Jason Lee 24 AMAZING COURT C ASES
24 A mazing C ourt C ases 1 TABLE OF C ONTENTS Powell vs. A labama (1932) ............................................................................................ 2 Smith v s. A llwright ( 1944) . ........................................................................................... 3 Korematsu v s. United S tates ( 1944) .......................................................................... 4 Brown vs. B oard o f E ducation ( 1954) . ........................................................................ 5 NAACP vs. Alabama ( 1958) . ......................................................................................... 6 Mapp vs. O hio ( 1961) ....................................................................................................... 7 Gideon vs. W ainwright (1963) . .................................................................................... 8 Griswold vs. Connecticut ( 1965) .................................................................................. 9 Miranda vs. Arizona ( 1966) ......................................................................................... 1 0 Jones v s. M ayer ( 1968) . ................................................................................................. 1 1 Reed vs. Reed ( 1971) ...................................................................................................... 12 Argersinger v s. Hamlin (1972) . .................................................................................. 1 3 Roe v s. W ade ( 1973) ...................................................................................................... 14 Gregg v s. Georgia ( 1976) . ............................................................................................. 1 5 Craig vs. B oren (1976) . .................................................................................................. 16 Plyler v s. D oe ( 1982) ...................................................................................................... 1 7 Bowers v s. H ardwick (1986) . ...................................................................................... 18 Thornburg v s. G ingles (1986) . .................................................................................... 19 Shaw vs. Reno ( 1993) ................................................................................................... 20 Miller vs. J ohnson (1995) .............................................................................................. 21 Dickerson vs. U S (2000) ............................................................................................. 2 2 Lawrence v s. T exas ( 2003) . ........................................................................................ 2 3 DC v s. H eller ( 2008) ..................................................................................................... 2 4 McDonald vs. Chicago (2010) . ................................................................................... 25
24 Amazing Court Cases 2 Powell vs. A labama WHAT: F ourteenth Amendment WHEN: N ovember 7, 1 932 WHO: O zie P owell, S tate of Alabama VOTE: 7 - 2 in f avor o f Powell QUESTION: Were t he n ine b lack youths prosecuted through violation of t he Fourteenth Amendment’s Due Process Clause? Nine black y ouths w ere accused o f r ape, and Alabama c ourt r ushed through trials as a ll o f them were s entenced to d eath. T hese t rials w ere r un without care and m any aspects of i t w ere not run properly. T he nine b lack y ouths w ere n ot g iven reasonable counsel for their d efense, which made it unfair. The C ourt d ecided t hat these t rials w ere not legal because the d efendants w eren’t given enough t ime and opportunity t o p repare. This c ourt c ase h ad an e ffective i mpact o n f uture court cases. I t w as one o f t he f irst cases t hat employed p rinciples from the Constitution into criminal justice. I n all future cases, defendants were g iven p roper c ounsel a nd time in order t o b e prepared f or t rial. I f I were on t he j ury for t his case, I would vote i n favor of the Court b ecause even though t he y ouths were n ot given e nough time to prepare t hemselves, they s till did these actions which w ere against t he law a nd g iving them proper t ime a nd counsel w ould not change t he past.
24 A mazing C ourt Cases 3 Smith v s. Allwright WHAT: Fifteenth Amendment WHEN: April 3 , 1 944 WHO: L onnie Smith, S. S . A llwright VOTE: 8 - 1 i n f avor o f S mith QUESTION: D id preventing black c itizens f rom voting in primary e lections violate the F ifteenth Amendment? The D emocratic P arty of Texas decided t hat o nly white citizens w ere allowed to p articipate in primary e lections. A llwright, a c ounty election official, t old S mith he could n ot vote since h e was black. T he C ourt decided that t his w as unconstitutional and allowed black citizens to n ow v ote in primary e lections. T hey s aid t hat a state c annot a llow a n o rganization to practice racial discrimination, especially i n e lections. This case had a significant i mpact on the n ation. B ecause o f t his c ase, s tates could not prevent b lack c itizens from v oting i n p rimary elections, and as a r esult, less racial d iscrimination was present in t he c ountry. I f I were o n the jury f or t his case, I would v ote in f avor o f Smith because race should n ot be a f actor i n determining i f you c an vote i n a p rimary election o r n ot, because everybody i s c apable of c asting a r easonable v ote i n an e lection.
