Landmark Supreme Court Cases

1. Landmark Supreme Court Cases

2. The Supreme Court expands its Powers

3. U. S. v. Nixon Facts of the Case Watergate Hotel; burglars break into Democratic Party headquarters. White House staff are charged with the crime. Prosecutor found out President Nixon taped conversations with his staff. Nixon is ordered to turn over the tapes. President refuses. Prosecutor sues the President in order to have him turn over the tapes. Questions Presented: Does the executive branch have the privilege to withhold information from criminal investigation (judicial branch). • Conclusion: • Executive privileges are subordinate to the due process rights of criminal investigations.

4. Marbury v. Madison, 1803 • Facts of the Case • John Adams tried to appoint Marbury and several other guys to positions before he left office of Presidency. • The last minute attempts were never finalized • The angry appointees sued for their jobs in the Supreme Court • Question Presented • Is Marbury entitled to his appointment? • Conclusion • -Yes • - Established “Judicial Review” the ability for courts to interpret the Constitution

5. McCulloch v. Maryland, 1819 • Facts of the Case • -Congress created the Second Bank of the United States • In 1818 the state of Maryland passed extra taxes on the bank • James McCulloch refused to pay the taxes • Question Presented • Did Congress have the authority to establish the bank? • Did Maryland law unconstitutionally interfere with congressional powers? • Conclusion • CONGRESS had the power to establish banks through implied powers • The federal government cannot be taxed by state governments

6. Gibbons v. Ogden, 1824 • Facts of the case • A New York state law gave Aaron Ogden a license to operate steamboats on waters within state jurisdiction • Thomas Gibbons had a similar license to do the same thing but his was a Federal coasting license granted by Congress • Questions Presented • -Who had the power to regulate interstate commerce? • Conclusion • - The Court found that Congress had more power issuing license for “interstate commerce” because under the Constitution the Congress had all power over regulating commerce.

7. Supreme Court and Individual Rights 14th Amendment

8. Facts of the Case • Louisiana passed a law that required separate railway cars for blacks and whites • Homer Plessy took a seat in the a “white only” car of a train. He refused to move to the car for blacks and was arrested • Question Presented • Did this arrest violate his 14th amendment (equal protection) • Conclusion • Conclusion “You can keep things separated as long as they are equal.” “Separate but equal” Plessy v. Ferguson, 1896

9. Brown v. Board of Education,1954 • Facts of the Case • Schools were separate by race and Linda Brown had to walk five miles to school through a dangerous train switching ground when a white school was one block from her home. He father sued to get his daughter allowed in the white schools. • Question • -Is segregation a violation of the 14th “equal protection” amendment? • Conclusion • - “YES” you cannot possibly by separated and equal because “Separate is NOT equal” *** Swann v. Charlotte-Mecklenburg B.O.E

10. Swann V. Charlotte Mecklenburg Board of Education-1969 http://graphics8.nytimes.com/images/2006/12/10/weekinreview/10liptak.600.jpg http://www.reclaimcivilrights.org/images/timeline/07_1974.jpg

11. Swann V. Charlotte Mecklenburg Board of Education-1969 • Facts of the Case: School officials at the large public school district of Charlotte Mecklenburg, North Carolina were acting slowly to federal court ordered integration in Brown vs. Board of Edu. • Questions Presented Busing students to schools outside of their district in order to achieve integration. • Decision: Court held that busing was an appropriate remedy for the problem of racial imbalance. • Lasting Impact: Prohibited Racial Segregation in schools. Busing was used as a way to “properly” integrate schools

12. Heart of Atlanta Motel v. U.S., 1964 • Facts of the case • The Civil Rights Act of 1964 forbade racial discrimination in public places. • The Heart of Atlanta Motel in Atlanta, Georgia refused to accept Black Americans • Question presented • -Did Congress deprive motels of the right to choose their own customers? • Conclusion • -The Court concluded that public places had no “right to select guests as they saw fit, free from government regulations….THEY HAD TO OPEN THE DOORS TO ALL.

