Landmark Landmark Supreme Court Supreme Court

CasesCases

Marbury v. Madison (1803)Marbury v. Madison (1803)

Question – Does the Supreme Court have the authority to declare laws passed by Congress unconstitutional?

Ruling – Yes. Established the power of “______________________ ___________________”

McCulloch v. MarylandMcCulloch v. Maryland

Questions – 1. Did Congress overstep its powers by creating a national bank? 2. Do states have the right to pass laws that interfere with federal laws. (i.e. taxing the bank)

Rulings – 1. No. Congress has powers beyond those listed in the Constitution found in the ____________________ Clause. 2. No. State laws may not violate federal laws as described in the ______________________ Clause.

Gibbons v. OgdenGibbons v. Ogden

Question – Do states have the power to regulate trade between themselves and other states?

Ruling – No, only _______________ has the power to regulate ________________ trade. This is found in Article ____ in the __________________ Clause.

Dred Scott v. Sanford (1857)Dred Scott v. Sanford (1857)

Question: If a slave lived in a Question: If a slave lived in a “free” state for a period of time, “free” state for a period of time, does this make him free even if does this make him free even if he returns to a slave state?he returns to a slave state?

Ruling: a state cannot deprive Ruling: a state cannot deprive one (slaveowner) of his property one (slaveowner) of his property (Dred Scott, slave) without “due (Dred Scott, slave) without “due process” (____ Amendment).process” (____ Amendment).

Plessy v. FergusonPlessy v. Ferguson

Question – Are separate facilities for blacks and whites constitutional?

Ruling – Yes, facilities can be separate, as long as they are provided for both races. “______________________________” doctrine.

Brown v. Board of EducationBrown v. Board of Education

Question – Does segregation based on race deprive citizens of their right to “equal protection under the law?”

Ruling – Yes. Racial segregation it implies __________________ and is therefore unconstitutional the context of public education. Based on the ________________________ Clause of the ________ Amendment.

Heart of Atlanta Motel v. USHeart of Atlanta Motel v. US

Question – Do businesses have the right to choose their own customers without governmental regulation?

Ruling – No. The ___________________ allows Congress to regulate businesses directly related to the flow of interstate goods and people.

Furman v. Georgia (1972)Furman v. Georgia (1972)

Question – Does carrying out the death penalty in cases of rape and murder in this case constitute “cruel and unusual punishment” (8th Amendment)

Ruling – ________, in this case it violated the Constitution. As a result, the death penalty was found unconstitutional for a period of years.

Gregg v. Georgia (1976)Gregg v. Georgia (1976) Question – Does the death penalty

constitute “cruel and unusual punishment”?

Ruling – The death penalty is an expression of society’s “moral outrage” at certain crimes and if sentenced in an “____________ _______________”, it is not considered a violation of the ______ Amendment.

Overturned decision in Furman v. Georgia.

Regents of California v. BakkeRegents of California v. Bakke

Question – Are college admission policies that give preferential treatment to minorities unconstitutional?

Ruling – It depends. The use of race as a criterion in admissions decisions in higher education is constitutional (_________________), but the use of ______________ is not.

Korematsu v. USKorematsu v. US

Question – Did the President and Congress violate the Constitution by restricting the rights of Japanese Americans?

Ruling – No. Such actions are justified during times of “____________________.” The President is granted this power as a result of “___________ ____________” granted in Article ____ of the Constitution.

Gideon v. WainwrightGideon v. Wainwright

Question – Are state courts required to provide ________________ (lawyers) in criminal cases for defendants who are unable to afford their own attorneys.

Ruling – Yes, under the __________________ ALL citizens have a right to a lawyer, even in state courts AND if they are too poor to afford one.

New Jersey vs. T.L.O. (1984)New Jersey vs. T.L.O. (1984)

Question – Do schools have a right to Question – Do schools have a right to search students’ property without a search students’ property without a warrant if student is suspected of warrant if student is suspected of breaking a law?breaking a law?

Ruling – Yes, under the ____ Ruling – Yes, under the ____ Amendment Amendment (_____________________________), this (_____________________________), this case was found a “reasonable” use case was found a “reasonable” use of force.of force.

Schools need a reasonable suspicion, however.Schools need a reasonable suspicion, however.

Tinker v. Des Moines (1969)Tinker v. Des Moines (1969)

Question – Is a suspension for war Question – Is a suspension for war protest a violation of 1protest a violation of 1stst Amendment Amendment right to free speech?right to free speech?

