1 24 Court C ases Y OU Need to K now
2 Table of C ontents Chapter 4 McDonald v . Chicago…………………….3-5 Mapp v. Ohio … ………………………….…..5-6 Miranda v . Arizona……...…….…………7-8 Powell v . Alabama…………………….…..9-10 Gideon v . Wainwright…………………11-12 Gregg v . Georgia ………………..……..13-14 Mccleskey v. Kemp … ………….……..15-16 Griswold v. Connecticut…………... 1 7-18 Roe v. W ade W ade………………….….19-20 Planned P arentHood v. C asey……21-22 Dcv. H eller……………………………..…….23-24 Dickerson v. U nited States..…...25-20 Chpater 5 Brown v . B oard of E ducation…………...27-28 Thornburg v. Gingles…………..……...…….29-30 Korematsu v . United States….…….….31-32 Shaw v . r eno……………………………..………..33-34 Reed v . R eed…………………………………..….34-35 Bowers v. Hardwick………………………….36-37 Lawrence v. Texas……………………….…...37-38 Obergefell v . Hodges … …………....….….39-40 Bakke v. U niversity of C alifornia…...40-41 Mclaurin v . O kalhoma………………..……...41-42 Smith v. Alwrite……………………………......42-44 Miller v . Johnson………………………….…….45
3 Chapter 4 McDonald v . Chicago 2010 Facts Overview Chicago placed g un b ans b ecause t hey f et t hat the second amendment was o nly a law under t he f ederal government, a nd that t his m eant that they d id n ot n eed to accept it. When the ruling of D istrict o f C olumbia v. Heller was announced ( second amendment does protect c itizens right to p osses a f irearm), Otis M cdonald and several others f iled l awsuits against the city o f Chicago s aying that t he gun a nd firearm b an violated t he s econd amendment. People/Organizations Involved: ● Otis M cdonald (plaintiff) ● Oak Park ● City of C hicago Constitutional Q uestion The l awsuits were f iled o n t he basis that the gun bans violated t he s econd amendment, and that the states n eed to recognize federal l aws. Does b anning f irearms v iolate the s econd A mendment? Does t he s econd a mendment apply to a ll states?
4 Court’s D ecisions a nd Reasons Because o f the 14th a mendment's due process c lause of equal r ights, the s econd amendment is applicable to the states, and m ust be a ccepted a s a l aw. A 5 -4 d ecision r uled that t he g un b an i n chicago and O ak p ark i s u nconstitutional, and v iolated the second amendment. T he reasons behind their r uling i s t heir p rior decision in District o f columbia v. H eller, here they decided that the second amendment d oes a llow c itizens t o possess a firearm. However, not all justices a greed. John P aul S tevens believed that p ossessing a firearm i s not a freedom t hat is o r should be protected by the d ue process clause. Another reason for t he ruling in f avor of Mcdonald is t hey believed that o wning a firearm was important f or s elf defence, and has been a tradition in America. Impact This case h as a huge impact o n t oday’s s ociety b ecause i t allows anyone w ith a valid license t o o wn a f irearm. This a ffects crime and m ay p ossibly increase gun violence. I f t here i s a certain area w ith an exceeding a mount of g un violence, they are n ot a llowed t o b an f irearms because t hat w ould violate the s econd amendment. This means that t here will b e gun violence t hat t he local government c annot intervene or r egulate. T hey c an b an guns from certain p laces s uch a s s chools, b ut they cannot b an t hem c ompletely, w hich m eans someone could easily s neak t hem into a p ublic p lace s uch as t he movie theater o r e ven a s chool. My Decision If I w ere a justice deciding t he o utcome of this c ase, I would rule that states d o not n eed t o a ccept t he second a mendment as a l aw. G un violence i s too much o f a problem i n t oday's s ociety, s o s tates should h ave t he p ower to regulate a nd ban
5 firearms. T he s econd a mendment was created i n a time w hen the citizens n eeded to protect t hemselves f rom their own g overnment, and when assault w eapons d id not exist. T hat i s n o longer an i ssue, so I b elieve that t he s econd amendment should b e overturned. Mapp v . Ohio 1961 Facts Overview In 1 961, police o fficers in Cleveland, Ohio b arged into the h ome of D ollree M app because she w as suspected of hiding a f ugitive. W hen she a sked t ho officers to see the w arrant, they held u p a p iece o f p aper, that was s upposed to b e a warrant. When t he o fficers w ere s earching her home, t hey found pornograpghic i mages, which i s c onsidered o bscene m aterial,and b anned by Ohio state l aw. People/ O rganizations involved: ● Dollree Mapp ( plaintiff) ● Cleveland P olice O fficers Constitutional Q uestion Mapp a ppealed t he ruling o f her case b ecause the police o fficers e ntered h er home without a n o fficial w arrant. Does t he first a mendment protect o bscene material? Can s omeone b e charged b ased on e vidence found d uring an i llegal search?
