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Landmark Decision Cases

Landmark Decision Cases. What kind of cases does the U.S. Supreme Court hear?. Marbury v. Madison , 1803. Established judicial review- right of the Supreme Court to declare laws and actions of local, state and national governments unconstitutional. McCulloch v. Maryland, 1819.

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Landmark Decision Cases

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  1. Landmark Decision Cases

  2. What kind of cases does the U.S. Supreme Court hear?

  3. Marbury v. Madison, 1803 • Established judicial review-right of the Supreme Court to declare laws and actions of local, state and national governments unconstitutional

  4. McCulloch v. Maryland, 1819

  5. Gibbons v. Ogden, 1824 S.C. ruled Congress DOES have the right to REGULATE OR CONTROL interstate and foreign commerce Used elastic clause, Article 1, Section 8

  6. upheld the constitutionality of racial segregation even in public accommodations under the doctrine of "separate but equal". Plessy v. Ferguson, 1896

  7. Brown v. Board of Education 1954 Overturned the “separate but equal doctrine” established in Plessy v. Ferguson “began de-segregation of schools 14th Amendment

  8. ruled state courts are required under the Sixth Amendment of the Constitution to provide counsel (a lawyer) in criminal cases for defendants who are unable to afford their own attorneys. Clarence Gideon(Gideon v. Wainwright, 1963

  9. right against self-incrimination prior to questioning by police (protected by the 5th Amendment) Ernesto Miranda(Miranda v. Arizona, 1963

  10. Students do have freedom of speech (symbolic) rights under the 1st Amendment Mary Beth and John TinkerTinker v. Des Moines Iowa , 1969

  11. “Probable cause” v. “reasonable suspicion” School officials do not need a search warrant as long as search is deemed “reasonable” 4th Amendment New Jersey v. T.L.O., 1985

  12. “Exclusionary Rule” Evidence obtained illegally can not be used in court 4th and 14th Amendment Dollree Mapp Mapp v.Ohio (1963)

  13. If there is a legitimate or honest “mistake” made, courts will sometimes allow the evidence to be used “Good Faith Exception” Rule

  14. Case examined the rights of freedom of the press as outlined in the 1st Amendment when weighed against a defendant's right to a fair trial as required by the 6th Amendment Defendants have a right to a fair trial with impartial jury Dr. Sam Sheppard (Sheppard v. Maxwell, 1966

  15. Burning the American flag is protected by the 1st Amendment-the act is considered “symbolic speech” Texas v. Johnson, 1989

  16. Stopped the re-counting of ballots during the Bush/Gore 2000 election in Florida- allowed George W. Bush to win the election in Florida and the PRESIDENCY Bush v. Gore, 2000

  17. Minersville School District v. Gobitis, 1940 S.C. ruled that studentsmust stand and recite the pledge of allegiance-1st Amendment freedom of religion (free exercise clause) is not protected

  18. West Virginia v. Barnette, 1943 Oops…we made a mistake! Three years later S.C. ruled making students stand and recite Pledge of Allegiance DOES violate the free exercise clause of 1st Amendment (reversed West Viginia v. Barnette)

  19. Supreme Court ruled the line-item veto is unconstitutional-violates separation of powers Clinton v. New York, 1998

  20. The First Amendment, as applied through the Fourteenth, protected a newspaper from being sued for libel in state court for making false defamatory statements about the official conduct of a public official, because the statements were not made with knowing or reckless disregard for the truth. New York Times v. Sullivan, 1964

  21. S.C. ruled the Bill of Rights DOES NOT extend to the States State governments are not bound by the Fifth Amendment's requirement for just compensation in cases of eminent domain Barron v. Baltimore, 1833

  22. Gitlow v. New York, 1925 • Oops…we made a mistake again… S.C. ruled that 1st amendment is protected because of 14th amendment-1st time S.C. ruled Bill of Rights applies to the states • Though the Fourteenth Amendment prohibits states from infringing free speech, the defendant was properly convicted under New York's criminal anarchy law for advocating the violent overthrow of the government, through the dissemination of Communist pamphlets

  23. Texas law making it a crime to assist a woman to get an abortion violated her rights-based on the right to “privacy” implied by the 14th and 9th amendment Roe v. Wade, 1973

  24. The reapportionment of state legislative districts is not a political question, and thus is federal courts CAN hear cases Remember, for many years S.C. refused to hear state reapportionment cases because they said it was a “state” issue Baker v. Carr, 1962

  25. Constitution requires members of the House of Representatives be selected by districts composed, as nearly as is practicable, of equal population. Article 1, Section 2 14th Amendment-Equal Protection Clause Wesberry v. Sanders, 1963

  26. The Wisconsin Compulsory School Attendance Law (students have to go to school until they are 16 years old) violated the Free Exercise Clause of the First Amendment because required attendance past the eighth grade interfered with the right of Amish parents to direct the religious upbringing of their children.. Wisconsin v. Yoder, 1972

  27. U.S. v. Nixon, 1974 The Supreme Court does have the final voice in determining constitutional questions; no person, not even the President of the United States, is completely above law; and the president cannot use executive privilege as an excuse to withhold evidence that is 'demonstrably relevant in a criminal trial

  28. Persons of African descent cannot be, nor were ever intended to be, citizens under the U.S. Constitution Dred Scott v. Sanford (1857)

  29. The Constitution does not protect the President from civil litigation involving actions committed before he entered office. Clinton v. Jones, 1996

  30. Can you sue a “sitting” President? Paula Jones sued U.S. President Bill Clinton for sexual harassment. Eventually, the court dismissed the lawsuit, before trial on the grounds that Jones failed to demonstrate any damages. However, while the dismissal was on appeal, Clinton entered into an out-of-court settlement by agreeing to pay Jones $850,000 Clinton v. Jones, 1997

  31. Possession of a gun near school is not an economic activity that has a substantial effect on interstate commerce. A law prohibiting guns near schools is a criminal statute that does not relate to commerce or any sort of economic activity. Interpretation of “Commerce Clause,” Article I, Section 8 U.S. v. Lopez, 1995

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