Select one of the Landmark Supreme Court cases from among the list we have studied and explain your opinions about the rights and freedoms [make mention of which Amendment or clause in/of the Constitution is involved] that were challenged. Talk about your reaction to the decisions of the Court.
Note to students: In order to have a variety of cases explained see your peers' comments about the cases so we can explore a wide range of issues here. No more than two students may write comments about the same Landmark case! If you are the 3rd person for case you shall not receive credit for your response so read all comments carefully.
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ReplyDeleteI select the Marbury vs. Madison case. It is a landmark case in the United States. It formed the basis for the exercise of judical review in the United States. The court made an unanimous (4-0) decision. That Marbury had the right to his commission but the court did not have the power to force Madison to deliver the commission.
ReplyDeleteI chose the McCulloch VS. Maryland case. It was a landmark decision by the supreme court of the united states. The state of Maryland had attempted to impede operation of a branch of the second bank of the united states by imposing a tax on all notes of banks not chartered in Maryland. James McCulloch, head of the Baltimore branch of the second bank of the united states, refused to pay the tax. The case was appealed to the supreme court.McCulloch had the right to appeal and the freedom of speech.
ReplyDeletePlessy vs. Ferguson, a landmark case for our country. Also known as the "Train Car" case. The constitutional rights questioned in this case delt with equal rights for different races. On trains there were two sections, one for whites and another for blacks. In my opinion I believe this was racist and unfair. The committee who challenged this thought the same as me. A man who was part black and part white bought a ticket for the white train car. After annoucing that he was black he was asked to move to the black train car, and when he refused he was then arrested. When this was taken to court they claimed to see nothing wrong with the separation of races in public places. Even though some of the Justices dissagreed heavily with eachother on this subject. This case led to a legal precident of separate but equal.
ReplyDeleteI choose the Gibbons vs. Ogden was a landmark case for the Supreme Court. It asked questions such as Which license was superior, federal license or state license? Which jurisdiction is more powerful? and did Congress have the power to regulate commerce between states? it was ruled that Congress had expressed power to regulate commerce or the buying and selling of goods. It also ruled that when there's a disagreement between federal and state government, the federal government must win.
ReplyDeleteThe Plessy vs. Ferguson case: the "train car" case.
ReplyDeleteA man who was part black and white bought a ticket for the white train car. When he was asked to move to the black train, he was arrested and brought to court. The judge found nothing wrong with having seprate cars, even though the jury had many different opinions. This care was a perfect example of seprate but equal.
The constitutional issue was that blacks and whites were not considered equal, meaning they had different rights because of their race.
When i heard about this case, it saddened me because it shows how closed minded our country used to be to blacks. Our coutry back then thought that it was okay to have seprate places for black and whites to do things, but in truth they are the same as us, just a different skin color. In order to truely be a free country like our constitution says we are, we just must give everyone the rights and freedoms they deserve, whether they are black or white.
I choose the Gibbons vs Ogden landmark case for the Supreme court. Some of the questions that it asked was Which jurisdiction is more powerful?, and did Congress have the power to regulate commerce between states? The Case was decided in 1824 by the U.S. Supreme Court. Aaron Ogden, the plaintiff, had purchased an interest in the monopoly to operate steamboats that New York state had granted to Robert Fulton and Robert Livingston. It was ruled that Congress had expressed power to regulate commerce or the buying and selling of goods. Also it was ruled that when there's a disagreement between federal and state government, the federal government must win. At issue was the scope of the commerce clause of Article I, Section 8, of the Constitution; this provides that Congress shall have the power to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. Federal power is specifically enumerated, but within its sphere Congress is supreme. State legislation may be enacted in areas reserved to the federal government only if concurrent jurisdiction is feasible (as in the case of taxation).
ReplyDeleteThat is what I know about the landmark and that is what I learned. Not sure if its good but it's all I got, Thanks!