13. Korematsu v. United States, 1944 • Facts of the case • During World War II, President issued an Executive Order to detain all Japanese Americans into containment camps during to the bombing of Pearl Harbor. Korematsu refused to leave his girlfriend and go into the camps. • Question presented • Did the President and Congress go beyond their war power by restricting the rights of American Japanese descent • Conclusion • - The courts sided with the government and held that the need to protect against espionage outweighed Korematsu’s rights.

14. Regents of the University of California V. Bakke-1978 http://www.landmarkcases.org/bakke/images/clown_cartoon.gif

15. Once Dred Scott and his family were finally freed in 1858, they lived in St. Louis Missouri, where Scott was a local celebrity until his death only 18 months later. He died of tuberculosis in 1858. Scott v Sanford 1857 Roger Taney remained Chief Justice until after the Civil was began, although by that time he was hated by both the North and South, including president Lincoln.

16. When & Where?(the arrows depict Dred Scott’s voyage from slave to free back to slave territory) St. Louis Misouri, location of early court proceedings Washington D.C., location of Supreme Court hearing Free territories Scott lived in

17. Decision of Supreme Court • The Scott’s daughters were added to the case • March 1857: Scott lost the decision as seven out of nine Justices on the Supreme Court declared no slave or descendant of a slave could be a U.S. citizen, or ever had been a U.S. citizen • As a slave and therefore a non-citizen Scott had no rights and could not sue in a Federal Court

18. State of NC v Mann 1830 • Decision before the court: • Is killing a slave a crime? • Facts of the case: • Mann, the slave owner, was found guilty by a jury of twelve white men drawn from his community, for killing his slave. The court imposed a five dollar fine. • Decision of the state court: • The North Carolina Supreme Court overruled the conviction of the local jury on the grounds that slaves were the absolute property of their owners. Actions of the owners could not be punished by law unless the state legislature authorized such punishment. For which they did not. • Effects of the decision: • The state reaffirmed that slaves were property.

19. The History of Leandro • In May 1994, parents, school boards and students from five low-wealth counties (Cumberland, Halifax, Hoke, Robeson and Vance) against the State Board of Education and the State of North Carolina. Some of the poorest counties in the State said that the State did not provide enough money for them to provide their children with a quality education. The lawsuit is commonly known as Leandro, after a named plaintiff in the case. • Six urban school districts also asked to be parties to the Leandro lawsuit, stating that the state funding formula did not provide them with sufficient money to educate their at-risk students and students for whom English is not their first language. [ Asheville City, Buncombe County, Charlotte-Mecklenburg, Durham County, Wake County, and Winston-Salem-Forsyth] • Eventually the matter was heard by the North Carolina Supreme Court. In 1997, the Supreme Court breathed new life in the case by finding that our state constitution guarantees “every child of this state an opportunity to receive a sound basic education in our public schools.”

20. Definition of a Sound Basic Education • “(1) Sufficient ability to read, write and speak the English language and sufficient knowledge of fundamental mathematics and physical science to enable the student to function in a complex and rapidly changing society; • (2) sufficient fundamental knowledge of geography, history and basic economic and political systems to enable the student to make informed choices with regard to issues that affect the student personally or affect the student’s community, state, and nation; • (3) sufficient academic and vocational skills to enable the student to successfully engage in post-secondary education or vocational training; • (4) sufficient academic and vocational skills to enable the student to compete on an equal basis with others in further formal education or gainful employment in contemporary society.” • Leandro v. State , 346 N.C. 336, 347, 488 S.E.2d 249, 255 (1997)

21. Supreme Court and the Freedoms of the First Amendment

22. Engel v. Vitale, 1962 • Facts of the Case • The Board of Regents for the State of New York authorized a short, voluntary prayer for recitation at the start of each school day. • “ Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country.” • Question Presented • Does the reading of a nondenominational prayer at the start of each school day violate the “establishment of religion” clause of the First Amendment? • Conclusion • - YES, Neither the prayer’s nondenominational character nor its voluntary character saves it from unconstitutionality. By providing the prayer, New York officially approved religion.