6 Court’s Decisions and R ulings 4 The ruling was 6-3 f avoring Mapp. T his required a ll illegally o btained e vidence to be inadmissible i n a c ourtroom. They ruled this based on the 4 th a mendment: “ The r ight o f the p eople t o b e s ecure in their persons, houses, p apers, a nd effects, a gainst unreasonable s earches and s eizures, s hall not be violated, a nd n o w arrants s hall issue, b ut upon p robable cause, supported by o ath o r a ffirmation, and p articularly d escribing the p lace t o be s earched, and t he persons o r t hings t o be s eized.” The j ustices d id n ot f ocus o n t he f irst amendment a nd o bscene materials in t his case. Impact The ruling of t his case affects all f uture cases w here illegal e vidence i s u sed i n a court case. This protects citizens from o fficers, o r anybody else from illegally entering y our home to search for e vidence. T his stops s ome police o fficers f rom using their power o f authority against c itizens. My Decision I a gree with t he court's r uling because citizens n eed t o f eel that they have t he right to privacy in t heir o wn h omes, a nd protections f rom p eople abusing their authority.
7 Miranda v. A rizona 1963 Facts Overview Many p eople h ave h eard t he term “Miranda R ights”, b ut m ost d o not k now w hat they mean. T he M iranda rights a re w hat t he p olice are required to tell y ou b efore arresting you, s uch as “ You h ave the rights to remain s ilent...”. In March o f 1 963, E rnesto Miranda, w as a rrested and b rought i n f or q uestioning by police. After a long interrogation, t he police received a w ritten confession f rom him, b ut n ever read him his rights. A fter the trial, Miranda was found guilty o f rape and k idnapping. H e was sentenced to twenty t o thirty y ears i n p rison. He appealed t o t he c ourt s aying that p olice never informed him of his r ight to a n attorney. People/Organizations I nvolved:
8 ● Ernesto Miranda ● Police of Phoenix, Arizona Constitutional Q uestion The 5 th amendment s tates that n o i ndividual shall b e forced to incriminate themselves. This means a n individual c annot b e forced to c onfess h is or h er transgressions. Does t his mean that t he police cannot i nterrogate someone without r eading t heir rights beforehand? Court’s D ecisions a nd Reasons The court decided on a 5 -4 d ecision in favor of M iranda. The c ourt d ecided that the 5 th a mendment does p rotect suspects f rom interrogations. The 5 th amendment a lso r equires police and other b ranches o f law enforcement to i nform s uspects of t heir r ights during arrest. C onfessions received w hen t he s uspect is n ot r ead his or her r ights a re not a cceptable in c ourt. Justice T om C. C lark, did not agree w ith t he ruling. He believed t hat t his created an e xtremely s trict a nalysis of t he 5th a mendment. He thought t hat t his w ould not allow law enforcement t o properly fulfill t heir r esponsibilities of protecting a nd securing o ur nation. Impact This c ase h ad the b iggest i mpact o f t he way l aw enforcement works t oday. T his forces t he p olice to inform suspects o f all t heir rights at t he t ime o f arrest, if not, e vidence o btained i s n ot acceptable i n a c ourt. This a llows for s uspects t o h ave a fair interrogation. T hose accused, a lso k now w hat i s a nd i s not a llowed. T his protects t hem from law enforcement abusing their power. My D ecision
9 I agree with t he r uling b ecause people need t o k now their r ights if and w hen they are arrested. I f they a re not told, the police m ay be able t o arrest anybody and they would n ot k now why. T his w ould v iolate individuals civil rights. Powell V. Alabama 1932 Facts Overview Two white women accused nine black t eens o f r ape. The trials w ere w ere rushed because three took place in one day. All, e xcept for Leroy W rite, w ere f ound guilty and p ut o n death r ow. Their a ttorneys never consulted t hem, n or did they put i n m uch e ffort to represent them i n t rial. People/Organizations I nvolved: ● Ozie P owell ● Clarence N orris ● Olen M ontgomery ● Willie R oberson ● Haywood Patterson ● Andrew W right ● L eroy Wright
10 ● Eugene W illiams Constitutional Question Does the d ue p rocess clause of t he 14th a mendment stating; “ no s tate shall deny to any p erson within its j urisdiction the equal protection o f t he l aws”, mean t hat the trials violate t he b ill of r ights? Courts Decisions a nd R easons The court decided on a 7-2 decision in favor o f P owell and the o ther e ight y ouths. 7 The justices agreed t hat t hese speedy t rials d id not allow t he defendants e nough time to meet with their a ttorneys, and secure c ounsels This w as the first case w here a conviction w as overturned b ecause of a g litch in the s ystem. . Impact This c ase s toped all f uture trials t hat t ake place too q uickly and t oo sloppily. T his allows an equal opportunity f or a ll d efendants t o meet w ith attorneys, and c ome up with a p lan s o t hey c an have a proper defence team and a f air trial. My D ecision I b elieve t hat h aving the t rials three a day without l etting the d efendants secure councils was n ot f air, a nd does v iolate t he fourteenth amendment. H owever, I do not b elieve that after t he c onviction was o verturned, t hat s hould b e t he end o f the case. I t hink t hey all should h ave h ad new trials with a ttorneys that they have m et with so they c ould have a f air trial. J ust b ecause t heir c onviction was overturned because of a n appeal, does n ot m ean t hey were i nnocent.
