IMPORTANT US SUPREME COURT DECISIONS. Marbury v. Madison (1803) federal powers Checks and Balances Judiciary Act of 1789 part of the act was unconstitutional.

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).