23. Tinker V. Des Moines, 1969 • Facts of the Case • John Tinker (15), Mary Beth Tinker (13), and Christopher Echardt (16) decided to protest the vietnam war by wearing black arm bands to their school during the Christmas holiday seasion • The principals of the school districts said that all student wearing these arm bands were to take them off or face suspensions. They feared it would provoke disturbances • The students wore their armbands anyway and when they did not take them off they were suspended until after New Year’s Day • Questions • -Did this violate the students’ “First amendment right?” • Conclusion • - The wearing of the armbands was part of freedom of speech. Although school officials have the right to prohibit certain actions, they fail to show how the protest would cause trouble and disturbance in the school setting

24. Regents of the University of California V. Bakke-1978 • Facts of the Case: -Allan Bakke was a highly qualified graduate who applied to the University of California Medical School twice and was denied. The school had set aside specific slots for minorities to increase minority presence due to affirmative action. He sued the school because he felt he was discriminated upon due to his race. • Affirmative action” means positive steps taken to increase the representation of women and minorities in areas of employment, education, and business from which they have been historically excluded. • Questions Presented • Affirmative Action • 14th Amendment-Equal Protection Clause • Conclusion: The court held that a university could consider an applicant’s race in making admissions decisions, but the use of strict racial quotas in affirmative action programs was not permissive. Universities may use race as an admission factor but they can not save certain positions specifically for a racial group

25. Bethel School District No. 403 v. Fraser, 1986 • Facts of the case • At a school assembly Matthew Fraser made a speech nominating a fellow student for elective office • In his speech Matthew used a graphic sexual metaphor to promote the candidacy of his friend. • Fraser was suspended from school for two days • Question Presented • Does the First Amendment prevent a school district from discipline a high school student for giving a lewd speech at a high school assembly? • Conclusion • - No, the court found that it was appropriate for the school to prohibit the use of vulgar and offensive language.

26. Fraser’s Speech "I know a man who is firm - he's firm in his pants, he's firm in his shirt, his character is firm - but most [of] all, his belief in you the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and nail it to the wall. He doesn't attack things in spurts - he drives hard, pushing and pushing until finally - he succeeds. Jeff is a man who will go to the very end - even the climax, for each and every one of you. So please vote for Jeff Kuhlman, as he'll never come between us and the best our school can be [long pause after the word "come"

27. Hazelwood School District v. Kuhlmeier,1988 • Facts of the case • -THE SPECTRUM, the school-sponsored news paper of Hazelwood East High School, was written and edited by students. • - The Principal, received the proof of the May 13th issue and found that two of the articles were inappropriate • He ordered that the pages on which the articles appeared by withheld from publication • Cathy Kuhlmeier and two other former Hazelwood students brought the case to court • Question Presented • Did the deletion of the articles violate the student’s 1st Amendment right? • Conclusion • - NO, school newspapers are sponsored by the school and articles not directly reflecting the view of the school for “learning” purposes can be deleted from the paper.

28. Texas v Johnson,1989 • Facts of the case • -Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. • Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and assessed a $2,000 fine. • Question of the case • Is the burning of an American flag a form of speech protected under the 1st Amendment? • Conclusion • - The court found that the burning of the flag is protected under “expression” in the 1st amendment.

29. 4th Amendment Search and Seizure

30. Mapp v. Ohio, 1961 • Facts of the case • Dolree Mapp was suspected of hiding a bombing suspect in here home. Police showed up without a valid search warrant. Police found pornographic materials and arrested her for possession of pornographic materials. • Question Presented • May evidence obtained through a search in violation of the 4th amendment be admitted in a state criminal proceeding? • Conclusion • - Materials obtained from a violation of the 4th Amendment is inadmissible in a state court Search Warrant

31. New Jersey v. T.L.O, 1984 • Facts of the Case • T.L.O was a 14 year old accused of smoking in the girl’s bathroom • A principal at the school questioned her and searched her purse and found a box of cigarettes and rolling papers • He decided to search the pocketbook further and found a bag of marijuana (and other drug paraphernalia), plastic bags, money, and a list of people who still owed her money. • Question presented • Did the search violate the 4th Amendment? • Conclusion • NO, the school official is allowed to search a student if he/she has reasonable suspicion that a crime has been committed or is in the act of being committed.