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12 Gideon v. Wainwright 1963 Facts Overview Clarence E arl Gideon was a ccused and a rrested for b reaking a nd e ntering. He appeared at trial without a n attorney t o r epresent h im, because he could n ot afford one. Gideon a sked the j udge t o a ppoint h im a lawyer, b ut the t he j udge denied his request, s o Gideon w ent o n, representing himself. Despite h is e fforts, he was found g uilty a nd sentenced to 5 y ears. G ideon then f iled a habeas c orpus stating t hat the judge's d enial of h is request o f a n attorney v iolated Gideon’s constitutional r ight. People/Organizations I nvolved: ● Gideon W ainwright ● Florida S tate Law Constitutional Q uestion Does the right t o a n a ttorney extend to misdemeanors? Courts D ecisions and Reasons The court d ecided unanimously in f avor o f Gideon. The Supreme C ourt j ustice’s d ecided t hat d enying one a n a ttorney violates the 6 th amendment. T hey reasoned that t he framers o f o ur nation a nd c onstitution stressed how the accused have t he r ight t o a proper defence t eam. They d ecided t hat if a defendant c ould n ot afford to hire their own attorney, the state n eeds t o p rovide on for them.
13 Supreme court justice T om C. Clark said t hat the B ill o f Rights s tates t hat defendants h ave the r ight to a n attorney,so there should n ot b e a ny l aws t hat specify which t ypes o f defendants have t hat right, b ut that all defendants h ave the right to an a ttorney. Impact This case d oes n ot h ave a huge i mpact o n the working o f the justice system, b ut i t does e nsure t hat a ll defendants will have a proper defence team. My D ecision I a gree with the r uling because e verybody needs to have a representative i n t he court because the general p ublic is not educated enough o n the w ays a nd loopholes of t he c ourt system. The prosecutor m ay be a ble t o ask u nfair questions, and t he defendant m ight n ot e ven be a ware o f w hat i s a nd i s not a llowed in t he c ourt.
14 Gregg v. G eorgia Facts Overview Gregg w as t ried and found g uilty of robbery a nd murder, and w as put on death row. Gregg appealed, s aying that the death p enalty v iolates t he 8 th amendment, as it i s a “ cruel and u nusual” punishment. People/Organizations Involved: ● Gregg ● Supreme C ourt o f G eorgia Constitutional Q uestion The e ighth a mendment s tates t hat c ruel and unusual p unishments a re n ot allowed as a p unishment for b reaking the l aw. Is the d eath p enalty a cruel and unusual punishment? Courts Decisions and Reasons The c ourt decided 7-2 that t he d eath penalty d oes not v iolate t he 8th a mendment. The justices agreed that t he death p enalty is a n a cceptable form o f punishment for a n e xtreme crime such a s m urder. The death penalty i s n ot t o b e used in lesser crimes s uch as r obbery or failing to p ay f ines. T his a llows the death penalty to be regulated. G eorgia claimed that the d eath penalty is an effective c rime deterrent, b ut t he s upreme court did n ot verify this claim.
15 Impact This case h as a b ig impact on society b ecause it protects citizens from unfair punishments. T he g overnment d oes n ot h ave t he power t o execute p eople f or breaking minor laws, b ut t hey can execute someone f or committing a heinous crime. My D ecision I f eel that t he death penalty should b e an a cceptable f orm of p unishment for severe crimes. R esearch shows t hat t he death p enalty is an effective deterrent of crimes, a nd therefore would help keep i nnocent c itizens s afe. I a gree with t he laws t hat the d eath p enalty can o nly b e used for e xtreme crimes b ecause it protects citizens f rom government a busing their p owers, a nd it a lso allows citizens peace o f m ind. They w on't h ave t o worry a bout accidently forgetting t heir driver's license a nd b eing p ut t o d eath because o f t hat one m istake.
