Supreme Court Cases

William Marbury v. James MadisonEst. Judicial Review- the authority for the S.C.

to determine whether legislation/actions are constitutional.

Marbury v. Madison 1803

W. Marbury

J. Madison

Congress charted the Second Bank of the US (BUS)Opposition from much of the country

Saw it as a monster monopoly. State of Maryland placed a heavy tax on the BUSCashier of the MD BUS branch James McCulloch

refused to pay tax to MD. State courts ruled against McCulloch

McCulloch took it to the S.C.

McCulloch v. Maryland 1819

S.C. ruled in favor of McCulloch b/c…States cannot tax the federal government.Upholds Article 6: Supremacy Clause

Federal Government > State Government

McCulloch v. Maryland 1819

Dollree Mapp suspected of harboring a fugitive.Police show up and she wouldn't let them in.Cops leave 3 hours later burst in her home holding up paper

saying it was a warrant.It wasn’t.

Mapp’s attorney shows upCops refuse to let him in

Upon search of her home (illegally) they find lewd photos & books.

She’s arrested & convicted .

Mapp v. Ohio 1961

S.C. ruled in favor of MappNo evidence illegally seized may be used

in court under the exclusionary rule.Protected under the 4th and 14th amendment.

Mapp v. Ohio 1961

Clarence Gideon broke into a pool hallStole $ from cig machine & wineAsked for a lawyerFL law says:

lawyer is appointed only in capital offenses. G represents himself, poorly.Sentenced 5 years.Appealed to S.C. based on 6th amendment.

Right to counsel

Gideon v. Wainwright 1963

The Supreme Court ruled in favor of GideonUpholds the 6th amendment and the right to

an attorney.G was retried with an appointed lawyer and he

was acquitted from the charges.

Gideon v. Wainwright

William Furman broke into a home and “accidentally” shot the homeowner.

Sentenced to death.Furman felt death penalty

violated the 8th amendmentCruel & unusual punishment

S.C. ruled in favor of FurmanSuspended the death penalty as

a violation of the 8th & 14th amendments.

Furman v. Georgia 1972

Troy Leon Gregg robbed and murdered 2 men & given the death penalty.

Gregg took it to the S.C. to try and reverse his death penalty under violation of the 8th amendment.

S.C. ruled in favor of Georgia b/c…The 8th amendment was really

talking about barbaric/tortuous punishment and the death penalty did not violate the 8th if it fit the crime.

Brought back the death penalty.

Gregg v. Georgia 1976

“Jane Roe” wanted an abortion in Texas, where it was illegal.

Said it violated her right to privacy, which could be inferred from 1st, 4th, 5th, 9th and 14th amendments.

S.C. ruled in favor of Roe b/c…only a woman and her Dr. can determine what’s best during

the first trimester (1st 12 weeks).Gives women the right to abortion within first trimester.

Roe v. Wade 1973

Louisiana law (Separate Car Act) requiring RR’s to have “separate but equal” RR cars.

Homer Plessy (1/8 black) sits in white car. And won’t go to black car. Arrested & taken to jail for breaking law.

P. appeals saying it’s a violation of his 14th am right.

Plessy v. Ferguson 1896

S.C. said that it was not a violation of the 14th am b/c there were “equal” facilities provided.

Creates the legal basis for the “separate but equal” doctrine and legitimizes Jim Crow laws.

Plessy v. Ferguson 1896

African American children were denied admittance to all white schools.

NAACP worked with families of school children to challenge the “separate but equal” doctrine set by Plessy v. Ferguson,1896.

Violation of the equal protection clause of the 14th amendment.

Brown v. Board of Education of Topeka, KS 1954

S.C. ruled unanimously in favor of Brown and the desegregation of public schools b/c it not only violated the 14th am., but it also caused psychological damage to A.A. children.

Ends separate but equal

Brown v. Board of Education of Topeka, KS 1954

1960s affirmative action programs est. to help minorities advance. Ex) College admissions, jobs

Allan Bakke (33 White) applied to U of CA Med school. Denied. Had slightly lower scores than fellow

white students but higher aptitude scores.

U of CA admitted 16 (minority) students through the special admissions program.Had significantly lower scores than

Bakke.

Regents of the University of California v. Bakke 1978

Was this reverse discrimination and a violation of the equal protection clause of the 14th amendment?

Yes, if the admission to a university was based solely on race. Race may be used as a factor, but not the only criteria.

Allan Bakke was admitted to U of CA

Regents of the University of California v. Bakke 1978

"Almighty God, we acknowledge our dependence on Thee, and we beg Thy blessings upon us, our parents, our teachers, and our Country.”

daily prayer from the NY State Board of Regents. Recited every morning at the beginning of school. Students could be excused from reciting the prayer.

Engle v. Vitale 1962

Parents (Engle & others) upset over the prayer as a violation of their 1st am. right to freedom of religion and the establishment clause.

S.C. ruled in favor of Engle b/c…It completely violated the est.. clause b/c a

“prayer composed by gov’t officials as part of a gov’t program to further religious beliefs breaches the Const.”

Public schools are not allowed to encourage any sort of religious beliefs/prayer even if they are non-denominational.

Engle v. Vitale 1962

Principal removed 2 pages from a school newspaper b/c the dealt w/ teen pregnancy and divorce. He felt the girls discussed would be easily identified.

Students felt it was a violation of their 1st am. Right to free speech.

3 former students sued the principal for this violation.S.C. says…

Not a violation of 1st am. b/c it was a school newspaper and students do not have the same free speech rights in a school setting as adults do on the public forum.

