court cases 7-12

Question 1

dennis v us

Answer 1

national security > freedom of speech; the leaders of the CPA (communist party of america) were arrested for violating the smith act of 1948, which made it unlawful to conspire to overthrow US government

1st amendment

smith act didn’t inherently violate 1st amendment; distinction between teaching and advocacy (clear and present danger), and success or the probability of success of advocacy ≠ restriction of 1st amendment

Question 2

engle v vitale

Answer 2

the board of regents for NY authorized prayer for recitation at school (attempt to defuse the issue by taking out of the hands of local communities)

1st amendment

nondenominational/voluntary ≠ constitutional; providing prayer = NY approved religion; 1st of series that used establishment clause to eliminate religious activities that had been part of public ceremonies; unpopular

Question 3

ecobedo v illinois

Answer 3

escobedo was questioned, and the police refused his request to see his lawyer; escobedo confessed to murder

6th amendment

(majority opinion) an absolute right to remain silent; escobedo wasn’t informed of that right; the case lost authority as precedent as the arguments in police interrogation/confession have shifted from 6th→5th amendment, emphasizing whether the warnings have been given/right to remain silent has been waived

Question 4

furman v georgia

Answer 4

furman was burglarizing, when he attempted to flee he fell and his gun went off and killed a resident, convicted of murder, sentenced to death

8th/14th amendments

death penalty in these cases were cruel/unusual punishment; decision based on consistency/making sure death penalty not used in capricious/disciminatory way

Question 5

gregg v georgia

Answer 5

gregg was guilty of armed robbery/murder→sentenced to death, but georgia supreme court affirmed the sentence except for imposition for robbery conviction

8th/14th amendments

punishment of death ≠ violation of amendments in all circumstances (extreme cases: careful judicious use of death penalty is okay if carefully employed); georgia’s death penalty requires bifurcated proceeding (trial/sentencing done separately)

Question 6

gibbons v ogden

Answer 6

(NY state law gave 2 people right to operate steamboats within state jurisdiction; copied by other states→some states allowed foreign boats to pay fees for navigational privileges) man did business between NY and NJ, challenged the monopoly NY had granted→he needed to get a special permit

commerce clause

NY out-of-state licensing requirement of operators was inconsistent with congressional act regulating coastal trade; NY law invalid by supremacy clause (constitution=law of the land); clear definition of “commerce”, “among the several states” in commerce clause; regulation of navigation for steamboats/conducting interstate commerce was a power reserved to/supersized by congress