USHG Review Session # 5

Amendments and

Supreme Court Cases

Important Amendments

Amendments are additions to the Constitution that make formal changes to the document

Amendments 1-10

Amendments 1-10 are called the Bill of Rights.

They were added to the Constitution as a compromise so that Antifederalists would agree to ratify the Constitution.

The Bill of Rights were created to ensure the protection of individual rights.

Amendment # 1

1st Amendment – Freedom of speech, press, religion. Eventually would include freedom of expression.

1st Amendment rights have often been limited or controversial during times of national crisis, especially war.

Examples: Alien & Sedition Acts, Schenk v US, Tinker v Des Moines, NY Times v US.

Amendments 13, 14, 15

The Civil War or Reconstruction Amendments 13th (1865)– abolished slavery in the US 14th (1868)– guarantees citizenship rights to all

native-born or naturalized people and forbids denying these rights without “due process of law”

15th (1870) – guarantees voting rights to citizens regardless of race, color, or previous condition of servitude.

Amendments 13,14,15

the civil war amendments were not effective in the south due to white Southerners efforts.

Examples: jim crow laws (segregation), literacy tests, grandfather clauses, and poll taxes

Amendments 16-19 The Progressive Amendments – ratified during the

progressive era in order to make significant changes in American society.

16th – Income Tax: created to give the federal government a source of revenue

17th – Direct Election of Senators: created to give people a greater voice in government and prevent voter fraud

18th – Prohibition: a goal of the temperance movement, outlawed the production, distribution, and consumption of alcohol – alcohol seen as a major social problem.

19th – Women’s Suffrage- gave women the right to vote, giving them a greater voice and potentially increasing their economic and social rights.

21st Amendment

Ratified in 1933 during the Great Depression, it repealed, or reversed the 18th amendment (prohibition)

Opponents of the 18th amendment claimed that it was too hard to enforce, created additional crime, and hurt the economy.

22nd Amendment

Ratified in 1951, after the death of Franklin D Roosevelt.

It limited a president to two elected terms, and a maximum of 10 years served.

26th Amendment

Ratified in 1971, during the Vietnam War.

Lowered the legal voting age from 21 to 18.

Since many 18-20 year-olds were being drafted into war, they argued they should have the right to vote for their government leaders.

Supreme Court Cases

Marbury v Madison (1803)

Since the case Marbury v Madison, the Supreme Court has had the power of judicial review

Judicial review – the power to declare laws and government actions unconstitutional.

All Supreme Court cases deal with constitutional issues

McCulloch v Maryland (1819)

What it’s about: Court ruled that the

national bank was constitutional, saying the elastic clause gave the government power to create a national bank

Why it’s important: Showed the strength

and power of the federal government

Supremacy clause – national government has power over the state.

Worcester v Georgia (1832)

What it’s about: Court ruled that

treaties between the U.S. government and Indian Nations are the law of the land – Georgia could not force the Cherokee off their land

Why it’s important: President Jackson

defied the court’s ruling, ordering the Cherokee removal – breaking the principle of checks and balances.

Scott v Sandford (1857)

What it’s about: Court ruled that

slaves were property and their owners could take them anywhere.

African-Americans are not citizens, have no protection under the law

Why it’s important: Declared the

Missouri Compromise unconstitutional because it outlawed slavery in northern areas.

Fired up Northern Abolitionists.

Wabash, St. Louis, and Pacific RR v Illinois (1886)

What it’s about: Court ruled that

states could not set railroad rates if the traffic went between states

Why it’s important: Paved the way for

the creation of the Interstate Commerce Commission

Government regulation of big business

Related case: US v EC Knight Co.

Plessy v Ferguson (1896)

What it’s about: Court ruled that

separate facilities for different races was legal as long as the facilities were equal to one another.

Why it’s important: Declared

segregation constitutional

Overturned in Brown v BOE (1954)

Standard Oil v US (1911)

What it’s about: The Court ruled that

Standard Oil was a monopoly and should be dissolved

Related case: Northern Securities Co vs US

Why it’s important: Court used the Sherman

Anti-trust Act to call for the elimination of the monopoly.

Court said there was a difference between “reasonable” and “unreasonable” monopolies – not always defined by size

Schenk v US (1919)

What it’s about: Court ruled that

Schenk was breaking the law (Sedition Act) when he distributed anti-war pamphlets and encouraged men to dodge the draft

Why it’s important: Showed there are limits

on free speech (1st amendment rights are NOT absolute)

Set “clear and present danger” standard for restricting rights

Example of limited rights during war.

Schechter Poultry v US (1935)

What it’s about: Court ruled that

Congress could not delegate legislative powers to the President (they shouldn’t be passing New Deal laws that gave him so much power)

Why it’s important: Court ruled New

Deal’s NRA unconstitutional

Defined interstate commerce

Limited President’s powers

Led to FDR’s court – packing scheme

Korematsu v US

What it’s about: Ruled that forcible

relocation of Japanese-Americans to camps during WWII was legal

Why it’s important: Court fails to protect

minority group Federal government

willing to limit the rights of the few for national security

Brown v Board of Education of Topeka, Kansas

What it’s about: Court ruled that

separate educational facilities based on race were inherently unequal

Why it’s important: Overturns Plessy v

Ferguson and begins the process of desegregating Southern schools.

Major achievement during the civil rights movement

Rights of the accused cases

Mapp v Ohio (1961) – citizens are protected against unlawful search and seizure by the government

Gideon v Wainright (1963) – ruled that denying a lawyer to someone who can’t afford one is a violation of constitutional rights

Miranda v Arizona (1966) – ruled that police must inform people of their rights when arrested

1st Amendment Issues

Engel v Vitale (1962) – court ruled that prayer in public schools violates the establishment clause of the first Amendment (separation of church and state)

Tinker v Des Moines (1969) – court ruled that certain kinds of nonverbal communication can be protected under the first amendment (freedom of expression)

NY Times Co. v US (1971) – court ruled that the government could not censor unfavorable media reports even during war (not protected under national security) (freedom of the press)

Roe v Wade (1973)

What it’s about: Court ruled that state

laws that criminalize abortion are unconstitutional

Why it’s important: Protected

individuals’ implied right to privacy

Expanded rights for women

Gained momentum for the new women’s movement of the 70s

U.S. vs Nixon (1974)

What it’s about: Court ruled that

President Nixon’s claim of executive privilege did not apply and ordered he turn over tapes that exposed the Watergate cover-up

Why it’s important: Limited Presidential

power and right to confidentiality

Americans lose trust in leaders

Great example of checks and balances

Bush vs Gore (2000)

What it’s about: Court ruled in favor

of Bush by ordering a stop to the recount of Florida ballots in the 2000 Presidential election

Why it’s important: First time the

Supreme Court decided an election

2nd time a candidate wins the popular vote and loses an election

Exposed issues in federalism – voting differences among states