Hazelwood School District v. Kuhlmeier 1988

In protest to the Vietnam War John & Mary Beth Tinker & Chris Eckhart wore black armbands to school.

They were asked to remove them, refused, and then suspended.

Took the case to the S.C. as a violation of their 1st am right to free speech

Tinker v. Des Moines 1969

S.C. ruled in favor of Tinker b/c…The armbands were not offensive or disruptive.As long as a students “speech” is not disruptive

then it can not be limited. Student’s don’t shed all of their 1st am. rights

because they enter a school.

Tinker v. Des Moines 1969

During the 1984 RNC Gregory Johnson burned a flag in protest of Reagan & his policies while chanting, “Red, white & blue we spit on you!”

Johnson was tried and convicted under a Texas law outlawing flag desecration.

He was sentenced to one year in jail and assessed a $2,000 fine.

Texas v. Johnson 1989

Is flag burning protected under the 1st amendment freedom of speech? Or is the flag a sacred item that is above freedom of speech?

Flag burning is protected under the 1st amendment freedom of speech.

Texas v. Johnson 1989

After the Watergate scandal surfaced, which involved President Nixon (R) and his reelection committee breaking into the Democratic National Headquarters, going through files, wiretapping phones, etc. trying to find damaging info about the Democrats.

Nixon kept tape recordings of convos in the White House.

The prosecutors wanted those tapes!!! & Nixon said no, I have executive privileges!

U.S. v. Nixon 1974

Can the President use his “executive privileges” of confidentiality in order to keep himself out of hot water?

NOOOOOO. Nixon had to give in to the subpoena and release the tapes. There is a limit of “executive privileges.

He resigned shortly after.

U.S. v. Nixon 1974

After Brown v. Board of Ed. little progress was made in desegregating public schools.

B/C of racially segregated housing patterns and resistance by local leaders, many schools remained as segregated as they were at the time of the Brown decision. In CMS 14,000 black students

attended 99% black schools.NAACP funded the case on behalf of

Vera and Darius Swann, parents of a child(6), sued the CMS to allow their son to attend Seversville Elementary School, closest to their home and then one of Charlotte’s few integrated schools.

Swann v. CMS 1971

Did the federal gov. have the authority to oversee methods of desegregation?

Yes, S.C. unanimously upheld busing programs that aimed to speed up the racial integration of public schools in the United States

Swann v. CMS

After the US entered WWII, & therefore fighting against the Japanese.

Pres. FDR signed executive order 9066 which banned U.S. citizens of Japanese from living along the west coast states.

Interment camps were set up as housing for the relocated citizens.

Poor conditions, violence and rape ensued.

Korematsu v. U.S. 1944

Fred Korematsu (American born) refused to leave his home and was arrested for violating E.O. 9066.

Appealed to S.C. saying it was unconstitutional to force people of Japanese ancestry out of their homes and into interment camps.

Korematsu v. U.S. 1944

S.C. said that in times of war that it was necessary and though it be unfortunate for the Japanese Americans, the security of the nation was more important.

Interment of a racial group, even if they are citizens is legal and constitutional in times of war

Now illegal by Congress (1988)

Korematsu v. U.S. 1944

Dredd Scott v. Sanford

In Re Gault 1967Gerald Gault (15) was @

home when his friend made vulgar phone calls to a neighbor.

Gault was arrested & taken to the juvenile delinquent center.

Mom was never notified. Denied notice of the

charges, right to counsel, right to confront/cross examine witness, & protection from self-incrimination.

Sentenced to 5 years confined in the State Industrial School.

S.C. said that just because he was a minor he could not be denied due process & his 5th & 6th amendment rights.

In Re Gault 1967

Van Orden v. Perry

1983 Nancy Beth Cruzan (25) was in a horrible car accident.

Cruzan was a “vegetable”, only living b/c of life support machines

After five years of artificial feeding and hydration at the annual cost of $130,000, and with increasing physical deterioration, Cruzan's parents requested that the feeding tube be removed so that their daughter could die a "natural death.“

MO said there wasn’t enough evidence that she would have wanted to be taken off life support.

Cruzan v. Missouri Dept. of Health 1989

Does the 14th am. protect you from refusing medical treatment?

Yes, if there is proper documentation that a person would want treatment to stop if they were unable to make that decision for themselves.

Unfortunately Cruzan did not have proper documentation.

Cruzan v. Missouri Dept. of Health 1989

Christopher Simmons (17) & friend broke into Shirley Cook’s home, robbed her, kidnapped her, killed her, and dumped her body into the river.

Simmons bragged about the murder. Idiot.

Went to court and confessed fully. Sentenced to DEATHHHHHH.

Roper v. Simmons 2002

Is it constitutional to sentence a juvenile to death?

NO. Executing juveniles is considered cruel and unusual punishment according to the 8th am.

Roper v. Simmons 2002

The Student Activities Drug Testing Policy adopted by the Tecumseh, Oklahoma School District requires all middle and high school students to consent to urinalysis testing for drugs in order to participate in any extracurricular activity.

Two Tecumseh High School students and their parents brought suit, alleging that the policy violates the Fourth Amendment.

S.C. said students give up some of their rights to privacy when they participate in extracurricular activities and drug testing is allowed.

Doesn’t violate 4th am.

Board of Education v. Earls

In 1996 California voters passed the Compassionate Use Act, legalizing marijuana for medical use.

California's law conflicted with the federal Controlled Substances Act (CSA).

Angel Raich’s marijuana was seized by the DEA.

S.C. said it was legal for DEA to conduct raids and seize medical marijuana b/c the state laws violate the federal laws.

Supremacy Clause, Article 6 held up

Gonzales v. Raich 2005