Court Cases,Which amendment Is incorporated?
Gitlow v. New York
The 1st and 14th Amendment.
Cantwell v. Connecticut
The Court said the Cantwells’ actions were protected by the First and Fourteenth Amendments
Duncan v. Louisiana
A black man was found guilty for allegedly assaulting a white youth and was denied the request for a jury trial.
Article I – The Legislative Branch.
The principal mission of the legislative branch is to make laws. It is split into two different chambers – the House of Representatives and the Senate. Congress is a legislative body that holds the power to draft and pass legislation, borrow money for the nation, declare war, and raise a military. It also has the power to check and balance the other two federal branches.
When a party wants its case reviewed, it asks the Supreme Court to direct the lower court to supply the Supreme Court with the records of the case. Most cases come to the Supreme Court via these, but few such cases are actually heard.
writ of certorari
DeJonge v. Oregon
The 14th Amendment.
Wolf v. Colorado
The Colorado Supreme Court upheld all three convictions in which evidence was admitted that would have been inadmissible in a prosecution for violation of a federal law in a federal court.
Everson v. Board of Education
96% of the private schools who benefitted from the government were parochial Catholic schools.
Article II – The Executive Branch.
This branch of the government manages the day-to-day operations of government through various federal departments and agencies, such as the Department of Treasury. At the head of this branch is the nationally elected president of the United States.
a writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. If the imprisonment is not justified, the court orders that the prisoner be released. It may also be used to bring a person in custody before the court to give testimony or to be prosecuted. It's also known as the Great Writ.
writ of habeas corpus
Hague v. CIO
The 1st and 14th Amendment.
Mapp v. Ohio
Dollree Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive. She appealed her conviction on the basis of freedom of expression.
McDonald vs. Chicago
Several suits were filed against Chicago and Oak Park in Illinois challenging their gun bans after the Supreme Court issued its opinion in District of Columbia v. Heller.
Article IV – The States
his article defines the relationship between the states and the federal government. The federal government guarantees a republican form of government in each state, protects the nation and the people from foreign or domestic violence, and determines how new states can join the Union. It also suggests that all the states are equal to each other and should respect each other’s laws and the judicial decisions made by other state court systems.
a written document that a lawyer uses to give the court the facts essential to his case and the legal arguments that support his side.
brief
Everson v. Board of Education
The 1st Amendment.
Gideon v.Wainwright
The Court reasoned that the Sixth Amendment's guarantee of counsel is a fundamental and essential right.
Gideon v.Wainwright
Gideon was not represented, although he requested for an attorney, but was denied.
Article III – The Judicial Branch.
Article III outlines the powers of the federal court system. The article states that the court of last resort is the U.S. Supreme Court and that the U.S. Congress has the power to determine the size and scope of those courts below it.
it's an unwritten rule that a case will not be heard by the Supreme Court unless at least four justices vote to review it.
rule of four
McDonald vs. Chicago
The 2nd Amendment
Washington v. Texas
The Supreme Court held that the Sixth Amendment right to compulsory process is so fundamental that it is incorporated in the due process clause of the Fourteenth Amendment.
Washington v. Texas
Washington was convicted of murder and sought to testify but he couldn’t due to a state statute that prevented persons charged in the same crime from testifying on behalf of one another.
How long are the judges appointed for?
All judges are appointed for life unless they resign or are charged with bad behavior. Those facing charges are to be tried and judged by a jury of their peers.
"a friend of the court" a person or group who is not a party to the lawsuit who has information or experience that is thought will be helpful in deciding the case. They sometimes are parties who will be affected by the outcome of the case. They may be asked by one side or the other to participate or, with permission of the Court, they may join the case on their own initiative.
amicus curiae