Unit II -- Three Branches.ppt

Our Nation

’

s Executive Branch

Constitutional Requirements for

President

• At least 35

years old

• Native-born

American

• Resident of the

U.S. for at

least 14 years

Teddy Roosevelt was youngest to serve as

president. He was 42 when he took office after Pres. McKinley’s assassination

John F.

Kennedy was the youngest president voted into office at age 43. He was also the youngest to die in office

Bill Clinton was 3rd

Former

Unofficial

“

Requirements

”

(until 2008

election):

• White, protestant, and male

• All but one

president, except Obama, have been white, protestant Christians First Jewish Vice-Presidential Candidate (2000)

Electing the President

• Elections for president - Every

4 years

Bush v. Kerry 2004

Death Cycle of Presidents

Elected in Years Ending in Zero

cycle foretold by Shawnee Chief, Tecumseh, began.

• Every sitting President elected in a year ending in zero died in office, except for President Reagan, who survived a serious assassination attempt, and

George W. Bush.

Harrison, died 31 days into his term. 1st pres. to die in

office.

Lincoln, assassinated just after the end of Civil War

Garfield – Served for less than 4 months before shot in train

station

McKinley (left)

Harding – Did his wife do it?

Mysterious death! Kennedy, assassinated in 1963. Succeeded by Johnson.

FDR

Electoral College

• Indirect method for electing president

• # electoral votes for each state = total # state’s

seats in Congress (Senate & HOR)

• Voting for a candidate = voting for electors who are

“pledged” to that

candidate.

Electors in Minnesota

Electoral College, Cont

’

d.

• There are 538 Electors (per political party, nationwide)

435 members of HOR

100 members of U.S. Senate

+ 3 reps for Washington, D.C. (they have no votes in HOR or Senate)

538 (Total Electoral Votes nationwide)

Popular Vote for Each Candidate

in 2000 Election

• http://

Electors, Cont

’

d.

• Winner-Take-All System

– Even if candidate wins popular vote by just one vote in a state, he still gets ALL of that state’s electoral votes

• States with big populations get more electoral votes

• To win the election, candidate must win at least 270 (out of 538 total) electoral votes.

– That’s why it’s nearly impossible for

Presidential Pay

• $400,000 annual salary

• Lives in White House

– Security

provided by

Secret Service for life

– Private theater – Gym

– Bowling Alley – Heated Pool – Use of Air

25th Amendment

Speaker of the House

• Follows the

V.P. in

succession

to the

Essential Questions

• 1) How have the roles of pres.

changed since George Washington was president?

• 2) Does the executive branch have a more direct impact on your life

than the other branches of government? Why or why not?

• 3) What is the function of the

Chief Executive of U.S.

• Highest office of federal government

• Leads the executive branch in carrying out the laws

• Issues executive orders – a rule or command

Executive

Orders, Cont

’

d.

• President can bypass Congress by making an Executive Order

– Has the force of law.

Chief Legislator

• Can veto or

accept

proposed laws

• Suggests laws

to Congress he

wants to see

passed

Can Issue:

• Reprieves:

– Delay a person’s

punishment until a higher court can hear the case.

• Amnesty

– Pardon for a group of people

• Pardon

– Forgive someone of a crime – no punishment

Jack Johnson, first black

Chief Diplomat

• Foreign Policy –

Nation

’

s overall

plan for dealing

with other

nations

• Pres. directs

foreign policy for

the nation

– Treaties, etc.

Acts as Head of State

Head of State, Cont

’

d.

• Gives annual

State of the

Union Address to

Congress

– Issues facing the nation

Commander in Chief of U.S. Military

• Only Congress can

declare war, but

only the president

can order troops

into battle

• After Vietnam,

Congress passed the War Powers

Resolution. Says the pres. Must notify

Congress within 48 hours of sending

Wars

“

officially

”

declared by

Congress include:

England 1812-1814) Mexican-American War

(1846-1848)

Spanish-American War (April to Dec., 1898) World War I (U.S.

involvement from

1917-1918. It actually began in 1914)

President = Economic

Leader

• Federal budget is clearest

statement of the administration’s

Political Party

Leader

• Helps members of

his political party

get elected to

office

• Appoints political

party members to

powerful jobs in

fed. govt., like

cabinet positions

•

http://www.whiteh

ouse.gov/governme

nt/cabinet.html

The President & Foreign Policy

Goals of Foreign Policy

• Keep the nation safe

• International Trade

• Promoting World Peace

• Promoting Democracy in other countries

Executive Agencies- Some Help

Pres. with Foreign Policy (FP)

• State Dept.