I chose the Swann v.s. charlotte-mecklenburg board of education. I think it was to be racist to a 6 year old boy. He couldn't get the education he needed and that is wrong. Who knows what they boy could do in the wrold or become. It is because of the color of his skin. Why does it always come down to the color or religion. This has to do with the 14th amendment and the equal protection clause.
ReplyDeleteI chose Brown vs. Board of Education, a landmark case in the United States. The constitutional rights questioned in this case delt with equal rights for different races. This case violates the 14th amendment to the U.S. Constitution, which guarantees all citizens equal protection of the laws. I believe it was worng for schools to segreate based on race. When this was taken to court The Supreme Court ruled that segregation in education was unconstitutional and that the African-American students could attend the originally segregated white schools. I believe the court's decision was the right one, people shouldn't be segregated by race.
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ReplyDeleteBrown vs. Board Of Education was the landmark case I chose. Because when the case was taken to court they ruled that segregation was unconstitutional and that the African American students could attend schools with white students. This case violates the 14th amendment to the U.S. Constitution which guarantees all citizens equal protection laws.
ReplyDeletei chose the Gideon vs Wainwright case. I think that it was unconstitutional that the court would not provide him a lawyer just because he was poor. Under the 6th amendment you have the right to get a lawyer and just because he is poor and can not afford a lawyer doesn't mean that you should not get a fair trial with a lawyer. The case was important because the Supreme Court realized that everybody should have the chance to have a fair trial with a lawyer. So it is very important in U.S history
ReplyDeleteI chose the Swann Vs Charlotte-Mecklennburg board of Education. I think it was unconstitutional for the school not to go through with giving the 6 year old, James Swann bus transportation to school. The 14th amendment had given them equality and the school was not following through with this amendment. The court ruled that the schools were not doing enough to make sure that the students were not getting segregated. It's not fair for him to have to walk to school while everyone else was riding the bus, in my opinion the court made the right decision.
ReplyDeleteI chose the New Jersey Vs. T.L.O. I think it was unconstitutional for the school to search her purse. It Invaded her right of search and seizure. Just because she got caught smoking cigaretes doesn't mean they have the right to search her purse. I could understand it more if someone would have saw her with the marijuana. But i still think it wasn't right for them to search her.
ReplyDeleteI chose regents of the University of California vs. Bakke. I believe that the school was racist because they shouldn't have allowed or not allowed a person in to the school because of race alone. The Justices ended up ruling as I thought they should have. They ruled that race could not be the only or the main factor in a student getting an education. They based their decision on the 14th Amendment because they wanted the decision to make rights equal.
ReplyDeleteI choose Tinker vs. Des Moines Independent School District.I think that the kids had a right to wear the arm bands. They didnt speak out against anyone or anything they just simply wore the arm bands. The Supreme courts opinion says that they peacefully expressed their feelings and that it was not disruptive in anyway. The 1st amendment protects them in this situation.
ReplyDeleteI chose the Marbury vs. Madison because the sepreme court said things like the Congress was unconstitutional.
ReplyDeleteI think this was was wronge of James madison to do what he did because he should have done thing s for both, but not behind the others back. Even though he did what he tought was right. I think that the senate done the right thing because this will never happen again.
Im going to post a blog about the Korematsu vs Untied States... so please dont take it!
ReplyDeleteI am writing about the Korematsu versus Untied States because I agree with the ruling. I agree because I understand the predicament that Roosevelt was in and that he only had the United States’ best interest in mind. The United States had just been attacked by the Japanese and Roosevelt was wary of the Japanese- Americans because he did not know where their allegiances lied. The Japanese- Americans were originally from Japan so they may still have been loyal to the Japanese, so Roosevelt took the necessary precautions.
ReplyDeleteOne thing that I disagree with in this ruling is the unfairness of it. I think that it was unfair because only Fred Korematsu was released and many Japanese- Americans sued to be released from the “camps”, but he was the only one.
This ruling was based on Roosevelt’s power of Commander in Chief. As president, Roosevelt had the right to take precautionary measures and remove the Japanese- Americans from the picture. By relocating the Japanese- Americans, the United States could keep an eye on them and assure that they were not involved or helping the Japanese attack the United States.