24 A mazing Court C ases 4 Korematsu v s. U nited States WHAT: Civilian Exclusion Order No. 3 4 WHEN: D ecember 18, 1 944 WHO: F red Korematsu, U nited S tates VOTE: 6 - 3 i n f avor of U nited S tates QUESTION: W ere t he restrictions o n t he rights of A mericans of J apanese descent unconstitutional? In World W ar I I, t he m ilitary had t he p ower t o p rohibit c itizens o f Japanese a ncestry from places t hat a re n ecessary for n ational defense. Korematsu lived in S an Leandro, California w hich was a v ital place for t he U S N ational Defense, and r efused t o m ove e lsewhere. T he S upreme Court ruled t hat t he governmental n eed to p rotect t he country w as g reater t han Korematsu’s rights. A justice s aid t hat exclusion i s j ustified in emergency s ituations and p eril. This c ourt h ad an i mpact o n t he c ountry because it s howed the i mportance of t he n ational defense. I t was s o i mportant t hat i t overruled people’s r ights. I f I w ere on the jury f or this court case, I would vote i n f avor o f the U nited States because the n ational d efense is o ne of t he most important a spects o f a c ountry. We n eed to m ake s ure that we k eep e very citizen a s s afe as possible, a nd if w e had let somebody who could b e p otentially d angerous to the c ountry live i n a n area important to our d efense, i t c ould possibly have e nded d ownhill.
24 A mazing Court Cases 5 Brown v s. B oard of Education WHAT: Fourteenth Amendment WHEN: M ay 17, 1 954 WHO: O liver B rown, Board o f E ducation o f T opeka VOTE: 9 - 0 in f avor of B rown QUESTION: D oes r acial segregation of s chools v iolate the E qual Protection Clause o f the F ourteenth A mendment? This court c ase is the e pitome o f f our separate c ases i n different states regarding segregation o f public s chools. In all o f t he cases, A frican American minors were denied f rom attending c ertain schools b ecause law allowed education to b e s egregated. They argued t hat t his segregation v iolates t he Equal Protection Clause o f t he F ourteenth Amendment. The m inors w ere denied b ecause of the p recedent from P lessy vs. Ferguson, a l andmark case t hat happened i n the past that s aid that facilities w ere “ separate b ut equal”. H owever, i n D elaware, the decision w as that t hese m inors had t o b e a dmitted to w hite public s chools because they k new that the f acilities were n ot truly equal. I n Supreme Court, t he unanimous decision w as t hat t he f acilities w ere clearly unequal and do v iolate t he protection s et u nder the Fourteenth Amendment. T hey h eld t hat segregation o f education h ad a detrimental m indset o n the growing c hildren i n l ower quality schools. This c ase w as a landmark c ase that affected the f uture in so m any d ifferent ways. P eople had different perspectives o n s egregation than t hey did before because now they h ave p roof t hat facilities are not truly e qual. T his set the precedent f or future ideas regarding s egregation and race, and gradually improved t he q uality o f life o f minors throughout the 2 0th century. I f I w ere o n t he jury f or t his case, I w ould v ote i n favor of B rown because t he f acilities w ere n ot equal, a nd I f eel t hat everybody d eserves t o b e i n an e qual opportunity for s uccess.
24 A mazing Court C ases 6 NAACP vs. Alabama WHAT: F irst A mendment, F ourteenth A mendment WHEN: June 30, 1 958 WHO: NAACP ( National a ssociation for t he A dvancement of Colored People), S tate of A labama VOTE: 9 - 0 i n favor o f NAACP QUESTION: I s Alabama’s d emand for the N AACP’s member information unconstitutional under the F ourteenth Amendment? The state o f Alabama attempted to p revent the National A ssociation f or the A dvancement of Colored P eople (NAACP) from o perating. In o rder t o a ccomplish this, A labama r equired the NAACP t o reveal the names and addresses of e very m ember who i s a p art of the N AACP t o the state’s A ttorney G eneral. T he N AACP a rgued t hat it violated t heir freedom speech and assembly written in the F irst A mendment a nd t he due p rocess clause written i n t he Fourteenth A mendment, and refused t o reveal t his i nformation. T he Alabama Court judged t hat this w as constitutional, but the Supreme Court t hen overturned this and decided in a u nanimous vote that t he revealing of this information violates t he N AACP’s Fourteenth Amendment rights. T he S upreme Court e xplained that a d isclosure of t he N AACP’s membership lists w ould i nfringe on the l egal association w ithin its m embers. This c ourt case did not i mpact the p olicymaking process d ramatically. A lthough t he v erdict applied constitutional concepts, it did n ot establish a ny new laws or p rinciples t hat would be used in f uture court c ases. I f I were a m ember o f the j ury d uring this c ourt case, I would v ote i n f avor of the NAACP because r evealing t he names and addresses of every m ember o f t he association is a violation of t heir privacy that is g ranted t o t hem by t he Constitution.