16 M cCleskey v. Kemp 1987 Facts Overview A black m an named Mccleskey w as accused of r obbery and murdering a police officer. M ccleskey was found g uilty and put o n the death row. McCleskey f iled habeas corpus s aying that s tatistics showed t hat a b lack m an w ho k ills a white man is more likely t o be p ut on death r ow t han any other race. H e a rgued “ negroes are punished m ore s everely than whites”. People/Organizations Involved: ● McClesekey ● Frank S chlatt ( Officer) Constitutional Q uestion Are African Americans p unished m ore s everely than o ther r aces? I f so, d oes McCleskey sentencing v iolate t he 8th ( cruel and u nusual punishments) a nd 1 4th amendment ( e qual rights)? Courts D ecisions a nd R easons The c ourt d ecided 5-4 decision i n favor o f M cCleskey. McCleskey w as u nable to provide a ny accurate information p roving that t he death penalty i s r acially biased, m eaning t here w ere no c onstitutional r ights v iolated i n his case. Justice L ewis Powell said that t he information M cCleskey provided s hould b e s hown to t he legislative b odies, and not the court.
17 Impact This case d id n ot have a big impact because the data M cleskey had could n ot b e proven, s o t he d eath penalty w as said not be racially d iscriminatory. T his case d id not c hange anything. My Decision I f eel t hat t here's n ot enough e vidence backing up w hether or not the d eath penalty is r acially discriminatory. Statistics s how that t he h ighest race t o be executed p er year c hanges y early. A lso, statistics show t hat African A mericans are n ot punished more s everely.
18 Griswold v. C onnecticut 1965 Facts Overview Estelle Griswold, a nd a man named D r. B uxton w ere giving birth c ontrol advice t o married c ouples. They sued C onnecticut because, d uring t his t ime, g iving a drug that w ill prevent c onception was i llegal. They sued b ecause t hey b elieve this l aw violates t heir rights. People/Organizations Involved: ● Estelle Griswold (plaintiff) ● Dr. Buxton ( Plaintiff) Constitutional Question Are married couples a llowed u nder constitutional law t o receive advice a bout birth control m ethods? Courts D ecisions a nd R easons The c ourt decided 7-2 decision in f avor of Griswold The bill o f rights d oes in f act p rotect p rivacy, so t he c onnecticut l aw a gainst married c ouples seeking a dvice about birth control violates citizens rights. Impact This c ase a llows f or c ouples t o h ave privacy b etween t hem and their doctor. T heir privacy rights c reates t rust between the doctor and couples, a nd c reates a n easier process for seeking b irth control f or future couples.
19 My Decision I a gree w ith the ruling t hat t he married couples have t he r ight to p rivacy because birth control d oes n ot harm a nybody, a nd i t s hould b e t he couples, a nd o nly t he couple's d ecision on what to do about conception.
20 Roe v.Wade 1973 Facts Overview Norma McCorvey (Jane Roe used a s a p seudonym) wanted t o g et a n a bortion. Under Texas law h owever, abortions were only l egal if it was n eeded to save the mother life. She felt that having an abortion was h er r ight b ecause it w as her b ody. She sued and went t hrough two trials. Because s he w as not raped, abortion was still considered illegal i n her c ase. In 1970, the c ase w ent t o t he s upreme court. People/Organizations I nvolved: ● Norma McCorvey (Roe) (plaintiff) ● Texas Law Constitutional Q uestion Is an a bortion legal u nder the constitution? Courts D ecisions a nd Reasons The c ourt d ecided 7 -2 i n f avor o f R oe. The justices decide that an abortion f alls u nder the 14th amendment, a nd t he right to p rivacy. They d ecided that women c an have an a bortion f or any r eason during the f irst t rimester. In the second and t hird, s he w ould n eed to have a legal reason, such a s health. Impact This c ase a ffects a ll future women w anting to have a n abortion. I t allows women to have an abortion f or a ny r eason, a nd helps s ave a m other l ife if having a baby could
21 harm o r kill h er. This c ase h as a big impact on women a s a whole b ecause if gives them rights t o t heir o wn b ody. My Decision I A gree with a ll the decisions that the supreme c ourt made b ecause it allows t he women to h ave an abortion d uring the f irst trimester i f they don't feel r eady t o have a b aby. I agree w ith regulating a bortions d uring the s econd a nd t hird trimester b ecause t he f etus is m ore d eveloped and should n ot be k illed. The supreme court's decision allows the women r ights to her own b ody, but still k eeps the f etus life i n mind.
