COURT CASESUnit 3

MARBURY V. MADISON (1803) Marbury appointed as

Justice of the Peace New Sec. of State

(Madison) refused to deliver commission

Court ruled Madison must deliver commission

Precedent: Supreme Court has power of Judicial Review

McCulloch v. Maryland (1819)•Maryland tries to tax Banks of the US•Maryland Claimed Bank Unconstitutional•Court Ruled:• Congress has Implied Powers• “Necessary and Proper”

•When Fed. and State Laws contradict Fed. Law is supreme

GIBBONS V. OGDEN (1824)

N.Y. Passed law limiting traffic in N.Y. Harbor

N.J. boat companies sue

Precedent: Federal Gov. not states has the power to regulate interstate trade

BARRON V. BALTIMORE (1833)

City of Baltimore diverted streams to help construction

Barron sued because this hurt his wharf business

President: The Bill of Rights does not apply to the states

GITLOW V. NY (1925)

Gitlow a socialist was charged with criminal anarchy under NY law for his writings

Precedent: The Bill of Rights applies to states through the “Due Process Clause” of the 14th Amendment

Did not incorporate them all. They will be incorporated one at a time

GIDEON V. WAINWRIGHT (1963)

Gideon convicted of a crime but did not have a lawyer

Precedent at the time was lawyers were only provided for capital cases

Precedent: Right to council is a fundamental right. (A lawyer must be provided if accused cannot afford one)

MIRANDA V. ARIZONA (1966)

Miranda arrested for kidnapping and rape

Miranda confessed Miranda not told of

his right to counsel and right to remain silent

Precedent: No confession can be admissible unless accused is made aware of his rights Miranda Rights

FURMAN V. GEORGIA (1972) Furman Convicted of murder Georgia was carrying out death

penalties inconsistently Precedent: Death penalty is not Cruel

and Unusual punishment unless it is applied inconsistentlyDeath penalty cases in Georgia put on

hold

GREGG V. GEORGIA Defendants wanted to expand Furman

and eliminate death penalty Precedent: death penalty not cruel and

unusual as long as it is applied without prejudice

ROE V. WADE (1973) Women in Texas

wanted abortion Texas law

outlawed abortion Precedent: The

14th Amendments right to privacy extends to a women's bodyAbortions are legal

SEGREGATION

PLESSY V. FERGUSON (1896) Train Cars segregated by race Precedent: Separate but equal

segregation is legalSet the stage for more segregation moving

forward

BROWN V. BOARD OF EDUCATION (1954) Topeka, Kansas schools were segregated Sometime the closest school was not

the one you went to Precedent: Separate is inherently

unequalSegregation illegal

SWANN V CMS 1970 How do you desegregate schools? Question: Were federal courts

constitutionally authorized to oversee and produce remedies for state-imposed segregation?

Precedent: Schools must be desegregated based on region but busing for desegregation could not be mandated by courts

LEANDRO V. NORTH CAROLINA (1994) Low income communities sued North

Carolina on the basis that the school districts needed more money from the state because the districts could not raise the money on their own

Precedent: The state must provide basic education for all students but not same amount of money to all districts

This was not a US Supreme Court Case on NC Supreme Court

AFFIRMATIVE ACTION

BAKKE V. REGENTS OF THE UNIVERSITY OF CALIFORNIA Bakke a marine veteran applied to med-

school Scored in top 3% on his exams Had an above average GPA

Denied Entrance to Medical School People he was more qualified then made it in

Bakke a white man claimed he was denied because the school reserved 12 spots for minorities

Precedent: Race can be a minor factor in admittance but it can not be the only factor Quota system is illegal

TIMED WRITING (15 MINUTES) Write a body paragraph about one of

the court cases we learned yesterday answering the following question

“Over the years has the court increased or decreased equality through their rulings”

Be sure to include:A statement about the caseFacts of the casePrecedentHow the precedent ties into statement

1ST AMENDMENT ISSUES

ENGLE V VITALE (1962) Students in a school recited a voluntary

prayer to God at the start of each school day

Question: Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment?

Precedent: It is unconstitutional to have school sponsored prayer of any type in public schools

Question: Can students pray in schools?

TINKER V. DES MOINES ICSD (1968) Student in Des Moines ware armbands

to protest the Vietnam War Fearing disturbances schools asked

them to remove the armbands Question: Does a prohibition against the

wearing of armbands in public school, as a form of symbolic protest, violate the First Amendment's freedom of speech protections?

Precedent: While schools can limit freedom of expression, doing so in this case was unjustified

HAZELWOOD V. KUHLMEIER (1988) A school newspaper was found to have

inappropriate articles in it The principal told them to remove the

articles, students took it to court Question: Did the principal's deletion of

the articles violate the students' rights under the First Amendment?

Precedent: Schools can set higher standards of speechFreedom of speech is limited

TEXAS V. JOHNSON (1988) Texas man burns the US Flag in a form

of protest Texas arrests him Question: is the desecration of an

American flag, by burning or otherwise, a form of speech that is protected under the First Amendment?

Precedent: Burning the flag is symbolic speech and protected by the 1st Amendment

POWERS OF THE GOVERNMENT

US V. NIXON (1974) President Nixon refused to turn over

tapes of himself that dealt with the Watergate affair

Question: Is the President's right to safeguard certain information, using his "executive privilege" confidentiality power, entirely immune from judicial review?

Precedent: The president must turn over the tapesThe president is not immune from judicial

review

KOREMATSU V. US (1944) During WWII the government interned

Japanese Americans out of fear of espionage and sabotage

Question: Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent?

Precedent: the public concern outweighed rights Infringement of rights is aloud during times

of “emergency and peril”

SLAVERY ISSUES

DRED SCOTT V. SANDFORD (1856) Dred Scott a slave lived in a free state

where slavery was forbidden then returned to Missouri (a state that aloud slavery)

Dred Scott sued for his freedom claiming because he lived in free state he was a free man

Precedent: Because Dred Scott was never freed he was still a slave and not a US citizen

NORTH CAROLINA V. MANN (1830) Mann a slave owner shot a slave who

struggled to escape whipping Mann charged with abuse and fined Precedent: the power of slave owners is

absolute over their slaves This was not a US Supreme Court Case

on NC Supreme Court

DUE PROCESS

IN RE GAULT (1966) A fifteen year old arrested for making

obscene phone calls Police arrested him and did not leave

notice for the parents Question: Were the procedures used to

commit Gault constitutionally legitimate under the Due Process Clause of the Fourteenth Amendment?

Precedent: Police must notify parents of charges and rights of the accused