24 A mazing C ourt Cases 7 Mapp vs. Ohio WHAT: F irst Amendment, F ourth A mendment WHEN: June 1 9, 1 961 WHO: D ollree Mapp, S tate of O hio VOTE: 6 - 3 i n favor of M app QUESTION: W ere the materials t he p olice officers found in Mapp’s h ouse able to be used in c ourt? Police o fficers in C leveland, Ohio forced t heir way i nto M app’s h ouse, but w ithout a s earch warrant. They found obscene materials in h er h ome, a nd M app argued t hat t hey w ere h er f reedom of expression a nd a lso t hat t he F ourth A mendment protected her because of i llegal search and seizure. The C ourt i gnored t he a pplication of t he First A mendment and s aid t hat “ all evidence obtained b y s earches and seizures in violation o f the Constitution i s inadmissible in a s tate court.” Since Mapp was c onvicted o n e vidence that was o btained illegally, s he could n ot be prosecuted for this i ncident. This court case had a m ajor i mpact on t he policymaking process. It w as a v ery controversial decision that said f or all f uture cases that illegally o btained evidence m ust b e e xcluded f rom c ourt at all l evels. If I were a member of the jury d uring t his court c ase, I w ould vote i n favor of Ohio because a lthough i t w as o btained illegally, e vidence is evidence and y ou can’t b eat that. If you h ave the e vidence, t hey should b e p rosecuted for it regardless o f h ow i t was o btained.
24 Amazing Court Cases 8 Gideon v s. W ainwright WHAT: S ixth Amendment WHEN: March 18, 1963 WHO: C larence G ideon, L ouie W ainwright VOTE: 9 - 0 in favor of Gideon QUESTION: D oes t he S ixth Amendment e xtend t o f elonies i n state court? Gideon was accused o f a felony i n F lorida state b y breaking i nto a p oolroom to c ommit a misdemeanor. He r equested the c ourt t o a ppoint a l awyer for h im, but the state s aid t hat attorneys can only b e appointed in capital cases i nstead of m isdemeanors. He was found guilty i n t rial without a lawyer and f iled h abeas corpus s aying t hat the state violated h is c onstitutional right to be represented by counsel, w hich t he s tate denied. The S upreme Court voted in a unanimous decision that t he Constitution extends t o all l evels of court, w hich includes the Sixth Amendment saying all defendants must be represented b y counsel in c ourt. This court case h ad a m ajor impact o n the policymaking p rocess. It set a p rinciple f or all future c ourt cases that t he C onstitution a pplies t o e very l evel o f court. I f I w ere a member of t he jury during this court case, I w ould v ote in f avor o f G ideon b ecause although h e w as proved g uilty, the s tate s till b roke the Sixth Amendment o f t he C onstitution t o prove i t. They m ay n ot h ave known he was g uilty if t hey n ever b roke that A mendment.
24 A mazing C ourt Cases 9 Griswold v s. Connecticut WHAT: F irst A mendment, Ninth A mendment WHEN: J une 7 , 1965 WHO: E stelle G riswold, S tate of C onnecticut VOTE: 7 - 2 i n f avor o f G riswold QUESTION: Is m arital privacy protected b y the C onstitution? Griswold, t he E xecutive Director of t he Planned Parenthood League o f C onnecticut, gave instructions to married c ouples a bout birth c ontrol. However, Connecticut law p rohibits counselling t o married couples a bout b irth control. Griswold a rgued t hat people h ave a right to privacy u nder t he Constitution, which the state c annot d o anything a bout. T he Supreme C ourt voted i n favor of Griswold by c reating p rovisions under t he First a nd Ninth A mendments in the Constitution t hat w ould create a right t o p rivacy a bout m arital r elations. This case h ad a heavy impact on t he C onstitution and f uture court cases. By c reating t hese new l aws, f uture c ourt cases t hat deal w ith marital relations w ill b e b ased on this decision that privacy i s g ranted to these s ituations. If I were o n t he j ury f or this case, I would vote in f avor of Griswold because she i s only giving a dvice and counselling w hich i sn’t d etrimental t o the country. I also a gree w ith t he m arital privacy c reated t hrough this case b ecause married couples should be able to do w hat t hey want w ithout any i nterference unless i t g oes a gainst another law created b y government.