22 Planned P arenthood v. C asey 1992 Facts Overview Pennsylvania a mended their abortion l aws b y adding new regulations. T hese n ew regulations include, a twenty f our h our w aiting p eriod, m inors n eeding c onsent o f a parent, a bortion a gencies must g ive a report to the government, and a married woman needs to notify h er h usband b efore hand. T he n ew r egulations w ere challenged because p eople b elieved t hat i t contradicted the ruling i n t he court c ase Roe v. W ade. People/Organizations Involved: ● Robert P.Casey (Pennsylvania s tate g overnor) ● Planned P arenthood of Southeastern P ennsylvania Constitutional Q uestion Do theses new r egulations contradict the r uling in Roe v . W ade? Courts Decisions a nd Reasons The c ourt decided 5-4 i n f avor o f p lanned p arenthood. The s upreme c ourt j ustices on this c ase u pheld t heir decision in Roe v . W ade, a nd also upheld all of the new r egulations, e xcept f or a woman need to notify her husband b efore an a bortion. All o f t he n ew l aws d o not c reate an “undue b urden” because i t is still easy for a woman to a have an a bortion i f s he wishes to. Impact This c ase e specially h ad a n i mpact o n minors s eeking a n abortion because t hey need to h ave c onsent b y a p arent. T his c ould be a major obstacle i n the way of t hem
23 having a n a bortion because they m ay h ave different views on abortion than their parents. The o ther regulations d o n ot h ave as b ig a s an impact because none of them m ade i t any harder f or a women to h ave a n a bortion. All they d o is g ive h er more time to t hink things t hrough. The 2 4 h our waiting p eriod l aw h as a big impact on w omen who are u nsure a nd n eed t ime t o m ake a decision. T his s tops families or boyfriends f rom pressuring t hem i nto making the decision t oo fast. My D ecision I agree w ith the court's decisions because t hey h elp w omen w ho are c onsidering abortion make a decision. However, I d on't believe that a m inor s hould n eed consent f orm a p arent a b ecause t he parent may f orce their d aughter t o d o something t hey don't want t o, e ven t hough it is h er b ody .
24 DC v. H eller 2008 Facts Overview The d istrict o f C olumbia p laced a b an o n o wning and c arrying f irearms. T he o nly exception was t he c hief o f p olice, who could have a o ne year l icence o n h andguns. Dick Anthony H eller, a p olice o fficer, h ad a valid l icence t o carry a handgun w hile on d uty. He filled o ut an application f or a licensed handgun that h e c ould h ave i n his h ome. H is a pplication was d enied. H eller s ued because he believed t he District of Columbia's ban o n f irearms and p ersonal hand g uns v iolated the s econd amendment, the right t o bear a rms. People/Organizations Involved: ● Dick A nthony Heller (plaintiff) ● The d istrict of Columbia Constitutional Q uestion Does the District of Columbia’s ban o n f irearms v iolate t he s econd A mendment? Courts D ecisions and Reasons The c ourt decided 5-4 i n f avor Heller. The supreme court j ustices d ecided banning the ability t o h ave a l icence o f h and guns, and a nd requiring a trigger lock i s unconstitutional, b ecause it violates the second amendment. John Paul Stevens d isagreed, b ecause he f elt the s econd amendment a llowed firearms for m ilitary use, not for p ersonal uses.
25 Impact This case affected everybody w ishing t o obtain a licenced f irearm. I t a llows for self d efence, a nd to keep the original f ramers of t he constitutions i deas a live. But, i t may also c ause t he c rime r ate to go u p. My Decision I don't a gree with t he c ourt's d ecision b ecause I f eel that t he s econd a mendment is o utdated. I t causes crime rates t o g o u p and p ut citizens i n danger.
26 Dickerson v . U S 2000 Facts Overview Charles D ickerson, a m an being q uestioned b y the p olice, c onfessed t o b eing a getaway d river i n c ertain bank r obberies that have happened. H e was arrested soon a fter. The p olice s aid that t hey informed h im o f his M iranda R ights a nd g ot his signature b eforehand. Dickerson however a rgued t hat he w as never r ead his rights. H e appealed, but the s tate said that h is c onfession was voluntary. People/Organizations I nvolved: ● Charles Dickerson ( Plaintiff) Constitutional Question Are states a llowed t o o verrule t he decision in M iranda v . A rizona? Courts D ecisions and R easons The court decided 7-2 in f avor o f D ickerson. The Miranda r ights are a n ecessary part o f law enforcement p ractices. T he justices d ecided t hat they a re the only ones w ho c an o verrule the M iranda Rights. Justices Antonin S calia a nd C larence T homas disagreed b ecause they felt “foolish confessions d id not n eed protection”. Impact This case affects all people w ho are arrested. It p rotects citizens from s elf incrimination, not h aving a n a ttorney, a nd other aspects of the c ourt s ystem. Without the M iranda r ights, p eople w ould not k now what t heir r ights are the government can a buse power.
27 My Decision I Agree with the court's decisions b ecause p eople need t o k now w hat their rights are. A s I h ave s tated m any times, w ithout certain laws, p eople could become victims of their own g overnment, because t hey a re n ot e ducated enough t o k now what is a nd is not a llowed in the c ourt.
