Controversial Cases That Set a Law

CONTROVERSIAL

CASES

THAT SET A LAW!

BY: JOYCE VIELOT

MARBURY VS. MADISON

Marbury Vs. Madison was the first instance in which a law passed by Congress was declared unconstitutional. The decision greatly expanded the power of the Court by establishing its right to overturn acts of Congress, a power not granted by the Constitution. Initially the case involved Secretary of State James Madison who refused to seat four judicial appointees although they had been confirmed by the Senate.

People who dont elect the Supreme Court Justices and therefore the Supreme Court should not have the power of judicial review. As McCloskey points out, "No institution in a democratic society could become and remain potent unless it could count on a solid block of public opinion that would rally to it's side in a pinch." The Supreme Court is responsible to the will of the people. By maintaining independence from politics, the Justices avoid the major problems of political parties and party platforms. The Supreme Court's small size allows the Constitution to speak with a unified voice throughout the country.

DRED SCOTT VS. SANFORD

Dred Scott Vs. Sanford was a highly controversial case that caused national debate over slavery. Dred Scott was slave, who was taken from a slave state to a free territory. He filed a lawsuit claiming that because he had lived on free soil he was entitled to his freedom. Chief Justice Roger B. Taney disagreed, saying that blacks were not citizens and therefore could not sue in federal court. Taney inflamed antislavery forces by declaring that Congress had no right to ban slavery from U.S. territories. At that time the Supreme Court seemed to be incapable of doing anything wrong. With the supreme leadership ability of John Marshall and now Roger Taney, all problems seemed to be solved, and solved correctly. Southerners saw that nothing was happening to change the fact that Congress could prohibit slavery in the territories. After a while everyone seemed to feel that the judicial system was their only hope for a solution. Even the loud Senator from Illinois Abraham Lincoln said:"The Supreme Court of the United States is the tribunal to decide such questions and we will submit to its decision." So there it is. It is all up to the courts, through the trials of a few cases, to decide upon the complex and heavily debated issue of slavery. This is why the case of Dred Scott played such an important role in American history.

MIRANDA VS. THE STATE OF ARIZONA

In 1963 a woman was kidnapped and raped in Phoenix, Arizona. The police investigated the case, and arrested a poor, and mentally disturbed man. The name of this man was Ernesto Miranda he was 23 years old when he was arrested. He confessed that he had kidnapped and raped the young woman after only two hours of questioning. By confessing to the crime, Miranda was convicted for kidnapping and rape.

But when Miranda was arrested he was not told his rights. Miranda's lawyers pointed out that the police had never told him