The Constitution

Gloria J. Browne-Marshall

Description

A road map that takes students through the evolution of the Supreme Court and its decisions, including the full text of many landmark Supreme Court cases

Written primarily for undergraduate courses in criminal justice, constitutional law, and government, The Constitution: Major Cases and Conflicts offers the full text of many landmark Supreme Court cases, selected both for the combinations of constitutional issues they involve and for their continuing relevance today.



This text is of particular interest to criminal justice students because it includes civil cases as well. This is important because various situations involving First Amendment issues, such as protest, can give rise to criminal justice issues when protesters are arrested for disorderly conduct. Thus, this book exposes the criminal justice (and any other) student to both civil and criminal Supreme Court cases along with explanations of their social and historical importance.



The decisions in The Constitution: Major Cases and Conflicts, chosen from among the thousands available, involve multiple layers of legal conflict, so that by studying them, the student can come to understand converging ideals within the Constitution. They also offer insights into American culture that remain relevant to present-day society, and provide a road map through the evolution of the Supreme Court and its shifting reasoning on issues such as federalism, protest, the right to counsel, search and seizure, and civil rights.

About the Author; Preface; Declaration of Independence; The Constitution of the United States; The Amendments to the Constitution of the United States; 1 The Judicial Branch; 2 Federalism; 3 Civil Rights / Human Rights; 4 Civil Liberties; 5 Executive and Legislative Powers; 6 Fourth Amendment Rights; 7 Fifth and Sixth Amendment Rights; 8 Eighth Amendment Rights; Table of Cases; Index.

Sujets

• HISTORY
• POLITICAL SCIENCE
• Droit et juridique
• South
• Americas
• History of the Americas
• Civil law
• Liste de constitutions nationales
• Central

Informations

• Publié par: Anthem Press
• Date de parution: 30 septembre 2020
• Nombre de lectures: 4
• EAN13: 9781785274909
• Langue: English

Extrait

The CONSTITUTION
The CONSTITUTION
Major Cases and Conflicts
Fourth Edition
Gloria J. Browne-Marshall
Anthem Press
An imprint of Wimbledon Publishing Company
www.anthempress.com
This edition first published in UK and USA 2020
by ANTHEM PRESS
75–76 Blackfriars Road, London SE1 8HA, UK
or PO Box 9779, London SW19 7ZG, UK
and
244 Madison Ave #116, New York, NY 10016, USA
Copyright © Gloria J. Browne-Marshall 2020
The author asserts the moral right to be identified as the author of this work.
All rights reserved. Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise), without the prior written permission of both the copyright owner and the above publisher of this book.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library.
Library of Congress Control Number: 2020940398
ISBN-13: 978-1-78527-488-6 (Hbk)
ISBN-10: 1-78527-488-0 (Hbk)
This title is also available as an e-book.
Dedicated To —
My Constitutional Law Students
Past, Present & Future
The police must obey the law while enforcing the law.
Spano v. New York , 360 U.S. 315 (1959)
CONTENTS
About the Author
Preface
Declaration of Independence
The Constitution of the United States
The Amendments to the Constitution of the United States
1 The Judicial Branch
Marbury v. Madison
2 Federalism
McCulloch v. Maryland
3 Civil Rights / Human Rights
Equal Protection and Due Process
Slavery in America
Dred Scott v. Sanford
“Separate but Equal”
Plessy v. Ferguson
The Aftermath of Plessy
Gong Lum v. Rice
The Civil Rights Movement
Separate Is Inherently Unequal
Brown v. Board of Education of Topeka (I)
With All Deliberate Speed
Brown v. Board of Education of Topeka (II)
Marriage and Race
Loving v. Virginia
Wartime Internment
Korematsu v. United States
4 Civil Liberties
Freedom of Speech, the Press and Protest
New York Times Co. v. Sullivan
Protest
Tinker v. Des Moines Independent Community School District
Texas v. Johnson
Gender and Justice
Roe v. Wade
Whole Woman’s Health v. Hellerstedt, Commissioner, Texas Department of State Health Services
Same-Sex Marriage
Obergefell v. Hodges
5 Executive and Legislative Powers
Inter-state Commerce
Katzenbach v. McClung
Immigration
Arizona v. United States
Executive Powers
United States v. Nixon
6 Fourth Amendment Rights
Search and Seizure
Weeks v. United States
Wolf v. Colorado
Mapp v. Ohio
The Warrant
Illinois v. Gates
California v. Greenwood
Stop and Frisk
Terry v. Ohio
Search and Seizures in the Age of Technology
Katz v. United States
Kyllo v. United States
Riley v. California
7 Fifth and Sixth Amendment Rights
Sixth Amendment Appointment of Counsel
Powell v. Alabama
Assistance of Counsel
Betts v. Brady
Gideon v. Wainwright
Fifth Amendment Protection Against Self-Incrimination
Escobedo v. Illinois
The Miranda Warning
Miranda v. Arizona
8 Eighth Amendment Rights
The Eighth Amendment
Estelle v. Gamble
The Use of Deadly Force
Tennessee v. Garner
Juveniles and Incarceration
Miller v. Alabama
Table of Cases
Index
About the Author
Gloria J. Browne-Marshall is a professor of constitutional law at John Jay College (CUNY). She has published many peer reviewed articles, book chapters and is the author of many books, including Race, Law, and American Society: 1607 to Present, The Voting Rights War: The NAACP and the Ongoing Struggle for Justice and She Took Justice: The Black Woman, Law, and Power –1619 to 1969 . She has taught at Vassar College. Prior to academia, Prof. Browne-Marshall litigated cases for Southern Poverty Law Center, Community Legal Services of Philadelphia, Inc., and the NAACP Legal Defense and Education Fund, Inc. Gloria Browne-Marshall is a civil rights attorney who speaks on issues of law and social justice, nationally and internationally.
Preface
The Constitution affects our lives on a daily basis. These U.S. Supreme Court decisions were chosen from the thousands of cases decided by the United States Supreme Court for several reasons. These particular decisions have multiple layers of legal conflict. In examining the conflicts, the reader can understand converging ideals within the Constitution. Second, these cases offer insights into American culture that remain relevant and important to present-day society. Third, the issues in need of resolution provide a road map through the evolution of the Supreme Court. The cases demonstrate shifts in the Court’s reasoning and rationale.
In providing a fuller text of Court cases, the reader can discern the intricacies of these historic decisions. The concurring and dissenting opinions offer insights into the differences and similarities between the justices and the effect of social movements, passage of time and politics. Each Justice reviews the identical facts and legal precedent. However, the divergence in outcomes may be attributed more to background than reasoning. Action as well as inaction can be an effective tool of the Court.
Supreme Court cases are American history. These cases are legal decisions that represent important issues of their time. Each must be examined in light of social and political events within their era, the composition of the Court and context of the subject matter. It is relevant to the understanding of the decision to know the mores of the time, whether the nation was at war, at peace or having an economic struggle. To take a case from its social and political moorings is to undermine its power on government and impact on society. The Judicial Branch is co-equal in power to the President of the United States and the Congress. Five members of the high Court can create the law of the land. For this reason, above all, the study of constitutional law should be an ongoing one.
Declaration of Independence
[Adopted in Congress 4 July 1776]
The Unanimous Declaration of the Thirteen United States of America
When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. — Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world.

He has refused his assent to laws, the most wholesome and necessary for the public good.
He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved representative houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large f