28 Chapter 5 Brown v . B oard o f E ducation 1952 Facts Overview Brown v . t he board of education i s a m ix of four different c ases that all h ave one common f actor; the s egregation of p ublic schools. African American youths were denied entrance into p ublic schools based on t heir r ace. T hey all argued that segregating schools b ased o n r ace violates the equal p rotection c lause of the t he 14th amendment. People/Organizations Involved: ● Oliver B rown ( plaintiff) ● Richard L awton ● Sadie E manuel ● Monroe School Constitutional Q uestion Does segregating schools based o n r ace v iolate the due p rocess c lause o f the 1 4th amendment? Courts D ecisions and Reasons The court d ecided unanimously i n f avor of B rown
29 The justices decided on this c ase reasoned t hat segregating s chools b ased o n race could s tunt the g rowth a nd d evelopment o f an A frican American child. They decided t he “ separate but equal” f acilities a lso v iolates the 1 4th amendment because t hey w ere n ot in fact, e qual. Impact This c ase h ad a huge i mpact o n today's s ociety. T he A frican American p eople have been f ighting for e qual rights s ince the b irth of o ur c ountry, w ith not much success. T his n ew law w as a s tepping stone in t he d irection of having e qual rights for all. This a lso helped with letting b lack and white children become s ocialized, so in the f uture t here w ould n ot b e as much h ate between t he t wo groups. My Decision I w ould definitely rule i n f avor o f B rown, b ecause t here i s n o need to s egregate schools.There would be n o benefits. The o nly t hing a segregated school causes is outrage and hate. Having integrated schools helped our nation g row a nd c ome together.
30 Thornburg v. Gingles 1985 Facts Overview North C arolina c reated a redistricting l aw that c reated the s tate into s even new districts. African Americans a rgued that the n ew plan w ould not allow them t o choose a r epresentative. T hey s aid that t his violates t he v oting rights a ct of 1 965. People/Organizations I nvolved: ● Lacy H. Thornburg ● Ralph Gingles Constitutional Q uestion Does t his new redistricting plan violate the v oting Rights Act o f 1965? Court’s Decisions and R easons The c ourt d ecided a unanimous decision in favor o f T hornburg The s upreme c ourt justices d ecided that t he n ew r edistricting plan w as preventing African Americans from h aving a fair c hance t o vote f or someone of t heir choice, and therefore violates the V oting Rights A ct of 1 965. Impact This court case s parked t he m atch for future cases dealing with g errymandering. Gerrymandering i s still a h uge p roblem in today's s ociety, a nd people o ften a rgue the same arguments m ade i n t his c ase.
31 My D ecision I agree with t he c ourt's decisions because i t i s unfair to create d istricts based on race. This creates a r acist idealization for p eople in A merica which w ould only cause m ore p roblems between people o f different e thnicities.
32 Korematsu v. U S 1944 Facts Overview During t he s econd world war, the P resident m ade a l aw s aying that n obody of Japanese d escent i s allowed anywhere where t he Japanese c ould take part i n treason o r espionage (spying). People/Organizations Involved: ● Fred T oyosaburo Korematsu ● Japanese A mericans Constitutional Question Does the new l aw i nfringe on Japanese A merican rights? Courts Decisions and Reasons The court d ecided 6-3 i n f avor o f the United States. The supreme court justices s ided w ith t he United S tates b ecause they felt that keeping o ur c ountry safe w as more important t han K orematsu a nd t he J apanese American’s rights. Supreme court J ustice H ugo B lack a rgued that t his w as only a llowed throughout a state o f e mergency (war). Impact
33 This c ase h as a n impact o n p eople w ho m ay f eel t hat t he g overnment c an do whatever they want j ust b ecause something happened i n t he c ountry t hey are from. Some p eople may f eel that i t i s the government’s job t o protect c itizens b y all c ost, b ut s ome m ay feel t he g overnment has t oo much p ower. My D ecision I t hink that t he g overnment a ssuming that s omeone may b e a s py based on t he race and w hat is h appening i n t heir country is o utrageous. This only causes racism and hatred. J ust b ecause someone is f rom a country that has problems with the U nited States d oes not mean t hey stand w ith t hem. S ome of the J apanese A mericans during World War t wo were b orn i n America and had no affiliation w ith Japan. This is l ike today’s people blaming M uslims i n A merica for t he p roblems going on in the Middle E ast.
34 Shaw v . R eno 1932 Facts Overview North C arolina c reated a new d istrict p lan that only made one g roup where t he minority was t he majority. T hey t hen decided to c reate two g roups where African Americans w ere the majority g roup. Residents o f North Carolina c hallenged t his because t hey w ere c reating d istricts b ased o n race People/Organizations I nvolved: ● Shaw ● Reno Constitutional Q uestion Does r acial gerrymandering violate the 14th amendment? Courts D ecisions a nd Reasons The c ourt decided a 5 -4 decision i n favor o f S haw. The supreme court justices d ecided t hat the Gerrymandering b ased on race w as unconstitutional a nd v iolated the 1 4tb amendment. The shape of t he districts showed t hat North C arolina w ent t hrough t oo much t rouble t o r edistrict b ased on race. Impact This court case stops all s tates in t he f uture f rom g errymandering based o n r ace.
