it was upheld
Marbury vs. Madison
Civil Liberties
McCulloch v.s Maryland
The United States has had the death penalty since 1608 when George Kindle was killed. A moratorium on the death penalty was enacted in 1972 with the case of Furman v. Georgia and was brought back with the case of Gregg v. Georgia in 1976.
Gregg v Georgia, in 1976, said that the death penalty could be used with guided discretion. Four years earlier, in Furman v Georgia, it was determined that the death penalty was being given in an arbitrary and capricious manner, and that there needed to be more consistency, which started the four-year moratorium.
The United States has not always had the death penalty. In 1972 the United States Supreme Court called for a moratorium on the death penalty with the case of Furman v. Georgia and brought it back in 1976 with the case of Gregg v. Georgia.
Gregg v. Georgia, 428 US 153 (1976)Troy Leon Gregg was the first condemned prisoner whose death sentence was upheld after the US Supreme Court declared a temporary moratorium on capital punishment in Furman v. Georgia, 408 US 238 (1972).Gregg was sentenced to die in the electric chair, but he and three other inmates escaped from prison on July 29, 1980, the night before his scheduled execution. Ironically, Gregg was beaten to death later that night in a barroom brawl in North Carolina.
The issue in this case is whether the imposition of the sentence of death for the crime of murder under the law of Georgia violates the Eighth and Fourteenth Amendments.A jury found Gregg guilty of armed robbery and murder and was sentenced to death. Gregg challenged his remaining death sentence for murder, claiming that his capital sentence was a "cruel and unusual" punishment that violated the Eighth and Fourteenth Amendments.In a 7-to-2 decision, the Supreme Court held that a punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances.The US continued to use the death penalty after this case was decided. The death penalty wasn't used for 4 years and 4 days until this case was decided in 1975.There are several dissenting opinions contained in this decision, depending on the issue involved.
False. Judicial review was first explicated in the case Marbury v. Madison, 5 US 137 (1803)
In the court case Worcester v. Georgia, the U.S. Supreme Court held in 1832 that the Cherokee Indians constituted a nation holding distinct sovereign powers. Although the decision became the foundation of the principle of tribal sovereignty in the twentieth century, it did not protect the Cherokees from being removed from their ancestral homeland in the Southeast.
To accurately answer your question, I need to know which specific case you are referring to, as there are many cases that involve various constitutional rights. Please provide the name of the case or more context, and I can help clarify which constitutional right was in dispute.