Marbury V. Madison (1803) Facts: Congress enacted the Organic Act which authorized John Adams to appoint forty-two justices of the peace for the District of Colombia. In the confusion of the Adams administration’s last days in office‚ Marshall (then Secretary of State)‚ failed to deliver some of these commissions. When the new administration came into office‚ James Madison‚ the new Secretary of State‚ acting under orders from Jefferson‚ refused to deliver at least five of the commissions. William
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Citation Eisner v. Macomber‚3 AFTR 3020‚ 252 US 189‚1 USTC ¶32 (US‚ 1920) Issue (1) Under the 16th Amendment‚ does Congress have the power to tax stock dividends received by the Macomber? (2) Are stock dividends considered income? Facts Mrs. Macomber owned 2‚200 shares of Standard Oil Company. In January 1916‚ Standard Oil Company declared a 50% stock dividend. Mrs. Macomber received an additional 1‚100 shares of stock with a $19‚877 par value. The shares represented a surplus for Standard
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McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes‚ Congress may charter a bank as an implied power under the "necessary and proper" clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word "expressly" particularly caused major problems and therefore was omitted from the Constitution‚ because if everything in the Constitution had to be expressly stated
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NASH v. AUBURN UNIVERSITY FACTS: Two Students of Auburn University David Nash and Donna Perry were accused of cheating on their anatomy exams‚ which was a violation of the Student Code of Professional Ethics at Auburn. At a university hearing which was to determine the merits of their charge‚ faculty and student witnesses testified they observed Nash and Perry cheating in various way and at multiple times during their exams. At the conclusion of the hearing the students were suspended from the
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Tinker v. Des Moines Independent Community School District et al‚ 393 U.S. 503 (1969) Facts: Petitioner was John F. Tinker‚ Mary Beth Tinker‚ and Christopher Eckhardt‚ high school students in Des Moines‚ Iowa. In December 1964 several students were joined in protesting the Vietnam War. The form of protest was to wear a black armband for two weeks. When protesters arrived at school they were told to remove the arm bands or be suspended. Students took the suspension and did not return to
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Furman v. Georgia Nicholas‚ 4 Furman v. Georgia: The Death Penalty Ethan Nicholas Liberty High School AP Government 4A Furman v. Georgia was one of the many court cases that dealt with the death penalty. This time‚ the topic of the death penalty was reviewed by the U.S. Supreme Court in 1972. This particular case ruled that the death penalty was cruel and unusual punishment violating the Eighth and Fourteenth Amendments. ?The ban on ?cruel and unusual punishments? is one of the most difficult
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Professor Swenson Criminal Law November 27‚ 2012 McCleskey v. Kemp Mr. McCleskey was a Black man‚ that was convicted of two counts armed robbery and one count of murder in the Supreme Court of Fulton County‚ Georgia. His convictions were due to the robbery of a furniture store and the killing of a white police officer while the robbery was occurring. There was evidence presented at trial that proved one of the bullets to be from a .38 caliber Rossi revolver‚ which fit the description of
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Scott Simmon offers that you should " pick the perfect profanity to season your message". This is the perfect way to explain how often or how much we should use profanity. I agree with Scott Simmon‚ we should add profanity not pour it. Profanity has power‚ shows authority and gains attention. Scott Simmon states that "profanity can remind us of the power of words convey intense emotion". The power released through profanity causes the receiver to understand the seriousness of the situation. Whether
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Miranda V. Arizona‚ 384 U.S. 436 (1966) Miranda V. Arizona is case where Mr. Ernesto Miranda who was suspected for kidnapping and rape of 18 years old woman. After Mr. Miranda is arrested and identified by victim‚ police interrogated him for two hours and he confessed the crime. However at time he signed a confession he was not aware of his rights. No one told him his rights to remain silent nor informed him that his statement would be used against him. Although‚ when he put his confession into
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Terry v. Ohio‚ 392 U.S. 1 (1968) “Unreasonable search and seizures” One of the many things learned at state police academies around the country is the “Terry pat”. What a Terry pat is‚ is a basic pat down of a suspects outer clothing‚ searching for weapons. The name came be known by a Superior Court case in the 1960’s‚ known as Terry v. Ohio. The case originated back in October 1963‚ involving John W. Terry and Richard Chilton. The two men were seen on a corner by veteran police detective
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