle of the U.S. Constitution -the Georgia legislature had issued extensive land grants in a corrupt deal -a legislative session repealed that action because of the corruption -the Supreme Court decided that the original contract was valid, regardless of the corruption -reaffirmed the sanctity of contracts

-Marshall court decision -determined that no state can control an agency of the federal government -Maryland tried to levy a tax on a local branch of the U.S. bank to protect its own state bank -Supreme Court determined such state action violated Congress's \"implied powers\" to operate a national bank -use of judicial review over state law made this a division of powers case

-Marshall court decision -severely limited the power of state governments to control corporations, which were the emerging form of business -New Hampshire legislature tried to change Dartmouth from a private to a public institution by having its charter revoked -the court ruled that the charter issued during colonial days still constituted a contract and could not be arbitrarily changed without the consent of both parties -reaffirmed the sanctity of contracts

-Marshall court decision -determined that only Congress may regulate interstate commerce, including navigation -Gibbons received a monopoly by New York to operate a steamboat between New York and New Jersey -Ogden received the same rights through Congress -Supreme court decided that the state monopoly was void -use of judicial review over state law made this a division of powers case

-demonstrated that a contract could be broken to benefit the general welfare -Jackson's chief justice, Roger Taney, suggested that a state could cancel grant money if the grant ceased to be in the interests of the community -served as a reversal of Dartmouth College v. Woodward

-supreme court case involving a slave, Scott, who was taken by his master from Missouri, a slave state, to Illinois, a free state -after Scott had been returned to Missouri, he sued for freedom for himself and his family, stating that by residing in a free state he had ended his slavery -President Buchanan meant for the case's decision to serve as the basis for the slavery issue -pro-southern Judge Taney ruled that Scott did not have the right of citizenship, which he would need to be able to bring forth a suit -ruled further that the Missouri Compromise itself was unconstitutional because Congress had no power to prohibit slavery in the territories, as slaves were property -the Scott decision would apply to all African-Americans, who were regarded as inferior and, therefore, without rights

-Case challenged legislation made by the State of Illinois against railroads; the state was trying to appease the demands of farmers for lower railroad rates -the supreme court determined that states had no power to regulate interstate commerce -Case undid an earlier victory for states established in the Munn v. Illinois case (1877), which allowed for regulation

-Homer Plessy refused to leave a railroad car restricted only to whites -the supreme court upheld the Louisiana state law that required \"separate but equal\" facilities -the majority stated the the 14th amendment protected only political equality, not social equality -justice Harlan's dissent argued that \"...all citizens are equal before the law,\" laying the foundation for Brown v. Board of Education of Topeka, which overturned \"separate but equal\"

-a series of court cases held to determine if the \"Constitution followed the flag\" -at stake-whether people in areas controlled by the U.S. were given rights as citizens -the court determined that those living in new territories were not automatically granted the rights of U.S. citizens

-Oregon established a law that limited women to ten hours of work in factories and laundries -Muller, a laundry owner, challenged the legality of the law, arguing that it violated the \"liberty to contract\" -Louis Brandeis, one of the attorneys arguing the case, used extensive sociological evidence in the brief (the Brandeis Brief), which served as a model for later social reformers -the supreme court held that the law was constitutional

-nominated by Woodrow Wilson to the supreme court -considered an advocate of social justice -first jewish justice -prior to his place on the supreme court, he was known for his \"Brandeis Brief\" in Muller v. Oregon

-struck down the Keating-Owen Act of 1916, which excluded products produced by child labor from interstate commerce -Dagenhart sued, as he wanted his 2 sons to work and bring income in for the family -the supreme court held that congress, with the Keating-Owen Act, had overstepped its bounds -led to \"dual federalism,\" the belief that congress could not take powers that had been reserved to the states by the 10th amendment

-during WWI, Charles Schenck created a pamphlet opposing the military draft; he was convicted of attempting to obstruct the military under the Espionage Act -the supreme court determined that speech may be suppressed if it creates a clear and present danger (one cannot yell \"fire\" in a crowded theater) -in following years, the \"clear and present danger\" test was limited to violent actions rather than the support of these ideas

-fundamentalist protestants supported creationism as a way to prohibit the teaching of evolution in schools -hoped to protect belief in the literal understanding of the Bible -Scopes, a young biology teacher, broke the law by teaching darwinism and served as a test case for the ACLU -darwinism was a concept of evolution created by Charles Darwin and written about in Origin of Species -Clarence Darrow defended Scopes, and William Jennings Bryan defended the state of Tennessee -judge refused to allow expert witness testimony -Scopes was convicted and fined $100 which was later dropped -some states passed anti-evolution laws

-11th chief justice of the supreme court -had also served as Associate Justice of the supreme court (1910-1916) and U.S. secretary of state (1921-1925) -as chief justice, he often voted to uphold FDR's new deal legislation, although he wrote the opinion in Schechter v. U.S. finding the National Recovery Administration unconstitutional

-Korematsu was arrested and convicted after failing to comply with military order to move to a Japanese relocation center -the supreme court upheld his conviction based on war powers; the government's need to protect against espionage outweighed Korematsu's rights -justice frank murphy, in his dissent, stated the decision was the \"legalization of racism\"

-supreme court case which challenged \"separate but equal\" ruling established in Plessy v. Ferguson -the court, led by chief justice earl warren, held that separate was inherently unequal and instructed states to integrate -massive southern resistance slowed the advance of integration -federal troops were used to help nine black students attend an all-white school in Little Rock, despite mobs and the Arkansas National Guard

-supreme court held that a prayer created by the New York State Board of Regents was unconstitutional -even though this prayer was \"non-denominational,\" the court held that state-sponsored prayer of any type went against the 1st amendment's establishment of religion

-Tennessee had failed to reapportion its state legislature for 60 years despite growth and population movement -Charles Baker, a Tennessee voter, brought suit against the state, arguing a violation of the equal protection clause of the 14th amendment -Baker claimed that his vote had been diluted -the supreme court held that the political question would be heard, opening the way for numerous voting suits

-Gideon: supreme court held that all persons charged with a felony (later expanded to other charges) must be provided legal counsel -Escobedo: supreme court held that the police must honor a person's request to have an attorney present during interrogation -Miranda: the supreme court provided an arrested person with the right to remain silent, the right to be told that whatever he said could be used against him, the right to be represented by an attorney, the right to have a lawyer even if he could not afford one, and the right to one phone call to obtain a lawyer

-a motel operator refused to serve an African-American customer -the supreme court upheld the civil rights act of 1964 which outlawed discrimination in schools, places of work, voting sites, public accommodations, and public areas

-supreme court ruled that the death penalty was unconstitutional unless fairly applied -subsequent supreme court decisions have allowed the death penalty in certain circumstances

-supreme court decision that ruled first trimester abortions were to be allowed -all state laws prohibiting such abortions were made unconstitutional -decision was based on a woman's right to privacy -led to criticism from Roman Catholics and right-to-life groups

-the supreme court upheld the university's use of race in its admissions decisions -the court also found that Bakke, a white, should have been admitted to the university's medical school -this holding banned the use of racial quotas