24 Amazing Court Cases 10 Miranda v s. A rizona WHAT: Fifth A mendment WHEN: June 13, 1966 WHO: Ernesto Miranda, S tate of Arizona VOTE: 5 - 4 in f avor of Miranda QUESTION: Is s elf-incrimination in police i nterrogation protected by t he Fifth Amendment? Miranda w as a rrested in h is h ouse a nd brought i nto a p olice s tation. He w as interrogated f or hours by officers eventually he wrote a written confession. The c onfession was counted a s valid evidence i n court despite t he f act that the p olice officers n ever t old M iranda h is r ight to r emain silent during interrogation. The jury voted Miranda as g uilty, b ut the Supreme Court o f Arizona appealed and d ecided h im innocent because h is constitutional rights w ere never read t o him. A dissenting o pinion said t hat the F ifth A mendment was too s trict a nd t hat the state should b e a ble to p rove that the s uspect was aware o f t heir rights. Another d issenting o pinion s aid that t he Fifth Amendment shouldn’t l ift a ll pressure from the suspect during i nterrogation. This c ourt case had a n insanely huge i mpact o n court c ases today. It was a v ery h istorical decision because it affects e very single f uture case, making s ure that every single t ime somebody i s arrested, their Miranda r ights are spoken to t hem. I f I w ere a member o f t he jury d uring this c ourt case, I w ould v ote in f avor of Miranda because t here i s the c hance t hat the s uspect d oesn’t know their M iranda r ights, s o i nforming them w ould k eep t he case fair for e verybody.
24 A mazing Court C ases 11 Jones v s. Mayer WHAT: 4 2 US Code Section 1 982 ( Property R ights o f Citizens) WHEN: J une 17, 1 968 WHO: J oseph J ones, A lfred H. Mayer Company VOTE: 7 - 2 in favor o f Jones QUESTION: D id J ones v iolate t he P roperty R ights o f Citizens a ct t hat guarantees equal r ights t o c itizens w hen d ealing w ith r eal estate? Jones c harged Alfred H. M ayer Company, a r eal estate company, b ecause they r efused t o s ell him a h ome because of his race. T he Supreme C ourt sided w ith Jones b ecause Section 1 982 of t he US Code i ntends t hat t here i s no d iscrimination w hatsoever during t he sale a nd rental o f property. Also, t he Thirteenth Amendment e ncourages t hat Congress m ust n ot use a ny racial b arriers s ince these barriers w ere r eminiscent o f s lavery. This c ourt case d id n ot s ignificantly affect future court cases and t he policymaking p rocess. It is based around a n a ct that was a lready m ade, a nd d oes n ot entail a ny n ew principles o r practices to b e u sed in f uture cases. If I w ere a member of t he jury for this court case, I w ould vote i n f avor of Jones because I f eel that o ne c annot be p revented from buying l and j ust because of r ace. I t is unfair to t hem, a nd also the C onstitution s tates that you cannot i nferiorize s omebody b ecause of r ace.
24 Amazing Court Cases 12 Reed vs. Reed WHAT: Fourth Amendment WHEN: November 2 2, 1971 WHO: S ally R eed, Cecil R eed VOTE: 9 - 0 i n f avor of S ally R eed QUESTION: D id the Idaho P robate C ode v iolate t he Fourteenth Amendment’s E qual P rotection C lause? The I daho P robate Code says that m ales must be prefered to f emales when d iscussing estate. When the Reeds’ s on passed away, b oth Reeds wanted to be n amed t he administrator of their son’s e state. B ecause o f this C ode, C ecil was appointed a s t he administrator a nd Sally challenged this i n court. In C ourt, the jury d ecided i n a u nanimous d ecision that d ifferent treatment o f m en a nd w omen w as unconstitutional u nder t he E qual P rotection Clause o f t he Fourteenth Amendment. I t i s u nconstitutional t o p refer o ne gender over the o ther when g ender i s the o nly factor in question. This c ase significantly a ffected t he policymaking s ystem because i t was o ne of t he f irst c ases where g ender w as t he o nly factor i n the outcome. T his w ould s et a p recedent f or future cases that deal with s ex. I f I was o n t he jury for this c ase, I would v ote in favor o f Sally because g iving different treatment to o ne s ex over another s ex is u nfair a nd I f eel t hat everybody should be treated e qually.