• Central Intelligence Agency (CIA)

• National Security Council (NSC)

– Advises president on national

security & foreign policy NSC: President, vice president, and secretaries of State and Defense, Chairman of the Joint Chiefs of Staff and the Director of Central Intelligence

Foreign Policy – Who Controls It?

• Constitution does not spell out how Congress & President can use their powers in foreign policy

• Result: Competition between legislative &

executive branches to control foreign policy.

Who Really Controls Foreign Policy?

• Control has alternated between the legislative & executive branches over time.

– After WWII, Congress lost a great deal of power, and the presidency gained a great deal of power

War on Terror

– Since onset of the “War on

Terror,” the balance has

tipped back toward the president.

• Office of Homeland Security • Warrantless Wiretapping

• Holding of suspected terrorists without due process

• The Patriot Act

Foreign Policy Tools

• Ways for U.S. government to influence other nations and carry out foreign policy

– Treaties – Appoint

ambassadors to other nations

– Direct foreign aid ($$ to countries in need)

– Int’l. Trade

Foreign Policy Tools, Cont’d.

Treaty

• Formal

agreement

Foreign Policy Tools Cont’d.

Treaties

• 2/3 of Senate must approve treaties made by president (another

There are Different Types of

Treaties

• Defense Treaties – When two or more nations agree to support each other in case one is

NATO

• North Atlantic Treaty Organization

– One of the most important treaties ever signed

– Mutual defense treaty between the U.S., Canada, and the European nations

Foreign Policy Tools, Cont’d.

Executive Agreements

• President can bypass Senate approval for treaty by making an

Executive Agreement w/ leader of another country

– Agreement between the pres. and the leader of another country

– Usually involves routine matters

Pres. Nixon and Henry Kissinger discuss the

Foreign Policy Tools, Cont’d.

Appointing

Ambassadors

• Ambassador – An official representative of a

country’s govt.

• President appoints & Senate must approve

• Ambassadors are only sent to nations where the governments there are officially “recognize

d” by the U.S. govt.

Paul Simons, ambassador to Chile

Foreign

Aid

• Money, food,

military help, or

other supplies

given to a

International Trade

Balkans, Belarus, Burma, Ivory Coast, Cuba, Republic of Congo, Iran, Iraq, Liberian Regime of Charles Taylor, North Korea, Sudan, Syria,

Trade Sanctions

• Efforts to punish another nation by

imposing trade barriers

Thousands of other protesters pressed around the compound, responding to a call by the country's new leader, Ayatollah Khomeini, to attack U.S. and Israeli interests.

Outside the doors stand a bronze model based on New York's Statue of Liberty on one side and a statue

Embargo

• An agreement among a group of nations

that prohibits them all from trading

with a target nation

As a result of the Arab-Israeli War of 1973,

OPEC (Organization of Petroleum Exporting Countries) imposed an

Presidential Advisors and Executive

Agencies

• Job of Advisors & Executive Agencies:

Help president carry out the laws passed

by Congress

EOP – Executive Office of the

Presidency

• About 2,000 employees

• Specialists, secretaries and clerks who help the president do his job

• Prepare reports, write

legislation for the pres. to submit to Congress

• Oversee work of various

Most Important Parts of EOP

• White House Office

• Office of Management and Budget (OMB)

• National Security Council (NSC)

• Office of Administration

White House Office

• 10-12 advisers to the

president

• Chief of Staff

• Staff screens who can

see the president

Office of Management and

Budget

• Prepares the federal

budget for the

president

• Monitors spending in

government agencies

Net spending increases and decreases in

spending by category –

National Security Council (NSC)

