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Judicial Review and Supreme Court Cases
On the eve of his last day in office outgoing President JohnAdams, a Federalist, appoints 82 Federalist justices. These "midnightjudges" as they were called represented a threat to incomingPresident Thomas Jerreson, a Democrat-Republican. Jefferson fearedFederalist interpretation of the law for the next 20 years, a fearthat ended up coming to fruition. Among these midnight judges was oneWilliam Marbury. Jefferson ordered his Secretary of State, JamesMadison, not to deliver the official documents granting Marbury hisposition. Based upon the Judiciary Act of 1801 Marbury appealeddirectly to the Supreme Court asking for a "writ of mandamus" or anorder to act.
Two documents are responsible for its creation which is the Constitution, which explicitly creates the Supreme Court, and the Judiciary Act of September 24, 1789.
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The Supreme Court of Canada in December 2013 deeming them to be unconstitutional. Since then various groups, including churches, have mobilized to influence future policy making and legislation that will shape this country’s prostitution laws.
The Supreme Court of the United States upheld the lower court'sdecision in favor of the United States. The Court said that Debs hadactually planned to discourage people from enlisting in the ArmedForces. The Court refused to grant him protection under the FirstAmendment freedom of speech clause, stating that Debs "used words [inhis speech] with the purpose of obstructing the recruiting service."Debs' conviction under the Espionage Act would stand, because hisspeech represented a "clear and present danger" to the safety of theUnited States.
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The author writes, " I wonder what the pompous justices on our Supreme Court have to hide by not letting their actions be viewed live on national television?" (Aldrich 6B) He is obviously angry that we have been somewhat shut out from the Supreme Court decision on the Florida recount.
In article three it calls for "[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." In the article it neither says the duties, powers, or any organization of the supreme court.
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The Supreme Court of the United States held that the HazelwoodSchool District did not violate the First Amendment right of thestudents. The Court ruled that School officials need not toleratespeech which is inconsistent with the school's basic educationalmission. The Court distinguished this case from the Tinker decision(school officials could not punish students for wearing armbands inprotest of the Vietnam war "students do not shed their constitutionalrights at the schoolhouse gate") because the Tinker case involved astudent's personal expression. This was, instead, a school newspaper,and as such could reasonably be perceived to bear the "imprimatur" ofthe school. They justified this because the publication of Spectrumwas a part of the curriculum, i.e., it was in the curriculum guide asa part of the Journalism course, it was taught during school hours bya faculty member, the students received grades and academic credit,the faculty advisor exercised control over the publication, and theprincipal had to review it. The school's policies did not reflect anintent to expand the students' rights by converting a curricularnewspaper into a public forum. The court further added that theprincipal's fears were reasonable: he was concerned that thestudents' identities could not be assured, that the privacy interestsof boyfriends and parents were not adequately protected, and thatparents mentioned in the divorce article were not given anopportunity to defend themselves.
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The Supreme Court of the United States unanimously decided that asa defendant in a criminal case, Weeks had a right to be free fromunreasonable search and seizure and that the police unlawfullysearched for, seized, and retained Weeks' letters. The Court praisedthe police officials for trying to bring guilty people to punishmentbut said that the police could not be aided by sacrificing thefundamental rights secured and guaranteed by the Constitution. [Thisdecision gave rise to the Exclusionary Rule." This meant thatevidence seized in violation of the Constitution cannot be admittedduring a trial.] (From P.A.T.C.H - see link below)
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Johnson's conviction was overturned by theSupreme Court of Texas,which ruled that this mode of self-expression was protected under theFirst Amendment to theConstitution. The Supreme Court upheld thisruling, stating the flag burning was "expressive conduct" because itwas an attemptto "convey a particularized message."
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The U.S. Supreme Court held that the school board acted entirelywithin its permissible authority in punishing Fraser for "hisoffensively lewd and indecent speech." This was not a situation whereFraser was sanctioned for expressing a political viewpoint as in theTinker "armband" case; the sexual innuendo was incidental to themerits of the candidate who was being nominated. "It is a highlyappropriate function of public school education to prohibit the useof vulgar and offensive terms in public discourse . . . Schools mustteach by example the shared values of a civilized social order."
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