Important Supreme Court Cases. Marbury v. Madison Does the Judiciary Act of 1789 allow Marbury to take his case directly to the Supreme Court? Does the.

Important Supreme Important Supreme Court CasesCourt Cases

Marbury v. MadisonMarbury v. Madison

Does the Judiciary Act of Does the Judiciary Act of 1789 allow Marbury to 1789 allow Marbury to take his case directly to take his case directly to the Supreme Court?the Supreme Court?

No…the law was ruled to No…the law was ruled to be unconstitutional…it be unconstitutional…it established judicial review established judicial review (the power of the court to (the power of the court to decide the constitutionality decide the constitutionality of laws and executive of laws and executive branch actions)branch actions)

Plessy v. FergusonPlessy v. Ferguson Is it legal to segregate blacks and Is it legal to segregate blacks and

whites on railroad cars?whites on railroad cars? Yes, they can be “separate, but Yes, they can be “separate, but

equal” – legalized segregationequal” – legalized segregation

Schenck v. U.S.Schenck v. U.S.

Can a person hand out pamphlets Can a person hand out pamphlets during a time of war that urge others during a time of war that urge others to resist the draft?to resist the draft?

No, it presents a danger to our No, it presents a danger to our national securitynational security

Brown v. Board of EducationBrown v. Board of Education

Are black schools equal to white Are black schools equal to white schools?schools?

No, they are inherently unequal and No, they are inherently unequal and create a feeling of inferiority among create a feeling of inferiority among blacks…schools must be integratedblacks…schools must be integrated

Mapp v. OhioMapp v. Ohio

Can the police search Can the police search your house and use your house and use evidence in court without evidence in court without a warrant?a warrant?

No, it violates the 4No, it violates the 4thth Amendment and the Amendment and the evidence would not be evidence would not be admissible in courtadmissible in court

Tinker v. Des MoinesTinker v. Des Moines

Can a school suspend a Can a school suspend a student for wearing a student for wearing a black armband to school black armband to school to protest the Vietnam to protest the Vietnam War?War?

No, it would violate No, it would violate freedom of expression freedom of expression (speech) – students do (speech) – students do not shed their rights at not shed their rights at the schoolhouse gatethe schoolhouse gate

McCulloch v. MarylandMcCulloch v. Maryland

Does a State have the right to Does a State have the right to tax a federal bank?tax a federal bank?

No…it upheld:No…it upheld: Supremacy Clause (federal law – Supremacy Clause (federal law –

state law – county laws)state law – county laws) Elastic (Necessary and Proper) Elastic (Necessary and Proper)

Clause – it wasn’t written in the Clause – it wasn’t written in the Constitution that Congress could Constitution that Congress could create a federal bank, but it was create a federal bank, but it was implied by the borrowing, coining implied by the borrowing, coining money, and commerce powers)money, and commerce powers)

Texas v. JohnsonTexas v. Johnson

Could a State make a law forbidding Could a State make a law forbidding the desecration of the U.S. flag?the desecration of the U.S. flag?

No, it would violate freedom of No, it would violate freedom of expression (speech)expression (speech)

Roe v. WadeRoe v. Wade

Can a State law forbid one from Can a State law forbid one from having an abortion?having an abortion?

No, the law was unconstitutional No, the law was unconstitutional because it violated the 14because it violated the 14thth Amendment’s right to privacy Amendment’s right to privacy (substantive due process) – the case (substantive due process) – the case legalized abortion in all Stateslegalized abortion in all States

Korematsu v. U.S.Korematsu v. U.S.

Was it legal for the Was it legal for the government to force government to force Japanese-Americans Japanese-Americans to move to to move to internment camps internment camps during a time of war?during a time of war?

Yes, but only during a Yes, but only during a time of war because it time of war because it is for national security is for national security – your rights may be – your rights may be suspended during suspended during national emergenciesnational emergencies

New Jersey v. TLONew Jersey v. TLO

Can a school official search a Can a school official search a student’s belongings without student’s belongings without probable cause?probable cause?

No, it would violate the 4No, it would violate the 4thth AmendmentAmendment

Gideon v. WainwrightGideon v. Wainwright

Can courts refuse to give you a Can courts refuse to give you a lawyer if you are too poor to afford lawyer if you are too poor to afford one?one?

No, one must be appointed for youNo, one must be appointed for you

Miranda v. ArizonaMiranda v. Arizona

Can the police use a confession Can the police use a confession obtained during questioning in court obtained during questioning in court without the suspect knowing their without the suspect knowing their rights?rights?

No, it would be inadmissible in No, it would be inadmissible in court…established Miranda Rightscourt…established Miranda Rights

Furman v. GeorgiaFurman v. Georgia

Can a judge alone rule whether a Can a judge alone rule whether a person should have the death person should have the death penalty?penalty?

No, there must first be a grand jury No, there must first be a grand jury trial and then a second trial for trial and then a second trial for sentencing if the crime could be sentencing if the crime could be punishable by deathpunishable by death