The document summarizes three Supreme Court cases that shaped civil rights in the US:
- Mapp v Ohio (1961) ruled evidence obtained without a search warrant is inadmissible, establishing the exclusionary rule and upholding 4th Amendment protections against unreasonable search and seizure.
- Marbury v Madison (1803) established judicial review, ruling that courts can strike down laws and executive actions that are unconstitutional.
- Roe v Wade (1973) established that the right to privacy protected a woman's choice to have an abortion based on the 14th Amendment's due process clause.
2. Mapp v Ohio• Overview of case
There was a suspicion that Dollree Mapp was hiding someone
who was suspected to be apart of a bombing in her house. The
police asked to come in but she told them not until they had a
search warrant. After watching her house for a couple of
hours they forced their way in. When she asked for a search
warrant they held a piece of paper in her face. After
searching her house the found a “trunk” containing
pornography. The police arrested her for “possesion of
obscene materials,” an Ohio law.
• Plaintiff Arguments
Dollree Mapp was in possession of illegal pornographic material
at the time of her arrest.
3. Mapp v Ohio• Defenses Arguments
The police “violated her rights”. She was
not shown asearch warrant upon the entry of
the police into her house. Violating the 4th
amendment against unreasonable search and
seizures.
4. Mapp v Ohio• Decision
The court ruled 5 to 3 in favor of Mapp.
They stated that since the police had not
clearly presented Dollree Mapp with a search
warrant, all the evidense that the police had
found during the search of her home was
illegally obtained making it unusable. Also
the police had violated the 4th amendment
of unreasonable searches and seizures.
5. Marbury v Madison
• Overview of Case
Before John Adams left office he appointed 58 people from his
political party to be in congress. It was Secretary of state, John
Marshall’s, job to deliver all the letters to the people John Adams
wanted in congress. Marshall mailed most of the letters except for 17
of them. He told the new secretary of state, James Madison, to mail
the rest of the letters. New president, Thomas Jefferson, told him to
not to mail them. William Marbury who was one of the men who
didn’t receive the letter appointing him to a congress position sued
James Madison. The judge in this case would end up being John
Marshall.
• Plaintiff Arguments
Marbury said that the position belonged to him and that the court had
the authority to appoint him through a writ of mandamus which is a
court order that make a man do or not do a specific action.
6. Marbury v Madison
• Defense’s Arguments
James Madison did not not give the court a cause for
why he did not give all the commissions to the 17
men. Therefore the court could not issue a writ of
mandamus. James Madison and mainly Thomas
Jefferson basically out smarted the legal system.
7. Marbury v Madison
• Decision
Everyone in the court voted that Madison did not have to
deliver the commission to Marbury. The court came to this
decision because if they did tell Madison to deliver the
commission to William Marbury and he refused, then their was
nothing in the court’s power to tell him other wise. This
would then make the court look weak so they decided to vote
in favor of Madison. The Judiciary Act of 1789 and the
constitution were going against each other so John Marshall
said that the constiution was the supreme law of the land and
that’s what influenced his decision.
8. Roe v Wade
• Overview of Case
Roe was pregnant and wanted to have an abortion but, in
Texas it was a felony to get an abortion. It was only legal if
the pregnancy was a danger to the mother’s life. So Roe tried
to sue the district attorney of Dallas county, Wade.
• Plaintiff Arguments
Roe argued that Texas abortion law conflicted with the right
to privacy in the 1st, 4th, 5th, 9th and 14th amendments.
9. Roe v Wade
• Defense’s Arguments
Texas argued that the life of a child was more
important the the privacy of the mother. They also
argued that cases before where the right of privacy
was voted for were not absolute.
10. Roe v Wade
• Decision
The supreme court voted in favor of Wade, 7-2.
They said that if a woman wanted to have an
abortion then they are protected by their right of
privacy. They said the 14th amendment protected
the right of privacy.
11. Conclusion
• Mapp v Ohio
The police did not present Mapp with clear search warrant, making all
the evidence they found illegally obtained and unusable. They also
disobeyed the fourth amendment against unreasonable search and
seizures.
• Marbury v Madison
The Judiciary Act of 1789 and the constitution were in conflict with
each other so the court ruled in favor of the constitution, the
supreme law of the land.
• Roe v Wade
The 14th amendment states that “no person was allowed to be
deprived of life, liberty,or property without "due process of law.” So
Roe was later allowed to have an abortion because if she was not
allowed then her right to privacy would have been violated, which
would violate the 14th amendment.