Historic Supreme Court Cases Review. 1. Slaves could not sue in federal courts because they were considered property and not citizens. Congress could.

Historic Supreme Court Cases

Review

• 1. Slaves could not sue in federal courts because they were considered property and not citizens. Congress could not force new states to be slave or free states it was a reserved power.

• Constitutional Issue: Reserved powers

• 2. Freedom of Speech could be limited during times of war if it presented a “clear and present danger” to the country.

• Constitutional Issue: 1st amendment; freedom of speech

• 3. Outlawed prayer in public schools because they violated the establishment clause.

• Constitutional Issue: 1st amendment; freedom of religion

• 4. School attendance laws violated freedom of religion by forcing Amish citizens to learn against their wills.

• Constitutional Issue: 1st amendment; freedom of religion

• 5. The death penalty is constitutional if it is used for a crime that fits the penalty and factors other than race should be used.

• Constitutional Issue: 8th amendment; cruel and unusual punishment.

• 6. The death penalty is unconstitutional if it can not be proven that factors other than race were used.

• Constitutional Issue: 8th amendment; cruel and unusual punishment

• 7. This case ruled that the judicial branch had the power to review a law to see if it was constitutional (judicial review)

• The constitutional issue: Judicial Review

• 8. Affirmative Action is constitutional for college admissions as long as race is not the only factor used for admission

• Constitutional Issue: 14th amendment; equal protection of the law

• 9. Law officials must notify accused persons of their rights when they are taken into custody.

• Constitutional Issue: 5th amendment; self-incrimination.

• 10. Declared that state laws requiring the separation of races was constitutional as long as the states provided “separate but equal” facilities.

• Constitutional Issue: Reserved Powers

• 11. Evidence obtained by law officials in “good faith” is still admissible (usable) in court even if a search warrant shouldn’t have been issued.

• Constitutional Issue: 4th amendment – searches and seizures

• 12. Overturned Plessy v. Ferguson and therefore outlawed segregation in public schools.

• Constitutional Issue: 14th amendment; equal protection of the laws.

• 13. State governments can not tax an agency of the federal government and the national bank is constitutional.

• Constitutional Issue: Supremacy Clause

• 14. School officials only have to have “reasonable cause” to search students suspected of crimes on school grounds and do not need a search warrant to do so.

• Constitutional Issue: 4th amendment; searches and seizures

• 15. Student’s rights to freedom of speech can not be limited when they do not disrupt the learning process in schools.

• Constitutional Issue: 1st amendment; freedom of expression

• 16. States can not regulate interstate trade because it is a power given to the federal government by the Constitution.

• Constitutional Issue: Expressed powers, Supremacy Clause

• 17. Flag burning was constitutionally protected as a means of free expression.

• Constitutional Issue: 1st amendment; freedom of expression.

• 18. Freedom of assembly could not be dismissed as disturbing the peace in order to break-up a protest.

• 1st amendment; freedom of assembly.

• 19.States did not have to provide an attorney in criminal cases unless the accused person was on trial for a capital crime or there were special circumstances, such as illiteracy.

• Constitutional Issue: 6th amendment, right to an attorney

• 20. Freedom of religion was constitutionally protected, but religious practices could not break the law.

• Constitutional Issue: 1st amendment; freedom of religion.

• 21. The government can not limit freedom of the press for information that was given to newspapers voluntarily, if it does not violate national security.

• Constitutional Issue: 1st amendment; freedom of press

• 22. The government could limit the freedom of citizens during times of war. Therefore the prison camps for Japanese Americans did not violate the Constitution.

• Constitutional Issue: 5th and 6th amendments; Expressed powers

• 23. State laws barring abortion are unconstitutional that ban abortions prior to the time that the baby can live without the mother.

• Constitutional Issue: 9th amendment; right to privacy.

• 24. States must follow the fourth amendment when gathering evidence and upheld the “exclusionary rule”, that evidence obtained illegally is not admissible in court.

• Constitutional Issue: 4th amendment; searches and seizures

• 25. The president can not use “executive privilege” to protect himself, but only for matters that affect national security.

• Constitutional Issue: Checks and Balances

• 26. Law officials not only had to have a search warrant to enter a home, but evidence obtained without a warrant was inadmissible in court, the “exclusionary rule”

• Constitutional Issue: 4th amendment; exclusionary rule.

• 27. States must provide an attorney in all criminal cases even if the accused can not afford one.

• Constitutional Issue: 6th amendment; right to an attorney.

• 28. Schools do not violate the first amendment by controlling the content of school newspapers.

• 1st amendment; freedom of the press

• 29. Students freedom of speech can be limited at school if it causes a disruption and when needed.

• Constitutional Issue: 1st amendment; freedom of speech

1. Dred Scott vs. Sanford (1857)

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2. Schenk v. United States (1919)

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3. Engel v. Vitale (1962)

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4. Wisconsin v. Yoder (1972)

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5. Gregg v. Georgia (1976)

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6. Furman v. Georgia (1972)

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7. Marbury v. Madison (1803)

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8. Univ. of California v. Bakke (1978)

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9. Miranda v. Arizona (1966)

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10. Plessy v. Ferguson (1896)

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11. U.S. v. Leon (1984)

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12. Brown v. Board of Education (1954)

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13. McCulloch v. Maryland (1819)

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14. New Jersey v. TLO (1985)

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15. Tinker v. Des Moines (1969)

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16. Gibbons v. Ogden (1824)

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17. Texas v. Johnson (1989)

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18. Gregory v. Chicago (1969)

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19. Betts v. Brady (1942)

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20. Reynolds v. U.S. (1879)

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21. NY Times v. U.S. (1971)

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22. Korematsu v. U.S. (1944)

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23. Roe v. Wade (1973)

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24. Mapp v. Ohio (1961)

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25. U.S. v. Nixon (1974)

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26. Weeks v. United States (1914)

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27. Gideon v. Wainwright (1963)

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28. Hazelwood v. Kuhlmeier (1988)

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29. Bethel v. Fraser (1986)

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