• Help the pres.

coordinate U.S. military and foreign policy

• Oversees the CIA

• Members include the Pres., Vice Pres.,

Secretary of State, Sec. of Defense,

Chairman of the Joint Chiefs of Staff (top

Office of Administration

• Secretaries

and clerks

for all

executive

branch

Council of Economic Advisers

• 3 members

• Approved by the Senate

Presidential Cabinet

• Group of advisers to the president

• Directors (called

“secretaries”) of

the 13 top level exec. agencies

• Part of our

“unwritten”

Constitution

– Not found in Const., but crucial part of our govt. and the presidency

Robert Gates, Sec. of Defense

Arne Duncan, Sec. of Education

Stephen Chu, Sec. of Energy

Dept. of Justice Sec. Eric Holder (a.k.a. Attorney General of U.S. )

Key Organizations, A-Z

Alcohol, Tobacco, Firearms, and Explosives Community Oriented Policing Services (COPS) Drug Enforcement Administration (DEA) Executive Office for Immigration Review Executive Office for U.S. Attorneys Federal Bureau of Investigation (FBI) Federal Bureau of Prisons

Foreign Claims Settlement Commission National Drug Intelligence Center

Office of Justice Programs (Juvenile Justice, Victims of Crime, Vio lence Against Women and more)

Office of the Pardon Attorney U.S. Marshals Service

U.S. National Central Bureau of Interpol U.S. Parole Commission

The Cabinet

• Heads of these departments are called “secretaries”

– Sec. of Agriculture, Sec. of State, Sec. of Defense, etc.

• Dept. of Homeland Security – Newest executive department now includes

– Citizenship and Immigration S ervices (USCIS)

– Customs and Border Protectio n (CBP)

– FEMA, Federal Emergency Ma nagement Agency

– Immigration and Customs Enf orcement (ICE)

– Transportation Security Admi nistration (TSA)

– U.S. Coast Guard

– U.S. Secret Service

– Office of Inspector General

Short List of Federal Executive Agencies

• Executive Office of the President

• President Barack Obama

• First Lady Michelle Obama

• Vice President Joe Biden

• Dr. Jill Biden

• The White House Home Page

• The President's Cabinet

• Executive Departments

• Department of Agriculture (US DA)

• Department of Commerce (DOC)

• Department of Defense (DOD)

• Department of Education (ED)

• Department of Energy (DOE) • Department of Health and

Human Services (HHS) • Department of Homeland

Security (DHS)

• Department of Housing and Urban Development (HUD) • Department of Justice (DOJ) • Department of Labor (DOL) • Department of State (DOS) • Department of the Interior

(DOI)

• Department of the Treasury • Department of Transportation

(DOT)

• Department of Veterans Affairs (VA)

• Independent Agencies and Government Corporations

• Independent Agencies and Government Corporations • Boards, Commissions and

Committees

• Boards, Commissions, and Committees

• Federal Advisory Committees • Quasi-Official Agencies

The Vice President and First Lady

• V.P.’s usually have very little

authority, but some presidents allow their V.P. to advise them in certain areas

– Al Gore advised Pres. Clinton on environmental issues

– Dick Cheney advices Pres. Bush on foreign policy

• First Lady – Often advocate for specific causes

– Michelle Obama plans to focus on fighting poverty and

Federal Bureaucracy

• The other 3

million people who

work for federal

government

• All together, they

are called the

federal

Job of the Federal Bureaucracy

• To make sure the laws passed by

Congress are carried out

• Deliver mail, collect taxes, send out

social security checks, patrol borders,

run national parks, etc.

