SHS SocialStudiesMajor SupremeCourt CasesOr, who do these judgesthink they are interpretingthe constitution?
SHS Social Studies Marbury vs. MadisonJudicial Review is established.
After the 1800 election, Adamsappoints new judges… John Adams (Federalist) signs appointments on his last night in office. Thomas Jefferson (Democratic Republican) is to take over as President. What political party do you think the judges Adams appointed belonged to? Why did he did this?
“midnight judges”- what these new judges were referred to.William Marbury was one of these “midnight judges.”
Why is Madison involved? James Madison, TJs new Secretary of State, was supposed to officially present Marbury with his new position…But he didn’t! So… Marbury sued and appealed to the Supreme Court to get Madison to award him the position…
The Verdict. Supreme Court refuses to grant Marbury his position!! Why? A section of the Judiciary Act of 1789 (which set up the federal court system in the first place) was unconstitutional and void.
Lasting ImpactThis is the first time the Supreme Court overturns an act of Congress.Checks & balances in action!Judicial Review- Supreme Court’s ability to declare a law or act unconstitutional
More major cases… McCulloch v. MarylandA Federalism case.
Federalism and the Issue Federalism: Coexistence of Federal, state, and local POWERS Second Bank of the United States created Maryland tried to impede operation of the BUS imposed a tax on all notes of banks not chartered in Maryland BUS was the only out-of-state bank in Maryland
Fundamental Issues Does the Constitution grants Congress implied powers for implementing the Constitutions express powers? Can a state’s action impede valid constitutional exercises of power by the Federal government?
The Verdict On the first question, Marshall argued that the necessary and proper clause of the Constitution implied that Congress could charter a national bank Congress was exercising of its explicit power to regulate interstate commerce and coin and regulate money. On the second question, Marshall wrote that "the power to tax is the power to destroy” Allowing the state to tax the national bank violated the supremacy clause (Article VI) of the Constitution. The Bank therefore is legal
U. S. Constitution Article I: “The Congress shall have power . . . to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” Article VI: “This Constitution, and the laws of the United States which shall be made in pursuance thereof . . . shall be the supreme law of the land.”
The commerceclause…Gibbons v.OgdenSteamboat ferries impactedthe constitution? Really?
Ogden’s Steamboat Monopoly Under a New York law adopted in 1798, Robert Livingston obtained a monopoly, or exclusive right, for steamboat navigation within the state of New York. Any boats that competed with this monopoly would be forfeited by the owner.
More facts… In 1815, after the deaths of Livingston and Fulton, Aaron Ogden obtained a right under the monopoly and began to run a steamboat between New Jersey and New York City. In 1818 Thomas Gibbons, one of Ogden’s former partners, began a competing operation between Elizabethtown, New Jersey, and New York City. Ogden sued Gibbons for violation of his monopoly and in 1820 New Yorks highest court found in Ogden’s favor.
In the US Supreme Court The Supreme Court unanimously concluded that the New York law granting the monopoly was invalid. Chief Justice John Marshall wrote the Court’s opinion. Marshall: “Commerce, undoubtedly, is traffic, but it is something more…” Marshall concluded that commerce included all navigation that is “in any manner connected with commerce.”
Intra- versus Inter-StateCommerce Marshall stated that the power of Congress to regulate commerce did not include commerce that was “completely internal” and that did not “extend to or affect other States.” The states had the power to regulate such completely internal commerce. However, the issue before the Court concerned commerce between two states and therefore involved federal authority over commerce.
14thAmendmentLandmarkCasesPlessy v.Ferguson &Brown v. Boardof EducationQuick review—I know thatyou know these cases
Warren CourtdecisionMiranda v.ArizonaHow much power can thepolice exercise on asuspect?
Background Ernesto Miranda Arrested for kidnapping and rape Poor, uneducated, English may not have been his native language Intensively questioned for 2 to 3 hours
The Interrogation Miranda was not told that he had a right to remain silent. He was not told that he had a right to an attorney. After about 3 hours, police obtained a signed, written confession.
WhatAmendmentsApply? 5th: Self- Incrimination 6th: Right to an attorney 14th: Equal protection of the laws
Ruling Miranda should have been told of these rights Therefore, police must explain these to anyone who is a suspect or arrested (once a suspect is in custody) Police must ask “Do you understand these rights?” A suspect can decide at any time to exercise these rights Or, they can voluntarily waive them
Exclusionary Rule Illegallyobtained evidence cannot be used to convict a person of a crime. Statements made by any suspects was not informed of his/her Miranda rights may be excluded from trial. Statements made by any suspects who did not understand his/her Miranda Warning may be excluded from trial.
First…Nixon andWatergateHe was a bad, bad boy.
Origins: Pentagon Papers Daniel Ellsberg, an employee of the Defense Department , leaked a classified assessment (negative) of the Vietnam War in 1971 (Pentagon Papers) Senior government officials had serious misgivings about the war. New York Times and Washington Post began to publish the Pentagon Papers, the Nixon Administration sued (prior restraint) Supreme Court ruled the papers could continue to publish the documents
White House Plumbers After the release of the Pentagon Papers, the White House created a unit to ensure internal security (stop leaks) 1971: burglarized theHoward Hunt G. Gordon Liddy office of Daniel Ellsberg’s psychiatrist, seeking material to discredit him. Nixon’s domestic advisor John Ehrlichman knew of and approved the planJames McCord Chuck Colson
The Watergate Break-in 1972: Plumbers turned their activities to political espionage (re-elect Nixon) June 17, 1972, 5 men were arrested while attempting to bug the headquarters of the Democratic Party inside the Watergate building in Washington D.C. One of the men arrested, James McCord, was the head of security for the Republican Party.
Investigations Original investigation: White House. Guess what they concluded? Watergate came to be investigated by a Special Prosecutor, a Senate committee, and by the judge in the original break-in case John Dean: testified about a cover-up Alexander Butterfield: taping system in the Oval Office Saturday Night Massacre
Sirica:tapes areThe Tapes evidence; Nixon: Executive Privilege US v. Nixon: Supreme Court ruled tapes must ne turned over Reasoning: the separation of powers, nor the generalized need for confidentiality of high-level communications, ca n sustain an absolute, unqualified, presidential privilege
Tapes showed the cover-up:The Tapes authorizing the payment of hush money attempting to use the CIA to interfere with the FBI investigation. 18 ½ minute gap Nixon’s secretary Rosemary Woods “accidently” stepped on the mute button Audio experts: it was erased at least 5 times After “The smoking gun tapes,” were released in August 1974, the House Judiciary Committee approved Articles of Impeachment against Nixon Nixon resigns later that month