35 My Decision If I w ere a J ustice, I would argue t hat there is no need f or racial gerrymandering. Reed v. Reed 1971 Facts Overview When S ally a nd C ecil Reed’s adopted s on died, t hey b oth wanted to be n amed the administrator o f their s on‘s estate. Sally and Cecil were s eparated, and s ince the Idaho Probate Code specified that \" males m ust be p referred t o f emales\" Cecil was appointed. Sally Reed c hallenged the c ourt because s he f elt this v iolated t he 14th amendment. People/Organizations I nvolved: ● Sally Reed ● Cecil R eed Constitutional Q uestion Does t he Idaho P robate Code v iolate the 14th amendment? Courts D ecisions and Reasons The c ourt d ecided a u nanimous decision in f avor of Sally R eed.
36 The s upreme c ourt decided t hat t he 14th a mendment p rotects A LL p eople from discrimination, and that w omen a nd m en are to b e t reated e qually. They said t hat decisions cannot be made b ased on sex. Impact This case h as a great impact on society because it creates equal r ights between men a nd women. This case a llows for women to feel empowered, and that they do not need to listen o r a llow a man t o c ontrol their l ife. My Decision I agree with the justices because w hen t hey argued that n o decision should b e based on s ex. T his a rgument s ets m en a nd women e qual to e ach o ther
37 Bowers v . Hardwick 1986 Facts Overview Under the Sodomy l aw, sexual a ctivity with the s ame gender is prohibited. Because of t his, when H ardwick was found b eing i ntimate w ith another m an h e w as arrested. H ardwick argued t hat this w as u nconstitutional b ecause it v iolated the 14th a mendment. People/Organizations Involved: ● Hardwick ● Bowers ● Constitutional Q uestion The equality clause i n the 1 4th a mendment s ays that everyone should be treated equally. Does the s odomy l aw violate the 14th a mendment? Courts Decisions a nd Reasons The courts decided a 5-4 d ecision in f avor o f B owers. The Justices d ecied t hat homesexual intamacy is not protected u nder the constitution, and t hat t he l aw o f s odomy i s l egal. Impact This case does n ot have a b ig i mpact b ecause e ventually, these i deas were overturned Through the last 4 0 years, the idea o f h omosexual i ntimacy h as
38 become m ore a ccepted. Marriage b etween t wo of the s ame s ex is now legal in America. My D ecision I would stand with H ardwick b ecause w hoever h e c hooses to love and be i ntimate with will n ot h arm anybody. What g oes o n i n p eople's p rivate l ove l ives i s their business, not the g overnment's. Lawrence v. Texas 2003 Facts Overview John L awrence a nd Tyron Garner w ere b oth found b y police engaging i n s exual activity. Sexual i ntimacy by two p eople o f the s ame s ex i s o utlawed b y T exas State law, s o they were both arrested. Lawrence appealed s aying that t his violates the 14th amendment. People/Organizations Involved: ● John Lawrence ● Tyron Garner
39 Constitutional Q uestion Does the ban o f s ame sex i ntimacy v iolate t he 1 4th a mendment? If i t d oes, w ill Hardwick v . Bowers be overruled? Courts Decisions a nd Reasons The supreme c ourt justice d ecided 6 -3 i n f avor o f Lawrence. This time a round, the justices did agree that t he ban o n s ame s ex i ntimacy v iolates the equal r ights clause in the 1 4th amendment. B ecause of this n ew i dealization, the ruling i n Hardwick v. B owers was o verturned. Impact This case changes t he w ay t he world v iews homosexuals. B ecause the g overnment now a ccepts t he acts o f h omosexuals , a nd c onsider t he a cts p rotected under t he constitution, people now a re m ore a ccepting, w hich w ill l ead to l ess h ate c rimes. My Decision I a gree with their decision t o a llow homosexual a cts b ecause p eople cannot c hoose who they love. The government shouldn’t intervene any relationships within p roper age ranges.
40 Obergefell v . H odges 2015 Facts Overview Couples of t he same s ex s ued their s tate agencies b ecause t hey a re d enying their right to a licensed marriage. I n some o ther states, t he m arriage was l icensed, but other s tates d id not recognize t hem a s m arried. People/Organizations Involved: ● James Obergfell ● Richard Hodges Constitutional Q uestion Does denying s ame s ex couples t he r ight t o a v alid marriage violated the 1 4th amendment? Does the 1 4th a mendment r equire states to r ecognize valid m arriages i n other states? Courts D ecisions a nd Reason They ruled t hat s tates are r equired t o recognize same s ex m arriages,and d enying their right t o a l icensed marriage violates t he 1 4th a mendment. I t was a 5 -4 majority. Justice J ohn Roberts, a rgues t hat the c onstitution d oes n ot s pecify whether o r not same sex m arriage should be l egal, a nd that i t s hould b e d ecided in state courts. Impact This c ase g reatly i mpacts society because same sex was m ade l egal. This a llows f or more a cceptance i n America.