Independent Agencies of the

Executive Branch

• Government Corporations – Private

businesses, but they are owned by the

government, like the U.S. Postal Service

• Not part of the cabinet

Regulatory Boards and Commissions

• Supposed to protect the public

• They make and enforce rules for certain

industries and groups

Government Workers

• Political appointees

– pres. gives them

their jobs

• They usually lose

their jobs when a

new pres. is

Civil Service Workers

• Workers are hired

based on merit

• Must pass

competitive exams

that are open to

Legislative Branch

• Article I of the Constitution

• Makes laws

• Bicameral (2 houses)

– House of Representatives

• Membership based on a state’s population

• 435 total members

– Senate

Qualifications

• House of Representatives – At least 25 years old

– Live in the state you represent

• Some states say you must live in that district too

• Most states you must live there a year before the election – Been a US citizen for at least 7 years

• Senate

– At least 30 years old

– Live in the state you represent

• Most states you must live there a year before the election (Former Sen. Elizabeth Dole)

Privileges for HoR and Senate

• Salary- $165,200 a year • Free office space/parking • Free trips to home state

• Franking Privilege- can send job related mail without paying for stamps

• Low cost health insurance

• Use of special facilities: gyms, restaurants, medical clinics, etc.

Congressional Leadership

• Majority Party- more than ½ members of HofR/Senate belong to the political party

• Minority Party- less than ½ the members of HofR/Senate belong to the political party

• Floor Leaders

– Majority Floor Leader- chosen as leader by the majority political party

– Minority Floor Leader- chosen as leader by the minority political party

• Whips

– Majority Whip- helps pass legislation for Majority Floor Leader

House of Representatives

Leadership

• Speaker of the House- leader of the HoR,

chosen by members of the majority party

•

Has a GREAT amount of power!

•

Steers legislation through the HoR

•

Leads floor debates

•

Next in line if Pres and VP die

• Nancy Pelosi

Senate Leadership

• Vice President of the US is President of the

Senate

– Technical leader, but doesn’t do much

– Only votes in case of a tie

• President Pro Tempore- leader of the

Senate, chosen by members of the majority

party

Committees

• Congress must consider thousands of bills during a yearlong session

• To make it possible for so many bills to pass, Congress has committees

• Standing Committees- permanent committees always in Congress

– Ex: Agriculture, Budget, Transportation

• Special Committees- formed for a limited amount of time to deal with special issues

– Ex: Security, Terrorism, Gulf Oil Spill

• Joint Committees- formed with members from both HoR and Senate

Congress At Work

• Representing Constituents

– Acting on their interest and concerns in Washington – Bring federal government projects and money to

their district

– Pork Barrel Projects- government projects/grants that primarily benefit their home district

• Lawmaking

– Passing legislation/laws • Casework

Membership

• 435 members

• Membership based on a state’s population

• Each state is guaranteed at least 1 member • Serve 2 year terms before up for reelection

• Membership adjusted for states every 10 years

Districts

• Members represent people from their district in their home state

• Constituents- people represented • NC has 13 districts

• NC had 12 districts– but gained a new district with the 2000 census

• Had to make a new district so they made the 13th

district with Greensboro, Northern NC, and

Gerrymander

• Gerrymander-

nickname given to an oddly shaped district

• Gerrymander is not suppose to happen, and there are laws to prevent it

5

District

• Virginia Foxx (Republican) • Northwestern

NC, and areas around

Winston-Salem such as

Kernersville and Clemmons

NC Districts

• Show map of NC House of

Representatives District

• http://en.wikipedia.org/wiki/

Senate Membership

• 100 members

• 2 from each state

• Serve for 6 year terms before up for

reelection

• Senator elections are staggered

• 1/3 of all Senators are up for reelection

every 2 years

NC Senators

Richard Burr (Republican)