24 A mazing C ourt Cases 13 Argersinger v s. H amlin WHAT: Sixth Amendment WHEN: June 12, 1 972 WHO: Jon Argersinger, H amlin VOTE: 9 - 0 in favor o f A rsinger Argersinger was charged with a m isdemeanor f or c arrying a concealed w eapon i n Florida. During h is bench t rial, h e did not have an attorney to r epresent him. The C ourt t hen d ecided that the Sixth Amendment s hould b e e xtended to any defendant who f aces t he possibility of a sentencing. This guarantees f airness i n t rials involving potential j ail time, no m atter how small the charge i s. T hey d ecided the state w as required t o p rovide A rgersinger w ith counsel. This c ase d id not h ave a s ignificant impact o n t he p olicymaking s ystem. I t u ses t he same principles a s the p rinciples made i n P owell vs. A labama a nd G ideon v s. Wainwright where t he accused m ust a lways b e represented b y counsel. T his c ase d id n ot c reate any new principles or practices t hat w ould be used i n f uture court c ases. If I w ere on t he jury during t his c ase, I w ould vote in f avor o f Argersinger b ecause since h e didn’t have a n attorney, they w ere a ble t o find h im guilty. I f he w as represented b y an attorney, perhaps h e would n ot have b een found guilty d uring this c ourt case.
24 Amazing Court C ases 14 Roe v s. W ade WHAT: F ourteenth Amendment WHEN: January 2 2, 1973 WHO: J ane R oe, Henry W ade VOTE: 7 - 2 in f avor of R oe QUESTION: Is a bortion protected b y the Constitution? Roe wanted to terminate h er pregnancy by u sing a bortion. H owever, T exas law only allows abortion in c ases w here it w ould s ave t he pregnant w oman’s life. After writ o f c ertiorari was granted f or t he case t o b e viewed by a higher court, t he Supreme C ourt h eard arguments a bout this case. T he Supreme Court v oted i n f avor o f Roe and d ecided that a woman’s right to abortion fell within their r ight to p rivacy in t he Fourteenth A mendment. T he d ecision g ave a w oman complete control o ver t heir p regnancy d uring their first t rimester, and c reated d ifferent levels of i nterest f or the n ext t wo trimesters. This case had a huge i mpact o n future cases a nd laws in s tates. T his r uling affected 46 state laws i n t he nation o ut of 50. All future cases about abortion would b e d ecided b ased on t his one decision t hat the Supreme C ourt m ade in t his case. I f I were o n t he j ury for t his c ase, I w ould vote i n favor o f R oe b ecause I f eel t hat w omen should be a ble to h ave an a bortion if they w ould l ike to.
24 Amazing Court C ases 15 Gregg v s. G eorgia WHAT: E ighth A mendment WHEN: J uly 2, 1976 WHO: T roy G regg, State of G eorgia VOTE: 7 - 2 in favor o f Georgia QUESTION: Is the death penalty u nder the E ighth A mendment “cruel a nd unusual” punishment? Gregg was f ound guilty by a jury o f a rmed robbery and murder, a nd they sentenced him to death. On t he S tate C ourt of A ppeal, they declared t hat the death s entence is o nly a pplicable to t he murder p art o f his s entence b ut n ot t o h is r obbery. G regg t hen challenged this death sentence by saying that this death s entence w as “cruel and unusual punishment” that violated the E ighth Amendment. The Supreme C ourt v oted t hat the d eath p unishment d id n ot v iolate t he Eighth Amendment and w as reasonable punishment for extreme cases such a s m urder. It serves as a deterrent for future crimes t o be c ommitted. This case did not h eavily a ffect the p olicymaking s ystem. I f G regg had w on h is case, this would be h uge because t he d eath p enalty w ould never b e u sed a gain. However, s ince h e didn’t w in his c ase, the d eath p enalty is still in effect a nd nothing really changed. If I w as on t he jury for t his case, I would vote i n f avor o f Georgia b ecause Gregg c ommitted murder which is a n extreme c ase. By having t he death penalty b e a choice f or p unishment, m any p eople are d eterred f rom committing murder because they d o n ot w ant to be sentenced by d eath.
24 Amazing Court Cases 16 Craig v s. B oren WHAT: F ourteenth A mendment WHEN: D ecember 20, 1 976 WHO: Curtis C raig, David Boren VOTE: 7 - 2 in f avor o f Craig QUESTION: Did O klahoma s tate l aw a bout drinking ages violate t he Equal Protection C lause o f t he Fourteenth A mendment? There w as a n O klahoma l aw that p rohibited m ales from d rinking under t he age o f 2 1 and females f rom d rinking under the a ge o f 18. Craig a nd his w ife a ccused o f t his b eing d iscriminatory towards genders. In Court, t hey ruled t hat these laws w ere u nconstitutional. The C ourt t hen established a n ew standard for reviewing c ases that i nvolved gender discrimination c alled intermediate scrutiny where i t would b e more d emanding t han the lowest s tandards, b ut less demanding t han t he highest s tandards t o decide if a law was constitutional or n ot. This c ase s ignificantly affected f uture court c ases a nd Constitutional l aw because i t s et another precedent f or future c ourt c ases t hat involved gender d iscrimination. This intermediate scrutiny w ould be a b asis that decisions a re made o ff o f i n the future. I f I w ere on the jury for this court case, t hen I w ould v ote in f avor o f Craig b ecause the l egal drinking a ge s hould be t he same between two genders i n order t o a void accusations o f g ender discrimination in the future.