41 My Decision I w ould a gree w ith h ow they r uled because same sex m arriage does not a ffect anybody else’s w ay o f l iving. As I stated e arlier, the a llowance of s ame sex marriage w ill c reate a more a ccepting and safe e nvironment f or o ur c ountry's children. T his w ould help stop bullying, and p eople feeling as if they cannot be them s elf University of California v B akke 1977 Facts Overview Allan Bakke, an A frican American, applied t o t he U niversity o f C alifornia's m edical school t wice, and was rejected both times. The school o nly h ad 1 6 spots a vailable for minorities, a nd a lthough Bakke’s gpa w as much h igher than other minorities w ho have b een a ccepted, he w as s till r ejected. Bakke took his c ase t o the s upreme court because h e felt t hat he was b eing d enied b ecause of h is r ace. People/Organizations Involved: ● Allan B akke ● University of California Constitutional Question Does d enying B akke a dmittance t o the school based o n his race v iolate t he equal protection c lause of t he 14th a mendment.? Courts Decisions a nd Reasons The court decide 8-1 i n favor of B akke.
42 The justices argued t hat n ot a llowing s omeone into a school b ased on race does violate the 1 4th amendment. The U niversity o f California s till went o n to use r ace as f actor when d eciding w ho gets accepted. Impact This C ase did not h ave a h uge impact b ecause s chools a nd other o rganizations were still using r ace as a d ecision f actor. My D ecision I w ould s ide with B akke b ecause i t is unfair to make decisions based o n r ace. This does v iolate t he 14th amendment and t herefore s hould not be allowed. Everybody deserves an equal o pportunity. Mclaurin v . O klahoma S tate R egents 1950 Facts Overview George w. M claurin w as d enied entry to t he u niversity o f Oklahoma. W hen he was denied, he sued t he university on the b asis o f the equal protection clause o f t he 14th a mendment. People/Organizations Involved: ● George W. Mclaurin ( plaintiff) Constitutional Question
43 Does d enying his entry based o n race v iolate the 1 4ht a mendment? Courts Decisions a nd R easons On a ppeal, A vote c ount of 9 -0 favoring MClaurin m ade d enying entry t o a s chool for a higher education based on race v iolated t he equal p rotection c lause o f the 14th a mendment. Impact This case a llows m inorities a n e qual chance of o pportunity, w hich allows for a better a nd s tronger country because e verybody is united. My D ecision I a gree w ith the ruling b ecause not allowing someone a n o pportunity because of their r ace is s imple m inded and a bsurd. I f people are p itted against each o ther because of race then how can o ur c ountry be u nited? Smith v . Allwright 1944 Facts Overview The Texas c ourt a llowed p arties to m ake r ules about who g ets to v ote. The democratic party o nly allowed w hites to t ake p art i n primary elections. Lonnie Smith, a b lack man, felt this violated t he equal r ights clause o f the 14th amendment, a nd the 15th a mendment. People/Organizations Involved: ● Lonnie S mith ● Democratic P arty
44 Constitutional Question Does d enying blacks t o v ote v iolate the 14th and 1 5th a mendments? Courts D ecisions a nd Reasons The supreme court found t hat denying African A mericans the right to vote was in fact unconstitutional. T his is b ecause t he democratic party i s p art of t he government. Justice Reed a rgued that A state cannot \"permit a private o rganization to p ractice racial d iscrimination\". The vote count w as 8 -1. Impact This impacts s ociety because i t g ives A frican Americans and o ther minority g roups the rights t o v ote, which ipact who our p olitical leaders are, a nd what laws are made. It also a ffected o ther s tates with similar laws and r egulations. My Decision I would s ide with Smith because h e a nd o ther m inorities deserve t he c hance to voice their opinion.
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46 Miller v . J ohnson 1995 Facts Overview In the course of t en years, t here w as o nly one district in G eorgia t hat w as m ajority black. Georgia created a n eleventh d istrict that was majority b lack. T his was challenged because p eople believed racial gerrymandering violates the 1 4th amendment. People/Organizations I nvolved: ● Miller ● Johnson Constitutional Q uestion Is r acial g errymandering a violation of the 11th a mendment? Courts Decisions and Reasons The d ecision w as 5 -4 s aying t hat r acial gerrymandering i s a v iolation of the 14th amendment. This w as r uled in the case S haw v. R eno, a nd h as n ot been overruled. Impact This s ingle c ase d oes not have a big impact o n its own, b ut a ll r acial g errymandering cases stop states f rom drawing d istrict l ines b ased on p eople race. My Decision I w ould side w ith t he people because racial g errymandering is u nconstitutional because i t c reates d isadvantages for c ertain races.
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