
Landmark Supreme Court Cases.1
Quiz by Erin O'Rourke
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Which court case established Judicial Review?
In Dred Scott v Sanford, what was determined to be a prerequisite of citizenship?
Term applied to cases that go directly to the US Supreme Court: disputes between two or more states, disputes between branches of the federal government and/or the states, disputes involving ambassadors and/or citizens from other countries.
What was the first act or law to be declared unconstitutional as a result of Marbury v Madison?
Although the Supreme Court's decision in Mc Culloch v Maryland overturned lower court decisions and affirmed the Constitutional authority of Congress to commission a national bank, states may levy taxes on the national bank according to their state laws.
In Korematsu v US, the Supreme Court determined that Executive Order 9066 did not violate the 14th Amendment, therefore Executive Order 9066 was
According to the Supreme Court decision in Dred Scott v Sanford, although Dred Scott was born in the US, he was not considered a US citizen and thus entitled to the rights and privileges guaranteed by the Constitution.
In Plessy v Ferguson, the Court determined that the Separate Car Act did not violate the 14th Amendment.
In Gibbons v Ogden, the Court determined that the Commerce Clause gave Congress the power to regulate the interstate flow of persons and goods.
In Marbury v Madison, the Court determined that the Constitution did not give it power to issue a writ of mandamus, an order that would compel a separate and coequal branch of government to do something.
In Plessy v Ferguson, which precedent was established?
An important constitutional principle in McCulloch v Maryland is
In Brown v Board of Education, "separate but equal" was determined to violate the 14th Amendment and therefore was
In which Article of the Constitution can the additional wartime powers of the Executive Branch be found?
Schenck v US is a _____ Amendment case.
Which US Supreme Court precedent was overturned in Brown v Board of Education?
In Schenck v US, Schenck's conviction under the Espinoge Act was overturned.
The Court in Brown v Board of Education decided that "segregation of public schools by race violates the equal protection Clause of the 14th Amendment."
Which Article in the Constitution contains the Necessary and Proper Clause (also known as the Elastic Clause) which forms the basis for Congress' Implied Powers?
The Supremacy Clause in the Constitution establishes
After Korematsu v US:
1976: President Gerald R. Ford issues Proclamation 4417 repealing Executive Order 9066.
1984: Judge Patel issues her formal written opinion overturning Korematsu’s conviction.
1988: President Ronald Reagan signs the Civil Liberties Act. The law provides an apology from the government and redress of $20,000 to each survivor incarcerated under Executive Order 9066.
1998: Korematsu receives the Presidential Medal of Honor from President Bill Clinton.
2018: In Trump v Hawaii, Chief Justice John Roberts declared: “The forcible relocation of U.S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of presidential authority. Korematsu v US was gravely wrong the day it was decided, has been overruled in the court of history, and — to be clear — ‘has no place in law under the Constitution.’”
Do you think that Justice John Roberts utilized an Originalist or Living Constitutionalist perspective?
https://famous-trials.com/korematsu/2561-korematsu-v-united-states-a-chronology
After the Dred Scott v Sanford decision, "Mrs. Emerson gave the Scott family to U.S. Representative Taylor Blow from Missouri, who manumitted them in 1857. Manumission was the act of an someone willingly freeing the enslaved people they owned."
Given that:
1. There was official process and a term for the freeing of enslaved persons
2. According to Justice Mc Lean, "free black men were citizens in at least 5 states in 1787"
3. While the Constitution states 3/5 "of all other persons" in Article I Section II, it does not clarify "other persons" as a permanent condition
4. And finally, although the 3/5 Compromise prohibited Congress from legislating against the slave trade until 1808, beginning in 1808 Congress passed the Act Prohibiting the Importation of Slaves along with additional anti-slavery legislation.
Do you think the Chief Justice Taney utilized a Living Constitution or Originalist perspective when he wrote the majority decision determining that the Framers "did not intend for those who are enslaved to be considered citizens?"