24 Amazing Court C ases 17 Plyler v s. D oe WHAT: Fourteenth Amendment WHEN: June 1 5, 1 982 WHO: James Plyler, John Doe VOTE: 5 - 4 i n favor o f Doe QUESTION: Did a n ew education l aw in T exas violate the E qual Protection Clause o f the F ourteenth A mendment? In 1975, Texas made a r evision to their e ducation laws that a llowed t he s tate to w ithhold funds from s chools e ducation i llegal aliens. The Court reviewed t he c ase a nd decided t hat e ven though the illegal aliens w eren’t c itizens of the United States, they w ere s till people and d eserved protections f rom t he F ourteenth Amendment. S ince Texas could n ot c reate an a rgument a s to w hy their l aw was a valid l aw to h ave i n p lace, t he C ourt struck down the education law. This court case d id n ot significantly a ffect future court c ases, the Constitution, o r the nation. It u sed p ractices a nd p rinciples a lready in p lace b y the C onstitution a nd existing laws, a nd does not create a ny new ones. I f I were o n the j ury for this case, I w ould vote i n f avor of Doe b ecause I a gree with the s tatement that even i f they are illegal c itizens, they s till deserve the protections o f the Fourteenth Amendment b ecause t hey a re still p eople.
24 A mazing C ourt C ases 18 Bowers v s. Hardwick WHAT: Fourteenth Amendment WHEN: J une 3 0, 1 986 WHO: M ichael B owers, Michael H ardwick VOTE: 5 - 4 in f avor o f Bowers QUESTION: D oes t he Due Process Clause of the F ourteenth A mendment give a r ight to privacy to h omosexuals w ho are intimate? Hardwick w as c aught having homosexual s odomy with another man i n h is bedroom by a police officer. O nce being c harged with s odomy, h e a ccused the state of Georgia t o be unconstitutional i n terms o f h omosexual sodomy. The District C ourt dismissed t his, b ut t he c ase was appealed and d etermined that t he s tatute was unconstitutional. Then Bowers, G eorgia’s Attorney General, a ppealed t he c ase t o the S upreme C ourt through a writ o f c ertiorari. The Supreme Court d ecided t hat t here was n o unconstitutionality of s odomy, a nd states w ere allowed to create laws a gainst them. This c ase did n ot have a significant i mpact on future court cases o r the Constitution. I t uses a precedent established i n G riswold vs. Connecticut about p rivacy and A mendments t hat already exists in t he Constitution, but d oes not create a ny n ew p ractices o r procedures to be followed. I f I were o n t he j ury f or this case, I would vote i n favor of H ardwick because I f eel t hat h omosexuality is something t hat should be protected by the Constitution s ince i t is n ot a c hoice a person c an m ake.
24 Amazing Court C ases 19 Thornburg vs. Gingles WHAT: F ifteenth Amendment WHEN: June 30, 1 986 WHO: L acy T hornburg, R alph Gingles VOTE: 9 - 0 i n f avor of T hornburg QUESTION: D id t he North C arolina r edistricting plan v iolate the Fifteenth Amendment by r acially s eparating black citizens t hrough v oting rights? The N orth Carolina G eneral A ssembly p assed a redistricting p lan for t he state, but t he redistricting plan would c reate s even n ew d istricts w here b lack c itizens would not b e a ble to e lect representatives. T hey filed s uit c laiming that this violated t heir F ifteenth A mendment right to vote. T he case w as a ppealed to higher c ourt, a nd t he S upreme C ourt d ecided t o l ook a t it. The Court decided i n a unanimous v ote t hat multiple d istricts part of t he n ew redistricting p lan discriminated against b lack citizens i n v oting, v iolating t he Fifteenth A mendment. This case w as significant b ecause it w as one o f t he f irst c ases where gerrymandering was a n issue. Future cases would u se t his c ase as a precedent whenever gerrymandering was a f actor i n the d ecision. If I w ere on t he j ury f or this case, I would v ote i n favor o f the black c itizens w ho were discriminated a gainst because r egardless o f how a state’s d istricts a re, e very person should b e able to vote because t hat i s e qual voting, w hich is what t he Fifteenth A mendment i s a ll about.
