SUPREME COURT CASES. Marbury v Madison This case establishes the Supreme Court's power of judicial review. Constitutional basis: supremacy clause What.

SUPREME COURT CASES

Marbury v Madison

This case establishes the Supreme Court's power of judicial review. Constitutional basis: supremacy clause What say?

McCulloch v Maryland

• Congress can create a national banK under the Necessary and Proper Clause. – Increases federal government power.

• States cannot tax federal government.– Power to tax is the power to destroy. States

can’t destroy federal government.

Gibbons V Ogden

• Congress controls interstate trade.

• Increases federal power.

Miranda v Arizona

• Due process/Self- Incrimination

• Does the fifth amendment guarantee that the police must tell you of your rights before questioning?

• Must be read rights.

• Extended the rights of the accused.

Plessy v. Fergeson

• Upheld polices of separate but equal. Later reversed in Brown v. Topeka

Korematsu v US

• U.S. can detain individuals during a time of crisis without due process of law.

• Later apologized for action.

• Shows we need to follow due process even in time of national emergency.

Brown v. Topeka Board of Education

• Overturned Plessy

• Required integration in public schools

• Ended segregation in public schools.

• Example of flexibility and interpretation of the constitution.

Mapp v Ohio

• Establishes the exclusionary rule.

• Evidence found illegally without a search warrant or probable cause is not admissable during the trial.

Gideon v Wainwright

• Right to an attorney.

• Increases rights of the accused.

• Protects due process of law.

• Incorporates 6th amendment to states using 14th

Reynolds v. Sims

• Required legislative districts to be equal in population

• Established one-man, one-vote principle

In Re Gualt

• Due process must still be followed in juvenile cases.

• The due process is different than that of adults but it must be followed.

Tinker v. Des Moines

• Students have freedom of expression as long as it does not interfer with the learning process.

Roe v. Wade

• Court ruled that the woman’s right to an abortion is protected by her right to privacy and the fourteenth amendment. A woman’s right to an abortion is unlimited in the first trimester.

Texas v Johnson

• Burning the flag is guaranteed as a freedom of expression

• Protects freedom of expression under the first amendment.

N.J. v. T.L.O

• Permits school officials to search students and their materials without a search warrant

Furman v Georgia

• Declared the process for determining who gets the death penalty to be unconstitutional.

• It did not say the death penalty was unconstitutional;

• It required states to set up a due process for determining who would be eligible for it.

Bakke v. Regents of California

• Reverse discrimination is not permitted

• Colleges can’t use race as the only determining factor in admissions

Bethel v. Frasier

• Case upheld limiting a student’s freedom of speech if speech is lewd or offensive by community standards

Hazelwood v. Kuhlmeier

• Upheld the right of educators to limit what can be published in the school newspaper

Engel v. Vitale

• Struck down prayer in school.

• No state led, mandatory prayer in school.

Swann v. Charlotte Mecklenburg

• Said no rigid guidelines could be established concerning BUSING of students to integrate schools

Heart of Atlanta v. U.S.

• Prohibited racial discrimination by businesses on the interstate commerce clause

US v Nixon

• President does not have complete executive privilege.

• Can’t claim executive privilege when covering up a crime.

• Watergate issue.

The Leandro Case

• Students of North Carolina have the right to a quality education

• Does not require equal funding by each educational administration

Mann v. N.C.

• Slaveholders couldn’t be punished for beating their slaves as slaves were considered property

• Issue is state authority.

Schenck v. U.S.

• Established the “clear and present danger” rule;

• Upheld conviction of WWI protester:

• 1st amendment issue