MCCULLOCH THROUGH BROWN 3 Supreme Court Decisions MCCULLOCH

MCCULLOCH THROUGH BROWN 3 Supreme Court Decisions

MCCULLOCH V MARYLAND (1819) • Battle over States v Federal Power (Federalism) • Issue: What does the “necessary and proper” clause of Article I mean? • Decision: • Federal Law is Supreme to States • Necessary and Proper Clause gives implied powers to Congress • If the ends are necessary, the means are constitutional • “A Constitution intended to endure for ages…”

PLESSY V FERGUSON (1896) • Is Racial Segregation legal? Can Separate be Equal? • Issue: What is the meaning of the 14 th amendment? (Equal Protection under the Law) • Decision: • Political equality and Social Equality are distinctly different • 14 th Amendment grants political equality, not social equality • Dissent: • “The thin disguise of ‘equal’ accommodations for passengers in railroad coaches will not mislead anyone, nor atone for the wrong this day done. ”

BROWN V BOARD OF EDUCATION (1954) • Sweatt v Painter (1950) had already admitted African American students to previously segregated University of Texas Law School • No equal facility existed • Issue: Did the Court get Plessy right? • Decision: • “In the field of public education the doctrine of ‘separate but equal’ has no place. ” • Segregation with the sanction of law is psychologically detrimental to African Americans

TINKER V DES MOINES (1969) • Students wanted to protest involvement in the Vietnam War. • Issue: What constitutes “free speech”? • Decision: • The armbands worn by the students was protected “speech”. • “It can hardly be argued that students… shed their constitutional rights…at the schoolhouse gate. ” • Dissent: • Protest cannot legally disrupt school routine and classwork. • “The right to swing your fist ends at the tip of my nose. ”

MIRANDA V ARIZONA (1966) • Miranda was interrogated for 2 hours without being advised of his right to counsel or his right to remain silent. He confessed to kidnapping and rape. • Issue: • 5 th Amendment protection from self-incrimination • When is a confession legal? • Decision: • While in custody, people make poor decisions due to high stress, therefore safeguards MUST be employed. • This decision ONLY applies to suspects under interrogation