IMPORTANT US SUPREME COURT DECISIONS

Marbury v. Madison (1803)

• federal powers• Checks and Balances• Judiciary Act of 1789• part of the act was unconstitutional• established Judicial Review

Gibbons v. Ogden (1824)

• federal powers• Federalism• Who has jurisdiction over interstate

trade/commerce?• The National Government has power

over individual states.• The National Government has the

right to regulate interstate trade/commerce.

McCulloch v. Maryland (1819)

• federal powers• Federalism• Does the state have a right to tax a

federal agency?• National agencies are immune to

state taxes (9-0)• The Federal Government has power

over the State Governments.

New Jersey v TLO (1985)

• school searches• 4th Amendment-search and seizure• Can schools search without a

warrant?• Yes, if the school has probable cause-

protection for all students (5-4)• Schools do not need a search

warrant if there is reasonable suspicion of a crime.

Vernonia SD v. Acton (1995)

• school searches• 4th Amendment-search and seizure• Does random drug testing of student

athletes violate unreasonable searches?

• drug testing is constitutional-protection for all students (6-3)

• Schools have the right to maintain student safety in an educational setting.

Engel v. Vitale (1962)

• school prayer• 1st Amendment-freedom of religion• Does daily prayer violate students’

freedom of religion?• Yes, it was a violation of separation of

church and state (6-1)• Public schools cannot mandate

prayer in school.

Dred Scott v. Sanford (1857)

• civil rights• human rights v. property rights• Were freed blacks citizens?• Blacks were property, not citizens (7-

2)• even free blacks were not citizens

therefore did not have citizen rights

Plessy v. Ferguson (1896)

• civil rights• 13th/14th Amendments-equal

rights/protection• Is segregation on public

transportation constitutional?• separate but equal is constitutional

(7-1)• separate facilities by races were OK

Brown v. BOE of Topeka, Kansas (1954)

• civil rights• 14th Amendment-equal

rights/protection• Is school segregation constitutional?• by definition, separate is not equal

(9-0)• public facilities have to be integrated

Parents Involved in Community School v.

Seattle SD (2007)• civil rights• 14th Amendment-equal

rights/protection• Is a racial based tie breaker against

the equal protection of the law?• racial tie breakers are not

constitutional (5-4)• high schools cannot use race to

determine demographic goals/quotas

Korematsu v. US (1944)

• discrimination• 5th/14th Amendments-due process and

equal rights/protection• Was the gov’t denying people’s rights by

enacting internment camps?• Korematsu’s rights were not violated (6-3)• In times of conflict, the government may

limit citizens’ rights.

University of CA Regents v. Bakke (1978)

• discrimination• 14th Amendment-equal

rights/protection• Can race be a factor for college

admissions? Is affirmative action reverse discrimination?

• Bakke needs to be let in-affirmative action is a case-by-case decision (5-4)

• Bakke was admitted to the university

Mapp v. Ohio (1961)

• rights of the accused• 4th Amendment-search and seizure• Can courts ignore how evidence was

obtained?• No, the 4th Amendment should be

protected (5-4)• The police need to have a search

warrant/probable cause to search.

Gideon v. Wainwright (1963)

• rights of the accused• 6th Amendment-right to a lawyer• Should a person accused of any

crime have the right to a lawyer?• Yes, Gideon should’ve had a lawyer

(9-0)• The accused have the right to a

lawyer when they are arrested.

Escobedo v. Illinois (1964)

• rights of the accused• 6th Amendment-right to a lawyer• Should a lawyer be available during

the interrogation process?• Yes, Escobedo should have had a

lawyer during his interrogation (5-4)• The accused can have a lawyer

present during all parts of her/his due process.

Miranda v. Arizona (1966)

• rights of the accused• 5th/6th Amendments-self-incrimination and

right to a lawyer• When is a confession legal? Should people

be aware of their rights when they are arrested?

• Yes, the rights of the accused need to be protected (5-4)

• “Miranda Rights” need to be read to and understood by the accused.

Nixon v. US (1974)

• separation of powers• Checks and Balances• Did the government violate the president’s

rights of power and confidentiality?• President Nixon must turn over tapes to

the US Congress (8-0)• No one, including the president, is above

the law.

Schenck v. US (1919)

• free speech• 1st Amendment-freedom of speech• Does free speech include anti-war

protests?• No, certain rights are not absolute (9-

0)• During times of conflict,

freedoms/liberties may be limited.

Tinker v. Des Moines SD (1969)

• free speech• 1st Amendment-freedom of speech• Does free speech include political

protests in school?• freedom of speech is protected (7-2)• Students may use free speech if it

does not interfere with classes/other students.

Hazelwood v. Kuhlmeier (1988)

• free press• 1st Amendment-freedom of the press• Can school administrators censor the

school newspaper?• Yes, there are limits to our rights (5-

3)• Schools may limit freedoms if they

are part of a school function.

Morse v. Frederick (2007)

• free speech• 1st Amendment-freedom of speech• Does the 1st Amendment allow public

schools to prohibit students from displaying drug messages at school events?

• freedom of speech may be limited (5-4)• Schools can limit free speech at school

sponsored events.

Roe v. Wade (1973)

• abortion• 1st speech/4th privacy/5th private

property/14th equal protection• Does the 14th Amend. apply to a

fetus?• No, states cannot deny abortions in

the first trimester (7-2)• Abortion is legal and highly

controversial.

Cruzan v. Departmentof Health (1990)

• life support• 14th Amendment-equal

rights/protection• Can a state refuse to terminate

someone on life support?• people do have the right to refuse

medical treatment (6-3)• People need to have their wished

document (a Living Will).