Elected in 2004

From Winston Salem

Formerly a member of the House of Representatives

Kay Hagan (Democrat) Elected in 2008

From Greensboro

Formerly a state legislator

Both are all NC

resident’s

LEGISLATIVE POWERS

• Taxing and Spending/

Appropriations bills

– Tax bills start in the House of

Representatives

LEGISLATIVE POWERS

LEGISLATIVE POWERS

•Declaring War

–Congress declares war

LEGISLATIVE POWERS

•Creating and

LEGISLATIVE POWERS

•Approving treaties

NON-LEGISLATIVE POWERS

• Proposing Amendments

–

Congressional action

•Proposal = 2/3 Congress

•Ratification = 3/4 state

NON-LEGISLATIVE POWERS

NON-LEGISLATIVE POWERS

NON-LEGISLATIVE POWERS

•Approving/rejecting

Presidential nominees

NON-LEGISLATIVE POWERS

•Impeaching

–House of Reps. = begins

proceedings

NON-LEGISLATIVE POWERS

•Overseeing government

activities

POWERS DENIED TO

CONGRESS

POWERS DENIED TO

CONGRESS

• Cannot suspend the

writ of

habeas corpus

–Police have to bring prisoner

to court and explain why

POWERS DENIED TO

CONGRESS

• Prohibited from passing

bills of attainder

POWERS DENIED TO

CONGRESS

• No

ex post facto laws

POWERS DENIED TO

CONGRESS

• Checks and balances

– Supreme Court determines

constitutionality of laws

– President can veto bills

Legislative Process:

How a Bill

Introduction

• Ideas for bills come from citizens,

President, members of Congress, or

special-interest groups

• Bills may only be

introduced/sponsored by a member

of Congress.

– Appropriations bills must start in the House.

Committee Action

• Bill is sent to the appropriate

standing committee.

– May also be sent to subcommittee

• Committees research, revise, and

debate bills

• Choices:

– Reject it immediately – Pigeonhole it

Floor Debate

• Bill debated in the house that introduced it.

• Very strict rules for debate in the House

of Representatives.

• Fewer rules for debate

in the Senate.

– Filibuster – Cloture

Conference Committee

• Joint committee made up of

members from both houses.

• Job: Create a compromised

version of revised bills.

Presidential Action

• Approval:

– Sign bill into law

– Bill becomes law without signature

• Keeps bill for 10 days, Congress IN session

• Rejection:

– Veto

– Pocket veto

Marbury v. Madison (1803)

• 1800 election, Jefferson won presidency and Adams was leaving office

– Just before leaving office, Adams created new jobs and began appointing his fellow Federalists to those offices

– William Marbury was one of those people. He was appointed as Justice of the Peace of D.C.

– Adams’ secretary of state, John Marshall, was supposed to deliver the papers so Marbury would get

the job. But Marshall never delivered them

– Jefferson told his secretary of state not to deliver the papers. This meant that Marbury would not have the job after all.

– Marbury appealed to the U.S. Supreme Court, asking it to issue a writ of mandamus (an order from a court that some action be performed). Such writs had been authorized by the Judiciary Act of

1789.

• Contitutional Issues of the Case:

– 1. Did Marbury have the right to the commission (job)? – 2. Is so, was he entitled to some remedy under U.S. law?

– 3. Was the remedy to be a writ of mandamus from the Supreme Court?

• Decision:

– 1. Yes, Marbury got the job once the appointment was signed by the president and the U.S. seal was put onto the envelope.

– 2. Yes, Marbury was entitled to a legal remedy.

– 3. The remedy could not be a writ of mandamus thought, because such an order (given to the Supreme Court by the Congress) was unconstitutional.

• The constitution gives the Supr. Ct. original jurisdiction in only very limited circumstances. Issuing a writ of mandamus would be an instance of the Supr. Ct. having original jurisdiction in a new type of case. The

Constitution does not give Congress the power to add new instances of original jurisdiction for the judicial branch, therefore the Judiciary Act of 1789

Marbury v. Madison Cont

’

d.

– Supreme Court has

authority to review/rule on actions of other 2

govt. branches

Miranda v. Arizona

(1966)

• Police must inform suspects of legal rights

• Strengthened 5th Amdt. right

against self-incrimination

• LT Effect: Anyone being arrested must be read the

“Miranda Warning”

– You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?

Miranda was retried and convicted based on other evidence (besides his confession). He served six years, moved back to his old neighborhood, and sold autograph signatures for police

officers’ Miranda Cards. He died later

Tinker v. Des Moines (1969)

• Strengthened 1st Amdt. rights of students

– High school students wearing armbands to protest Vietnam War

Texas v. Johnson (1989)

• Flag-burning

falls under

protection

of 1

Amdt.