The New Jersey v T.L.O. case was a one to remember since it was the start of allowing school officials to go through personal property if a particular situation was to arise that called for that action. The girl was taking the state to court because she thought the vice principle's actions were not reasonable for the given circumstances, and also thought he had no good reason to be going through her purse. After viewing the case, the court decided the vice principal did have the right to search her since suspicion came into play when she denied smoking with the girl who admitted to doing it. If the action calls for a search, somebody shall do so no if's,and's, or but's. The court made the exact decision that I would make in their shoes because somebody should not be doin that kind of stuff in school and im glad the "search" rule was put into effect. The courts decision was also considered by the 4th amendment in our constitution.
ReplyDeleteI choose Marbury vs. Madison because i think it is an important cousr case for America. The Supreme Court’s original jurisdiction was beyond what was specified in Article III of the Constitution. But in the end, Marbury had a right to commission.
ReplyDeleteUniversity of California vs. Bakke. I believe that the school was racist because they shouldn't have allowed or not allowed a person in to the school because of race alone. The Justices ended up ruling as I thought they should have. They ruled that race could not be the only or the main factor in a student getting an education. They based their decision on the 14th Amendment because they wanted the decision to make rights equal.
ReplyDeleteI chose the case of Gregg vs. Georgia and I believe that the Supreme Court made the right decision of the death penalty as his sentence. This case was different from the Furman case in that Gregg had a long record of violence which made the punishment not cruel or unusual punishment. The arguement used in the case was that they weren't abiding by the 8th Amendment, but the fact that Gregg had excessive history of violence and crime made the Court be able to rule in favor of the death sentence.
ReplyDeletei chose Gregg Vs Gerogia (1976) "It's not cruel case" Gregg got charged with murder, he was found guilty because he had an violant criminal record. He brought up the Furman Vs Gerogia case because he didn't think it was fair that Furman got off death row, he was charged with murder. But they proved him not guilty because it was unintentional murder. In the 8th amendment it says Excessive bail should not be required, nor excessive fines imposed, nor cruel and unusual punishements inflicted. Furman's case was different from Gregg's because he actually committed a real murder. The supreme court said that the 8th amendment was not violated that it was made for this case because he had an criminal record. I think he got what he deserved because he committed murder.
ReplyDeleteI choose the miranda vs. Arizona case and i agree with the courts ruling because i think everyone should have the right to know what their rights are so they do not incriminate themselves. I think everyone should be made aware of their rights and now they are because of this court case. i think the case went well to what i thought they should have done. miranda shouldnt have been found guilty when they had not told him his rights before he incriminated himself. Although he did commit a crime the police should not have "cheated"/fail to tell miranda of his rights just so they could catch him. Its not the right way to do things in my opinion so i agree with the ruling that police have to make sure you aware and understand your rights.
ReplyDeletei picked the regents of the unniversity of california vs. Bakke. because i thought it was an important case of the fact that i dont agree with seperation of the races an being discriminated because im white or im a girl it should not matter we are all the same. Also i agree with the courts ruling because they are saying that was unfair and non-equal treatment.
ReplyDeleteI picked Regents of the University of California Vs. Bakke he didnt think that it was fair he coudnt get in med school.when colored was getting in with lower grades then he was. 14th amendment every one shall be treated equally reguraless of what race they are or how low or how high there grades are.
ReplyDeleteI chose Engel vs. Vitale ("the public school prayer case"). In public schools, prayer should be allowed. The school could have gotten away with it if they would have worded the prayer differently. But i believe it was right of the school to set aside a prayer time for students, no matter what religion.
ReplyDelete-Brandon Rubeck
I chose the Engel VS. Vitale Case. This has to do with the first Amendment. I do believe the court made the right decision by saying that the school violated the Separation of Church and State. The reason I say this, is because every student in that school might not have the same beliefs as other students would. Some students might not believe in God and that prayer would offend a lot of students and parents. If they could take the part out about God then the prayer would be fair to everyone.
ReplyDelete