24 A mazing Court Cases 20 Shaw vs. R eno WHAT: F ifteenth Amendment WHEN: June 2 8, 1 993 WHO: R uth S haw, Janet R eno VOTE: 5 - 4 in favor of Shaw QUESTION: W as N orth C arolina’s p lan to redistrict create a racially gerrymandered district? North C arolina s ubmitted a plan to redistrict, creating two black-majority d istricts. However, one o f the d istricts w as unusually shaped so s mall that i t w as nearly insignificant. A District Court r uled that t heir argument was i nvalid, but the Supreme C ourt granted a writ of certiorari. The S upreme Court said t hat the u nusual d istrict shape was a c oncern f or i mbalance, a nd allowed N orth C arolina t o revisit their plan u nder g overnmental interest. This court c ase did not s ignificantly a ffect p olicymaking o r f uture c ourt c ases much. I t uses principles a nd p ractices used in o ther c ourt cases, a nd b ased its d ecision o ff o f the precedent set by Thornburg v s. G ingles. I f I w ere on t he j ury for t his case, I would vote in favor of S haw b ecause taking advantage of such a n u nusually shaped district i s unfair to t he residents of t hat d istrict i n voting.
24 A mazing C ourt Cases 21 Miller vs. Johnson WHAT: Fourteenth A mendment WHEN: J une 29, 1995 WHO: Z ell M iller, Davida J ohnson VOTE: 5 - 4 in f avor o f Johnson QUESTION: W as Georgia’s r edistricting p lan c onsidered racial gerrymandering, which is p rohibited by the Equal P rotection Clause of the Fourteenth A mendment? The s tate o f Georgia p roposed a plan t o create a n ew black-majority district. However, t he shape o f i t w as so b izarre that it was suspected that i t w ould c reate a separation within t he district rather than a c ommunity. The Court r eviewed t he s ituation a nd d ecided that the n ew d istrict was so irregular in s hape t hat i t c ould n ot be understood as anything e xcept t o s egregate v oters based on race. This case d id not significantly a ffect f uture c ourt c ases or the p olicymaking system. It used a precedent set in Shaw vs. Reno a bout scrutiny and it u ses the Fourteenth A mendment a s t he overall b asis o f the d ecision, but it does n ot c reate a ny new procedures or p ractices that would b e used i n t he future. If I w ere o n t he j ury for t his c ase, I would v ote i n f avor of J ohnson b ecause purposefully shaping a d istrict w ith t he s ole i ntention o f s egregating v oters b ased on r ace i s n ot right. G errymandering i s s omething that s hould be as minimal a s possible i n t he n ation.
24 Amazing Court Cases 22 Dickerson vs. U S WHAT: Fifth A mendment WHEN: J une 2 6, 2 000 WHO: C harles D ickerson, U nited States VOTE: 7 - 2 i n f avor o f D ickerson QUESTION: Can C ongress o verride M iranda v s. Arizona a nd n ot s tate the Miranda rights d uring i nterrogation? Dickerson confessed to authorities s aying t hat he assisted multiple b ank robberies, and t hen was put u nder arrest. However, h e testified that his M iranda rights w ere not read t o h im until after he confessed. T he District C ourt g ranted his m otion and found that h is rights were not in fact read to him, b ut i n t he Court of A ppeals, t hey a cknowledged that u nder l egislation, a ll c onfessions are legal t o be used i f t he confession w as voluntary. However, in S upreme C ourt, t hey voted t hat nothing could o verrule the M iranda rights because it has been such a t radition i n t he US. A dissenting opinion s aid that t his p art o f the Fifth Amendment gave unnecessary protection to confessions. This court c ase d id not impact t he policymaking process dramatically. A lthough the v erdict applied c onstitutional c oncepts in t he F ifth Amendment such as the M iranda rights, i t d id not establish a ny n ew l aws o r principles t hat would b e used i n f uture court c ases. If I w ere a m ember of the j ury d uring this c ourt case, I would vote i n f avor of D ickerson he might n ot have known t he Miranda rights b efore h e c onfessed s ince they w ere not read to him u ntil a fter the f act.