Engel v. Vitale (1962)

• Banned prayer in

nation

’

s public

schools

– 1st Amdt. prohibits govt. from

establishing a religion

Regents of the Univ. of Calif. v. Bakke (1978)

• Supr. Court upheld affirmative action

– Based on 14th Amdt.

equal protection clause

Furman v. Georgia (1972)

Furman v. Georgia (1972)

• Strengthened the 8_{Strengthened the 8}thth Amdt. (no cruel and Amdt. (no cruel and

unusual punishment)

unusual punishment)

– States were applying d.p. inconsistently based on States were applying d.p. inconsistently based on race

race

– LT Effects:LT Effects:

• Required states to write guidelines for when d.p. should Required states to write guidelines for when d.p. should apply

apply

Greg v. Georgia (1974)

• Supr. Ct. d.p. was being

applied constitutionally

– Georgia had rewritten d.p.

laws to be applied

consistently

Gideon v. Wainwright (1963)

Gideon v. Wainwright (1963)

•

6

₆

Amendment

Amendment

All accused persons are entitled to a

All accused persons are entitled to a

lawyer

lawyer

– States must provide lawyers if conviction States must provide lawyers if conviction may result in prison time

Mapp v. Ohio (1961)

Mapp v. Ohio (1961)

•

Evidence that is obtained illegally

_{Evidence that is obtained illegally}

cannot be used in court

cannot be used in court

•

Strengthened 4

Strengthened 4

Amdt. protection (no

Amdt. protection (no

unreasonable search & seizure

Hazelwood v. Kuhlmeier (1988)

Hazelwood v. Kuhlmeier (1988)

•

School officials can censor school

_{School officials can censor school}

newspapers, etc.

newspapers, etc.

•

Weakened 1

Weakened 1

Amdt. rights of students

Amdt. rights of students

Bethel School District v. Fraser

Bethel School District v. Fraser

(1986)

(1986)

• Fraser punished for giving sexually explicit _{Fraser punished for giving sexually explicit}

speech at school

speech at school

School officials can censor student speech

School officials can censor student speech

Weakened students

State of N.C. v. Mann (1829)

State of N.C. v. Mann (1829)

• NC Supreme Court decided slaves were NC Supreme Court decided slaves were property of their owners

property of their owners

• Slave owners could not be convicted for Slave owners could not be convicted for assaulting slaves

assaulting slaves

• Court based decision on state const., not Court based decision on state const., not whether it was moral

Plessy v. Ferguson (1896)

Plessy v. Ferguson (1896)

•

Established principle of

_{Established principle of}

“

“

separate but

separate but

equal

equal

”

”

High school for white kids in Prince Edward County, VA (1963)

• 117 African-American high school students chose to strike rather than attend all black Morton High, which was in need of physical repair. The students initially wanted a new building with indoor plumbing to replace the old school. Strike leader, Barbara Johns, enlisted the assistance of NAACP attorneys. A suit was filed in 1951 on behalf of the students. The U.S. District Court ordered equal facilities be provided for the

black students but "denied the plaintiffs admission to the white schools during the equalization program." Attorneys for the NAACP filed an

Brown v. Board of Education of

Brown v. Board of Education of

Topeka, Kansas (1954)

Topeka, Kansas (1954)

•

Overturned Plessy v. Ferguson

_{Overturned Plessy v. Ferguson}

•

Supreme Court ordered desegregation

Supreme Court ordered desegregation

of public schools

Leandro Case (1997)

Leandro Case (1997)

• N.C. Supr. Ct. case_{N.C. Supr. Ct. case}

• All N.C. children have a right to All N.C. children have a right to ““equal equal

opportunit to receive a sound, basic educatio

opportunit to receive a sound, basic educatio

n

n””

• Suit was filed by poorer, mostly African _{Suit was filed by poorer, mostly African}

American counties

American counties

Judge Manning continues to

Swann v. Charlotte-Mecklenberg

Swann v. Charlotte-Mecklenberg

(1971)

(1971)

• U.S. Supr. Ct. _{U.S. Supr. Ct.}

• Extended Brown v. Board of Education Extended Brown v. Board of Education decision

decision

• NC was forced to dismantle NC was forced to dismantle ““de jurede jure”” (by law) (by law) segregation in school

segregation in school

• Upheld forced busing of minority students to Upheld forced busing of minority students to ensure schools were integrated

Korematsu v. U.S.

