POLS 206 Exam 1 Review Seat Number 141 Important Court Cases McCulloch v Maryland 1819 One of the earliest federalist cases One of the most important cases in American history Story o Congress decides to charter the Bank of the United States One branch of the bank was in Maryland Maryland decides to pass a law to tax that branch in hope to drive it out of business McCulloch is a bank cashier who refuses to pay the tax to Maryland Question s Court Decision o Does Congress have the power to charter this bank o Does Maryland even have the power to tax a federal entity o Chief Justice John Marshall declares that yes Congress has the power to charter the bank However Maryland does not have the power to tax it because of the supremacy clause Gibbons v Ogden 1824 Story o The state of New York grants Robert Fulton a monopoly to run his steamboats between New York and New Jersey Ogden gets a license from Fulton Gibbons is a disgruntled former employee who goes to the federal government and gets a monopoly to run from New York to New Jersey o Who gets the monopoly o Does the state or the federal government have a more important Question monopoly Court Decision o Ruled that since the federal government granted a monopoly between two states then Gibbons has the monopoly because Congress controls commerce between states Barron v Baltimore 1833 Story o Barron sues the city of Baltimore using the 5th Amendment Takings Clause because his wharf now has no water around it Barron claims the city took his property without justly compensating him Question o Can Barron sue the city of Baltimore using the Bill of Rights o Is he protected at the local state level 1 Court Decision o No Barron cannot do this The Supreme Court believes there has been some confusion We all have dual citizenship in regards to both the nation and the sate in which you live The Bill of Rights does not protect you against state and local governments This implies that states do not have to abide by the Bill of Rights Until the 20th century the Bill of Rights did not apply to the state and local level Dred Scott 1857 No story Court Decision o The court puts strict limits on Congress because they say Congress cannot limit slavery in western territories NLRB v Jones Laughlin Steel 1937 Called the Switch in Time That Saved Nine NLRB National Labor Relations Board o Purpose to adjudicate labor disputes therefore they are regulating labor Story o Jones Laughlin Labor fires some employees because they were trying to start a union The employees take their case to the NLRB in hopes of being reinstated Question Court Decision o Does Congress have the power to create the NLRB o Can the NLRB have the employees reinstated o In this case the Supreme Court says it is legal Congress can create the NLRB and the employees should be reinstated The Slaughterhouse Cases 1873 Story o The Louisiana state legislature passes a law that gives a monopoly to one slaughterhouse so all of the other slaughterhouses went out of business Therefore under the 14th Amendment the state took their property without proper compensation o Does the state have to compensate the slaughterhouses that had Question to go out of business Court Decision o The Supreme Court says no the state does not have to compensate them The 14th Amendment does not protect you at the state level Says the 14th Amendment does not alter you civil liberties but rather it was to offer some protection to African 2 Americans after the Civil War This makes the first two clauses of the 14th Amendment meaningless Gitlow v New York 1925 Story o Gitlow was the publisher of a newspaper that ran articles advocating the over throw of the New York government At the time you could not speak out against the government so he was thrown in jail o Does the 1st Amendment freedom of speech protect him Question Court Decision o Yes The Court extended the freedom of speech to the state level Near v Minnesota 1931 Story o The Saturday Press was anti everything anti Catholic anti Irish etc Minnesota wants to prevent this newspaper form being published by prior restraint Prior Restraint is preventing the newspaper from ever being printed and running Question Court Decision o Can the state do this and keep this newspaper from running o The Supreme Court rules that states can put no prior restraint on the press They extend freedom of press to the state level Gideon v Wainwright 1963 Story o Gideon breaks into a pool hall and does damage to it He wants a lawyer but they say they don t have to give him one because he was not being tried for a capital offense They said he did not have the right to counsel Gideon writes out an appeal to the Supreme Court by hand Question o Do you have a right to counsel o Does the severity of the charge matter Court Decision o The Supreme Court says he does have the right to counsel They extend the right to counsel to the state level It took a few more court cases to extend the law to say that you had the right to counsel in any case where you were up for jail time Mapp v Ohio 1961 Story o Mapp owned a boarding house There were rumors she was associating with a fugitive bomber The police go to her house and 3 say they want to search without a warrant The police return claiming to have a warrant however it was fake The police search do not find the person they are looking for but they find a locked box They look in the box and find pornography which was illegal at the time so they arrest Mapp Question o They did not have a legal warrant to begin with o They said they were looking for a person Can they arrest her for some other charge Court Decision o The court decides you cannot use evidence found without a warrant it must be excluded Miranda v Arizona 1966 Story o Miranda is accused of rape and kidnapping He is interrogated for hours he is not given the right to counsel or informed he may he is not told he may remain silent He is questioned until he finally confesses Question Court Decision o Did he know his rights o Is the state required to inform him of his rights o The Supreme Court ruled that the police must inform you of your rights if you are being arrested Now we have the Miranda Warning Civil Rights Cases 1883 Story o Congress pass the Civil Rights Act of 1875 in an attempt to get rid of discrimination in public accommodations Congress said they had the right to do this because it dealt with commerce o Can Congress pass the Civil Rights Act of 1875 Is it legal Question Court
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