24 A mazing C ourt C ases 23 Lawrence vs. T exas WHAT: F ourteenth A mendment WHEN: J une 2 6, 2 003 WHO: J ohn L awrence, T yron G arner VOTE: 6 - 3 in favor of Lawrence QUESTION: Do the c onvictions o f Lawrence a nd Garner that violate i ntimacy within s ame-sex c ouples but n ot i n d ifferent-sex c ouples violate t he E qual Protection Clause o f the F ourteenth Amendment? Police o fficers in Texas entered L awrence’s apartment and witnessed him w ith G arner showing i ntimacy together. T hey were b oth a rrested a nd c onvicted of sexual intercourse, w hich is violated b y T exas law saying that homosexual intercourse i s illegal. The C ourt o f A ppeals r uled that the law w as not u nconstitutional because t he d ecision made t hrough B owers vs. Hardwick proved that it w asn’t. T he S upreme C ourt ruled t hat it w as unconstitutional t o make i t a c rime for t wo persons of t he same sex having i ntercourse. T herefore, t hey overruled t he p recedent s et by Bowers vs. Hardwick. This course had a h uge impact on future court cases and the policymaking system. It overruled the p recedent s et by Bowers vs. H ardwick by saying t hat m aking h omosexual intercourse a c rime was unconstitutional under the Equal Protection Clause o f the Fourteenth Amendment. If I w ere on t he j ury for this case, I w ould vote i n favor of Lawrence because homosexual p eople cannot d ecide t o be b orn this way o r n ot, and t hey c ouldn’t d o a nything a bout it to change that i n the p ast.
24 Amazing C ourt C ases 24 DC v s. Heller WHAT: Second Amendment WHEN: June 26, 2008 WHO: District of C olumbia, D ick Heller VOTE: 5 - 4 i n f avor o f Heller QUESTION: Does the D istrict of C olumbia’s Code violate the S econd Amendment o f the C onstitution? The District of Columbia has a C ode where i t is i llegal t o have p ossession of a n u nregistered firearm. Heller a pplied f or a one-year l icense t o carry h is own f irearm, b ut the a pplication was denied. He s ued t he D istrict of C olumbia a nd a rgued t hat their C ode infringed on h is Second Amendment r ights b ecause he wanted to k eep a firearm at h ome w ith a l icense. T he district c ourt ignored h is c omplaint, b ut the C ourt o f A ppeals went against t hat and h eld t hat the D C Code violated the Second Amendment right where you are allowed to keep a f irearm i n your h ouse f or the s ole p urpose o f s elf d efense. T he Court voted in favor of Heller by s aying that t he D C C ode d oes violate the S econd Amendment o f the Constitution, a nd t hat people should be able t o h ave function f irearms i n your h ome for protection. A d issenting opinion s aid t hat t he S econd Amendment only a pplies to m ilitary p urposes, but d oes not e xtend t o regular n onmilitary u se of weapons. This c ourt case d id n ot i mpact the policymaking process dramatically. A lthough t he verdict applied c onstitutional c oncepts i n t he Second A mendment, i t did not e stablish any n ew laws o r principles t hat w ould b e used i n f uture c ourt cases. If I were a m ember of the jury during t his court case, I w ould v ote i n favor of H eller because I f eel t hat you s hould b e able t o possess a l icensed functioning f irearm in y our o wn h ome for t he s ole p urpose o f s elf defense.
24 A mazing C ourt C ases 25 McDonald vs. Chicago WHAT: Second Amendment, F ourteenth A mendment WHEN: J une 28, 2010 WHO: O tis McDonald, City o f C hicago VOTE: 5 - 4 in favor o f McDonald QUESTION: Does the Second Amendment apply t o t he s tates b ecause i t i s made a pplicable b y the D ue P rocess C lause? After the D C vs. Heller court c ase, M cDonald a rgued that the right t o b ear a rms i s a fundamental right that s tates s hould n ot b e a ble to c hange. Suits w ere filed against Chicago which challenged their b an on guns after s eeing t he D C vs. Heller decision. The district court i gnored these suits which s aid t hat t he S econd A mendment a pplies t o the states. T he U .S. C ourt of Appeals reversed t his and said that the Second A mendment d oes in f act apply to t he states. A dissenting opinion s aid that owning a p ersonal firearm was n ot a r ight protected by the Due Process Clause, and t hat nothing i n the Second A mendment says there is a fundamental r ight t o i ncorporate t he Due Process c lause. This c ourt case d id n ot i mpact the p olicymaking p rocess d ramatically. A lthough t he verdict applied constitutional concepts in the S econd and Fourteenth A mendments, it d id not establish any new l aws o r p rinciples t hat w ould b e u sed in future c ourt cases. If I w ere a member of t he j ury during this court c ase, I would v ote i n f avor of McDonald because I feel t hat the Second Amendment s hould apply to the states i n the country through the D ue P rocess C lause.
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