(1944)

• Japanese-Americans held in interment camps during

WWII

• Ct. said need to protect U.S. from spies outweighed rights of Japanese-Amer’s.

• Citizens’ rights may be taken

away in times of nat’l. crisis

• Mr. Korematsu’s conviction

was overturned in 1983

Heart of Atlanta Motel v. U.S. (1964)

• Heart of Atlanta Motel in Atlanta refused to accept Black Americans in violation of Civil Rights Act of 1964

– Did Congress, in passing Title II of the 1964 Civil Rights Act, exceed its Commerce Clause powers by

depriving motels, such as the Heart of Atlanta, of the right to choose their own customers?

• Decision

– Supr. Ct. said Commerce Clause of Art. I of Const. allows Congress to pass such laws

McCulloch v Maryland

(1819)

• Issue: Did the state of Md. have the right to tax a fed. institution (the U.S. Bank) located in its

state?

• Verdict

– The states could not tax the fed. govt.

– Upheld the idea of implied powers of the Constitution

– State actions may not impede

Congress from anything that’s

“necessary and proper” to carrying out

duties listed in the Constitution (like managing federal funds). 

Chief Justice John Marshall wrote the majority opinion in this

Gibbons v Ogden

(1824)

• Issue

– Gibbons had a license to run a ferry service from U.S. govt. Ogden got an injunction from state of N.Y. to make Gibbon stop.

– Does federal control over interstate commerce? Can a state law interfere with this power of Congress?

• Verdict

– Injunction against Gibbons was unconstitutional

• Impact

N.J. v. TLO (1985)

• Facts:

– T.L.O. was accused of smoking in the girls' bathroom of her high school. A principal at the school questioned her and searched her purse, yielding a bag of marijuana and other drug paraphernalia.

• Question

– Did the principal’s search of

student’s belongings at

school violate the 4th & 14th

Amdts?

• Decision:

– Probable cause is not

needed in school searches. Principal must only have

“reasonable suspicion” and

doesn’t need a search

Schenk v. U.S. (1919)

•Schenk was arrested

for protesting military

draft during WWI

•Decision:

•Speech that

presents

“

clear and

present danger

”

to

society is not

protected by the 1

Amdt.

Escobedo v. Illinois (1964)

• Facts:

– Escobedo arrested for murder

– Asked for attorney, but was denied

– Confessed to crime & was convicted

• Decision:

– Conviction overturned.

Chief Justice Earl Warren

• During his time as C.J., Supr. Ct. was called

“activist court” b/c of

expansion of rights of accused

• Served from 1953 - 1969

– Mapp v. Ohio

– Esobedo v. Illinois – Miranda v. Arizona – Gideon v. Wainwright

– All cases during Warren’s

Gitlow v. New York (1925)

• Gitlow, a socialist, was

arrested with violating N.Y. law against advocating overthrow of the govt.

– Published a Socialist pamphlet

• Decision:

– Supr. Ct. overturned the conviction

– States cannot violate 1st Amdt.

DeJonge v. Oregon (1937)

• Facts:

– DeJonge arrested for organizing Communist Party & speaking against U.S. govt. at their

meetings

• Decision:

– Supr. Ct. said 14th Amdt.

due process clause applied to 1st Amdt. right to

Brandenberg v. Ohio (1969)

• Facts:

– Brandenberg was in KKK & made a speech promising

“vengeance” against blacks &

Jews

– Arrested for violating Ohio law against advocating

violence

• Decision:

Roe v. Wade (1973)

• Issue: Can states make laws banning abortion

• Decision: Right to abortion is

protected by

constitutional right to privacy (9th