Alexander Hamilton

Federalist #78

John MarshallMarbury v.

Madison (1803)

Scott v. Sandford (1857)

Missouri Compromise of 1820

13th Amendment (1865)

Brown v. Bd. of Education (1954)

Southern Manifesto.

Texas v. Johnson (1989)

Communist, anti-Reagan protestor.

Flag burning =free speech

“Rights in conflict.”

Schenck v. U.S. (1919)

Oliver Wendell Holmes, Jr.

“Clear and Present Danger” Test

Roe v. Wade (1973)7-2 decision

Today’s Supreme Court:

5 appointed by Republican (pro-life) presidents.

4 appointed by Democrat (pro-choice) presidents.

Korematsu v. U.S. (1944)

Japanese internment5th Amendment –

Due Process?

Thesis: The 14th Amendment greatly increased the power and the reach of the Supreme Court!

Business damaged by state action.

Barron sues.

Maryland state courts refuse compensation.

Barron appeals to federal S.C. on 5th Amendment grounds.

Government can’t deny life, liberty or property without due

process (“Due Process” clause).

Chief Justice John Marshall.

Does the Bill of Rights restrict STATE actions?

S.C. says, NO!

FEDERALISM

StateS.C.S.C.

President

Congress

StateGovt.

Const.

Bill of

Rights

State Const

.

13th Amendment (1865) – outlawed slavery.

Black codes (STATE laws) limited the rights of freed

slaves.

Barron decision limited STATE cases to STATE courts.

StateS.C.

State District Courts

State Appeals Courts

To Fed.Courts

Jury

Gives citizenship to anyone born in the United States.

“No STATE can deny life, liberty or property without due

process.”

“Nor shall any STATE deny the equal protection of the laws.

FEDERALISM

StateS.C.

S.C.14th Amendment

Congress

President

StateGovt.

Const.

Bill of

Rights

State Const

.

The Barron decision limited state cases to state courts.

Black codes showed that not all states are fair to all citizens.

14th Amend was originally intended to help freed slaves.

Now it can be used by anyone to challenge unfair state laws & actions.

Re-statement of Thesis: The Supreme Court is immensely more powerful as a result of

the 14th Amendment!