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Supreme Court Cases: Trends
McCulloch v. Maryland (1819)
The State of Maryland enacted a statute obliging all banks not chartered by the state but operating therein to pay additional taxes to the state government. McCulloch, an employee at the Baltimore branch of the Bank of the United States failed to comply with this regulation and the state sued him for violation. McCulloch moved to challenge the constitutionality of the statute. The appellate court held that as an institution incorporated by Congress, the Bank of the U.S. has a right to put up its branches anywhere in the country, and state governments have no power, whatsoever, to control the constitutional operations of such institutions (McGraw Hill Inc., n.d.).
Gibbons v. Ogden (1824)
A New York statute granted Aaron Ogden, a steamboat owner conducting business within the state waters, the exclusive right over the same, which meant that out-of-state steamboat operators had to pay in order to conduct business on New York state waters. Thomas Gibbons, another businessman operating between New York and New Jersey, challenged the constitutionality of this exclusivity on grounds that it created monopoly power and impeded on interstate trade. The court held that the law was in violation of the congressional...
Only Congress had the power to regulate the operations of steamboat operators conducting business across states (University of Florida, n.d; McGraw Hill, n.d).
Dred Scott v. Sandford
Dred Scott, a pure-blooded Negro descended from slaves, resided in the free state of Illinois between and in an area of Louisiana that forbade slavery in line with the Missouri Compromise. He later moved to Missouri, where he was taken in as a slave in line with the provisions of Article III. He sued for his freedom, and the court rejected the same, arguing that Article III recognized U.S. citizens as the only citizens of a state; and that the Missouri Compromise was unconstitutional because it challenged the provisions of Article III.
Gitlow v. New York (1925)
Gitlow, an activist, was arrested and convicted under a New York state law for distributing copies of some manifesto that advocated for the use of class action and strikes in the settlement of industrial disputes. The state charged him for attempting to overthrow the government by force; and he brought suit challenging the constitutionality of the law. The court ruled in favor of the state, arguing that the First Amendment granted states the power to forbid…
The suit challenged the constitutionality of state laws that allowed the advancement of financial aid to church-associated learning institutions on grounds that such aid was in violation of the First Amendment. The court held that such laws were indeed unconstitutional because they fostered religious inculcation, which would ultimately get the state entangled with religious affairs.
Schenk v. United States (1919)
Schenk, a socialist,
5 May, 2005. Retrieved at http://news.public.findlaw.com/ap/o/51/05-06-2005/ca790022a837290c.html. Accessed on 11 May, 2005 Civil liberties groups unite against a surveillance society. 21 April, 2005. Retrieved at http://www.out-law.com/php/page.php?page_id=civillibertiesgrou1114086814&area=newsAccessed on 11 May, 2005 First Amendment History. 5 January, 2005. Retrieved at http://www.illinoisfirstamendmentcenter.com/Main.asp?SectionID=16&SubSectionID=30&ArticleID=49Accessed on 11 May, 2005 In ACLU Case, Federal Court Strikes Down Patriot Act Surveillance Power as Unconstitutional. September 29, 2004. Retrieved at http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=16603&c=282Accessed on 11 May, 2005 Ramasastry, Anita. Reform the Patriot Act to ensure
Supreme Court and Public Opinion The Supreme Court of the United States was established in 1789 as part of the basic three sections of the American governmental system: Executive (President and Staff), Legislative (Congress), and Judicial (Supreme Court System). Each U.S. State also has a supreme court, which is the highest law for interpreting cases that move into that jurisdiction. Essentially, the Supreme Court has the ultimate jurisdiction over all federal
U.S. Supreme Court: Kelo v. New London (2005) Supreme Court case Kelo v. City of New London involved the issue of eminent domain which is granted to governmental bodies including federal, state and local governmental bodies by the Fifth Amendment to the U.S. Constitution which means that the government is authorized to take land that is privately owned if the land is to be used by the public and the owner
United States Supreme Court ruling on same sex marriage. The paper also examines how that decision impacted management policy decisions in terms of public safety administration. An examination of the ruling's overall impact on public policy is also given. Reactions on the ruling are given in the end. Background knowledge on same sex marriage For the majority of Americans, the matter of same sex marriage may have first come to their
For example, he voted to require that schools utilize resources to support religions activities if they designate resources to non-religious activities (Board of Education. v. Mergens, 1990). Further, Zelman v. Simmons-Harris (2002) called for vouchers to be given to families of low socioeconomic standing for both religious and secular educational institutions. This being said, Rehnquist was not able to completely disrupt the social change that Warren had started in
Tribe refers to what Ronald Dworkin says later in the book. Dworkin holds that everyone is an originalist now but that they are not seeking what the lawmakers expected but what they meant to say in their law, suggesting perhaps that they may not be writing laws as clearly as could be or that the vagaries of language often make it difficult to do so without some form of