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Why did Dred Scott sue?
Scott was forced to travel to free states with his owner, so he argued that he was free because he resided in free states for a time. (He was also encouraged to sue by abolitionists)
Dred Scott v. Sandford year and chief justice
1857, Roger Taney
Dred Scott v. Sandford question and decision
Do enslaved people have the same rights as citizens, e.g. right to a fair and speedy trial?
The court decided no (African Americans are not citizens, and thus are not entitled to any rights).
Quote from Dred Scott v. Sandford decision
“No Black man has any rights that a white man upholds”
Roger Taney used the Dred Scott v. Sandford case to also declare the _____ _____ unconstitutional.
Missouri Compromise
The Missouri Compromise is unconstitutional, Roger Taney says, because Congress does not have the authority to take away people’s _____, including slaves, in the territories.
property
McCulloch, a cashier at a branch of the National Bank, refused to pay the _____ that Maryland imposed on the National Bank.
tax
McCulloch v. Maryland year and chief justice
1819, John Marshall
McCulloch v. Maryland questions and court decisions
Does Congress have the authority to create a National Bank?
Do states have the authority to tax federal entities (like banks)?
The court decided no for both.
Quote from McCulloch v. Maryland decision
“The power to tax is the power to destroy“
Gibbons v. Ogden story
Ogden held a license under a New York company that allowed for steamboat navigation on a route through New Jersey, but Gibbons had a federal license for the same route without the permission of New York.
Gibbons v. Ogden year and chief justice
1824, John Marshall
Gibbons v. Ogden question and decision
Is interstate commerce managed by the states or by Congress alone? (The Constitution says only Congress can manage this)
The court says only Congress can manage interstate commerce.
Marbury v. Madison story
John Adams appointed “midnight judges” as a last-minute attempt to sway the courts to the Federalist party, but his Secretary of State, John Marshall, couldn’t deliver them before Jefferson officially took office. Marbury, one of these midnight judges, knew he was going to be appointed, but never received his commission, so he asked for a writ of mandamus, ordering Madison (the now Secretary of State) to deliver his commission.
Marbury v. Madison year and chief justice
1803, John Marshall
Marbury v. Madison question and decision
Does the Supreme Court have the authority to issue a writ forcing Madison to deliver Marbury’s papers?
The court decided Marbury was entitled to his papers, but the court could not issue a writ because issuing a writ conflicted with the Constitution.
What power does the Marbury v. Madison decision give the Supreme Court?
judicial review
Worcester v. Georgia story
Worcester was a minister who helped Native Americans learn their rights, but was arrested by Georgia for living on Cherokee land, even though Cherokee land is technically not Georgia territory.
Worcester v. Georgia year and chief justice
1835, John Marshall
Worcester v. Georgia question and decision
Does Georgia have the authority to enforce its laws within Cherokee territory?
The court ruled no.
Jackson enforced the Worcester v. Georgia decision (True/False).
False (he ignored the decision)
The decisions of Marbury v. Madison, McCulloch v. Maryland, and Gibbons v. Ogden all expanded _____ _____.
federal power
The decision of Worcester v. Georgia expanded _____ _____ rights.
Native American
The decision of Dred Scott v. Sandford limited _____ authority.
federal
Plessy v. Ferguson story
Plessy rides on a white-only train car in Louisiana, and he is arrested for violating the Separate Car Act. (Ferguson is Louisiana judge)
Plessy v. Ferguson year
1896
Plessy v. Ferguson question and decision
Does the Separate Car Act violate the 13th/14th amendments? More generally, is segregation unconstitutional?
The court ruled no for both.
Plessy v. Ferguson legitimized…
Black Codes and Jim Crow laws