SUPREME COURT CASES

SUPREME COURT CASES

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

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

SUPREME COURT CASES