32. 5th Amendment Supreme Court Rights of the Accused

33. Miranda V. Arizona, 1966 • Facts of the case • -Ernesto Miranda had been arrested at his home in Phoenix, Arizona and accused of kidnapping and rape. • -He was questioned at the police station by 2 police officers has was not advised of his right to an attorney nor his right to remain silent. • -After two hours of interrogation, he signed a written confession to the crime. • He was found guilty and sentenced to 20 to 30 years in prison • Question • -Does the police practice of interrogating individuals without notifying them of their right to counsel and their protection against self-incrimination violate he 5th Amendment? • Conclusion • -A person in police custody “or otherwise deprived of his freedom…must be warned prior to any questioning that he has the right to remain silent, and that anything he says can be used against him in the court of law..”

34. In Re Gault, 1967 http://www.cartoonstock.com/newscartoons/cartoonists/mba/lowres/mban960l.jpg

35. In Re Gault, 1967 • Facts of the Case: Gerald F. Gault (15 years old) was arrested making obscene phone calls while on probation. • Police arrested him without notifying his parents at work. • In juvenile court he was found guilty and sent to a reform school until the age of 21. • Questions Presented: Due Process Clause listed under the 14th amendment. • Conclusion: The Supreme court determined the proceedings of the Juvenile Court were unconstitutional due to violation of due process clause of the 14th amendment

36. 6th Amendment • Right to Council/Lawyer • Speedy Trial

37. Gideon V. Wainwright, 1963 • Facts of the Case • Gideon was charged in a Florida state court with a felony for breaking and entering. • He lacked funds as was unable to hire a lawyer to prepare his defense • When he requested the court to appoint an attorney for him, the court refused • Gideon defended himself in the trial; he was convicted by a jury and the court sentenced him to 5 years in a state prison • Question presented • -Did the state court’s failure the appoint counsel for Gideon violate his right to a fair trial and due process of law as protected by the 6th 14th (equal protection) • Conclusion • - Gideon had the right to be represented by a court-appointed attorney. The right to an attorney was essential to a fair trial. Lawyers in criminal courts are necessities, not luxuries.

38. 8th Amendment • No Cruel and Unusual Punishment

39. Furman V. Georgia-1972 http://www.reachandteach.com/content/img/civ/civio0013.gif

40. Furman V. Georgia-1972 • Facts of the Case: William Henry Furman was robbing a house and the owner came home. He claimed that has he was running to leave he tripped and he weapon fired killing the owner. Furman was tried for murder and found guilty and was sentenced to death. • Question • Cruel and Unusual Punishment, • Death Penalty • Conclusion: The Supreme Court held that the death penalty constituted cruel and unusual punishment and violated the Constitution and states must rethink their capital punishments laws .

41. Gregg V. Georgia-1976 http://www.dc.state.fl.us/oth/timeline/images/1962/1976-RMC.jpg

42. Gregg V. Georgia-1976 • Facts of the Case: Gregg picked up 2 hitchhikers and robbed and murdered them. He was found guilty of armed robbery and sentenced him to death. Gregg challenged his death sentence for the murder, claiming that his capital sentence was a "cruel and unusual" punishment • that violated the Eighth and Fourteenth Amendments. • Question Presented: • Cruel and Unusual Punishment, • 8th Death Penalty • Conclusion:The Court held that a punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances. • Lasting Impact: In extreme criminal cases, such as when a defendant has been convicted of deliberately killing another, the careful and judicious use of the death penalty may be appropriate if carefully employed.

43. 9th Amendment • Rights to the citizens

44. Roe v. Wade, 1973 • Facts of the Case • Roe, a Texas resident sought to terminate her pregnancy by abortion. • Texas law prohibits abortions except to save the life of the woman • Question presented • -Should a women be allowed the rights to her own body? • Conclusion • - The court held that a women’s right to an abortion fell within the right to privacy protected by the 9th amendment and 14th equal protection under the law.