Ruling – Protest that “____________ Ruling – Protest that “____________ _____________” in school IS protected _____________” in school IS protected under the 1under the 1stst Amendment. Amendment.

““it can hardly be argued that either students or teachers shed their it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech at the schoolhouse gate.”constitutional rights to freedom of speech at the schoolhouse gate.”

Bethel School District v. FrasierBethel School District v. Frasier

Question – Is a suspension for lewd Question – Is a suspension for lewd speech a violation of a student’s First speech a violation of a student’s First Amendment right to free speech? Amendment right to free speech?

Ruling – Certain styles of speech Ruling – Certain styles of speech (sexually vulgar) ______________ on (sexually vulgar) ______________ on other student’s right to learn and other student’s right to learn and school’s right to ___________ this school’s right to ___________ this speech is not a violation of the 1speech is not a violation of the 1stst AmendmentAmendment

Hazelwood School District v. Hazelwood School District v. Kuhlmeir (1988)Kuhlmeir (1988)

Question – Does censorship of school Question – Does censorship of school run papers violate student’s 1run papers violate student’s 1stst Amendment rights?Amendment rights?

Ruling – The U.S. Supreme Court held Ruling – The U.S. Supreme Court held for the first time that public school for the first time that public school officials may impose officials may impose __________________ on what appears __________________ on what appears in school-sponsored student in school-sponsored student publications. publications.

Texas v. Johnson (1989)Texas v. Johnson (1989)

Question – Is flag burning protected Question – Is flag burning protected under the 1under the 1stst Amendment right to Amendment right to freedom of speech?freedom of speech?

Ruling – ________Ruling – ________

One of the most controversial decisions ever, and an One of the most controversial decisions ever, and an Amendment to the Constitution making flag burning illegal Amendment to the Constitution making flag burning illegal

continues to be proposed to this day.continues to be proposed to this day.

Engel v. Vitale (1962)Engel v. Vitale (1962)

Question – Does it violate the 1Question – Does it violate the 1stst Amendment right to freedom of Amendment right to freedom of religion to compose an official school religion to compose an official school prayer and require its recitation in prayer and require its recitation in public schools?public schools?

Ruling – _____. It is a violation of the Ruling – _____. It is a violation of the ______________________Clause of the 1______________________Clause of the 1stst Amendment.Amendment.

““Almighty God, we acknowledge our dependence upon Thee, and we beg Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Thy blessings upon us, our parents, our teachers and our country.

Amen.” Amen.”

Miranda v. ArizonaMiranda v. Arizona Question – If a defendant is not Question – If a defendant is not

informed of his right against _____ informed of his right against _____ Amendment right to protection from Amendment right to protection from self-incrimination or his ____ self-incrimination or his ____ Amendment right to counsel, does this Amendment right to counsel, does this violate his 5violate his 5thth Amendment “_____ Amendment “_____ __________” rights?__________” rights?

Ruling – ________, a defendant must be Ruling – ________, a defendant must be made aware of his rights or any made aware of his rights or any confession will not be considered confession will not be considered “voluntary”.“voluntary”.

The Miranda Warning is what we now call the formal warning cops give to people when they are arrested.The Miranda Warning is what we now call the formal warning cops give to people when they are arrested.

Mapp v. Ohio (1961)Mapp v. Ohio (1961)

Question – Can evidence obtained in Question – Can evidence obtained in violation of the 4violation of the 4thth Amendment Amendment (unreasonable search and seizure) be (unreasonable search and seizure) be used in court?used in court?

Ruling – No, any evidence obtained Ruling – No, any evidence obtained without a search warrant cannot be without a search warrant cannot be used against you. This is know as used against you. This is know as the ______________________ Rule.the ______________________ Rule.

In Re Gault (1967)In Re Gault (1967) Question – Are juveniles accused of crimes Question – Are juveniles accused of crimes

awarded the same “due process” rights as awarded the same “due process” rights as adults?adults?

Ruling – Yes, juveniles get the same rights Ruling – Yes, juveniles get the same rights as adults. Based on the ____Amendment’s as adults. Based on the ____Amendment’s _________________ Clause. One exception _________________ Clause. One exception noted in the Court’s opinion was that noted in the Court’s opinion was that juveniles do not get the 6juveniles do not get the 6thth Amendment Amendment right to _________________. (Why might this right to _________________. (Why might this be?)be?)

““In re” is Latin for “in the matter of” and indicates a judicial case that may not formally have another party.In re” is Latin for “in the matter of” and indicates a judicial case that may not formally have another party.