Marbury vs. Madison(CITATION
Summary of Case:
Marbury vs. Madison which is said to be the most important case the Supreme Court has ever had to deal with till this day still affects the power and control that the constitution has over all courts. In 1800 former President John Adams lost the presidential election to Thomas Jefferson. Before President John Adams left office he appointed 16 judges from his federalist party to the District of Columbia Courts. Shortly after the 16 judges were appointed the appointments were approved by the Senate and signed off by the President. The last step before the appointed judges could enter office was a commission. A very important paper that today would compare to a workers permit. These commissions had not been given to the judges which meant they could not start there jobs, and when President Thomas Jefferson entered office in March of 1801 he wouldn’t give out the commissions. Instead he handed the letters of commission over to James Madison to keep until he said otherwise. With time passing and nothing changing one of the appointed judges William Marbury decided to take the case and James Madison to the Supreme Court.
Summary of the disposition:
Marbury walked into court demanding for a Court order. Marbury wanted to know exactly why he couldn’t get his commision. Chief Justice John Marshall who also was appointed by Adams ruled on the case. John Marshall agreed that Marbury should be able to get his commission but the Supreme Court did not have the right to force madison to give over the commissions. This was all due to the Judiciary Act of 1789 because it gave the Supreme Court power over the Constitution which the court shouldn’t have(this can be found in section 13 of the Judiciary Act of 1789). Therefore the commissions couldn’t be handed over forcefully.
Analysis of the Court: The court did not have the power to force Thomas Jeffereson to hand over the commissions due to their power as a court, but they would try to direct Thomas Jeffereson in the way of handing over commissions.
What role did the chief of Justice Play:
In this case John Marshall was the Chief of Justice. Marshall decided to rule on the case because this was a perfect case to bring up important legal presence a resolution that continued far from this case. He stated points that made this case unique but the biggest point being that the Supreme Court could not force Madison to give over the commission. Marshall had the court rule on itself and brought up the Judiciary Act of 1789. In section 13 of the Judiciary Act of 1789 it disobeyed the Constitution by giving the court power that it shouldn’t have. Also Marshall opened the eyes of the authority of congress stating that the Constitution is the Supreme Law of the land and we should always turn to the Constitution when in need of answers. Marshall established Judicial Review.
Where did the case Originated:
The case went straight to the supreme court because during that time you did not have to go through a lower court.
Why is this case important? How does it relate to present day?:
This case was an eye opener to our country. This was not the only case that the Supreme Court had tried to have power over Judicial Review. For years before the Law Of The Land (constitution) has been overlooked by the Supreme Court and this is the case that changed it all. In present day we now always turn first to the Constitution to our first line of defense because of what happened in this case that’s what makes this case so important.
Tinker vs. DMICSD(CITATION
Summary:
5 children aged 8-16 planned to make a statement, little did they know it would cause such a huge problem and leave them fighting for their rights. In December of 1965 these 5 students decided to wear black armbands throughout the holiday season to protest the ongoing war in vietnam. When Des Moines School caught on to the plan of the students they decided to suspend them and created a policy that any student that proceeds to wear a black armband would be asked to take it off and if not they would be suspended. Beth Tinker & Christopher Eckhardt wore their armbands anyway and were sent home. The very next day John Tinker decided to wear his armband and was also sent home. The students could not go back to school until after New Year’s which was supposed to be the last day of the protest. The students' parents decided to sue the school district because it was violating the students first amendment rights.
Disposition:
The court ruled for Tinker in the Tinker vs. DMICSD case. The court believed that just because students step foot on school property does not mean that they lose their first amendment rights, but however
Analysis of Court: The opinion of the 7-2 ruled for Tinker. The Supreme Court expressed that the armbands represented freedom of speech and by banning students from wearing the armbands was a violation of the number one Amendment(freedom of speech).
What role did the chief of justice play:
The Chief of Justice in this court was Justice Abe Fortas as a Chief justice he delivered the conveyed the news of the majority (7-2). The Supreme Court then believed the armbands where a representation of the first amendment right.
Where case originated: The case originated at the District Court where it was ruled that the schools and district actions feasible. The petitioners did not agree with this ruling, so they decided to bring the case to the Supreme Court.
Why is this important? How does this relate in today's world?:
This case was the inspiration to many of today's student led protests,summits walkouts etc. This case proved students have the same Amendment rights as any other American, and that their rights are not forsaken when students are under the supervision of school officials.
Citizen United vs. FEC (CITATION
558 US _ (2010)
Summary:
Citizen United vs. FEC was a case involving Citizens United, a non-profit organization that mainly takes donations from private Citizens and small portions of the donations from corporations. Also involved in this case was the Federal Election Commission,an Independent Regulatory Agency which job is to apply campaign finance law in Federal Elections. In 2002 Congress passed the BCRA (The Bipartisan Campaign Reform Act) which is a US federal law which coordinates the financing of political campaigns which prevents corporations and union labor to finance election campaigns unlimited funds. In 2008 when Citizens United freed negative ads and Hiliary: The movie it erected worries under the section 441(b) of the BCRA act of 2002, but Citizens United identified there ads and movie as “express advocacy”. A group of Senators including complained to the FEC against Citizens United Practices and while the FEC wanted to apply the law against the Citizens United, the Citizens United decided to bring the case to the District Court of Washington D.C asking the court to ban the act.
Disposition:
The Court denied their request, and so Citizens United decided to appeal to the Supreme Court. At the Supreme Court majority ruled for Citizens United being that just because Citizens United has a corporate identity doesn't affect their first amendment rights.
Analysis of court:
The opinion of the 5-4 ruled for Citizen United. The Majority of the Supreme Court agreed that the First Amendment defends freedom of speech even though they have a corporate identity.
Role Chief of Justice Played:
The chief of Justice for this case was Anothny M. Kennedy. He delivered the news given to him from the majority opinion (5-4).
Where Case Originated:
The case originated in the District of Washington D.C, but when Citizen United felt as if they were still correct after being denied they decided to appeal to the Supreme Court.
Why is this important? How does this relate in today's world?:
Today in the world you see everybody get there way with money, so when this case was taking place it was looked at as unfair because it could be looked at as money vs. Citizens.
Analysis of the Amendments:
In all the cases I researched and wrote about i notice that there's been one common Amendment that kept popping up which was the first amendment. The first amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”(google). To come to an easy solution all of that meant the first amendment protects freedom or religion, freedom of speech, freedom of the press and a lot more. In all cases Citizens believed that this right was violated. In Tinker vs. DMICDC freedom of speech was violated, in Marbury vs. Madison you can say freedom of the press was violated so they came up with the solution of Judicial Review and last in Citizen United vs. FEC freedom of speech again. These three cases really opened my eyes to the world of government and how rights can be used in various ways.
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