2. TINKER V. DES MOINES-1969
Overview/Plaintiffs Arguments
School in Des Moines, Iowa did not allow students to wear
black armbands as a form of protest against the Vietnam War
Tinkers wore the armbands anyway and got asked to be
removed from their arms, but they refused and got
suspended until they agreed to remove them
Tinkers sued the school because they believed it
violated their freedom of speech under the First
Amendments
Tinkers believed that wearing the armbands was
symbolic speech
3. TINKER V. DES MOINES-1969
Defenses Arguments
Des Moines said that the armbands disrupts the
students ability to learn
Having no disruptions while learning was more important
than the students right to freedom of speech
4. TINKER V. DES MOINES-1969
Summary of court's decision
Tinkers appealed the case to the US Court of Appeals
for the Eighth Circuit
Court had to decide if the freedom of speech right
protects the symbolic speech of public school students
Supreme Court favored the Tinkers and said that the
students have to right to freedom of speech for public
school children
5. MARBURY V. MADISON-1803
Overview/Plaintiffs Arguments
The previous president, John Adams, began filling the
empty positions in the federal government by appointing
58 people
Adams asked John Marshall, the Secretary of State, to
hand out the paperwork in order for the new people to
start their new jobs
Marshall did not have enough time to finish and told
James Madison, the new Secretary of State, to deliver
the rest
6. MARBURY V. MADISON-1803
Overview/Plaintiffs Arguments
Thomas Jefferson was elected new president and
ordered Madison to stop the delivery of papers
William Marbury was one of the people who did not
receive the papers
Marbury sued James Madison
Marbury asked the Supreme Court to issue a writ that
required Madison to deliver the papers in order to make
Marbury Justice of the Peace
Marbury argued that the Judiciary Act of 1789 gave the
Supreme Court the power to issue the writ
8. MARBURY V. MADISON-1803
Summary of court's decision
The new Chief Justice of the Supreme Court was John
Marshall, who also was the one who didn’t have enough
time to deliver the papers in the first place
Marshall had to decide the case
Resulted in the establishment of the concept of judicial
review
9. GIBBONS V. OGDEN-1824
Overview/Plaintiffs Arguments
Robert Fulton and Robert Livingston were given a
monopoly by New York State to operate steamboats
on the waterways of New York
Aaron Ogden had a Fulton-Livingston license to use
steamboats under the monopoly
Thomas Gibbons had a federal coasting license
and competed with Ogden on his route
10. GIBBONS V. OGDEN-1824
Overview/Plaintiffs Arguments
There was a problem because the waterway that they
used was between New Jersey and New York which was
an interstate waterway
Who had the right to issue a license to operate boats on
that interstate waterway? New York or the national
government (congress)?
Gibbons stated that the Constitution gave control to the
national government over the interstate commerce
11. GIBBONS V. OGDEN-1824
Defenses Arguments
Ogden did not like the fact that there was competition
and asked the Court of Chancery of New York to have
Gibbons stop operating his boats there
Ogden stated that the state of New York should have
control over that interstate waterway
12. GIBBONS V. OGDEN-1824
Summary of court's decision
Article I, Section 8 states that the Congress has the
power "to regulate Commerce with foreign Nations, and
among the several States."
The Court of Chancery of New York favored Ogden and
demanded Gibbons to stop his boats
13. US CASE LAW SUMMARY
I noticed that all three cases ended up with
referring to the Constitution
The cases had strong arguments from both the
plaintiff and defendant, but the decision had to
be made
The cases taught me a lot about how the
Amendments and the Constitution is used in
court cases and who decides what the result is
