Supreme Court Cases

1. Supreme Court Cases

2. Marbury v. Madison 1803 • William Marbury v. James Madison • Est. Judicial Review- the authority for the S.C. to determine whether legislation/actions are constitutional. W. Marbury J. Madison

3. McCulloch v. Maryland 1819 • Congress charted the Second Bank of the US (BUS) • Opposition from much of the country • Saw it as a monster monopoly. • State of Maryland placed a heavy tax on the BUS • Cashier of the MD BUS branch James McCulloch refused to pay tax to MD. • State courts ruled against McCulloch • McCulloch took it to the S.C.

4. McCulloch v. Maryland 1819 • S.C. ruled in favor of McCulloch b/c… • States cannot tax the federal government. • Upholds Article 6: Supremacy Clause • Federal Government > State Government

5. Mapp v. Ohio 1961 • Dollree Mapp suspected of harboring a fugitive. • Police show up and she wouldn't let them in. • Cops leave • 3 hours later burst in her home holding up paper saying it was a warrant. • It wasn’t. • Mapp’s attorney shows up • Cops refuse to let him in • Upon search of her home (illegally) they find lewd photos & books. She’s arrested & convicted .

6. Mapp v. Ohio 1961 • S.C. ruled in favor of Mapp • No evidence illegally seized may be used in court under the exclusionary rule. • Protected under the 4th and 14th amendment.

7. Gideon v. Wainwright 1963 • Clarence Gideon broke into a pool hall • Stole $ from cig machine & wine • Asked for a lawyer • FL law says: • lawyer is appointed only in capital offenses. • G represents himself, poorly. • Sentenced 5 years. • Appealed to S.C. based on 6th amendment. • Right to counsel

8. Gideon v. Wainwright • The Supreme Court ruled in favor of Gideon • Upholds the 6th amendment and the right to an attorney. • G was retried with an appointed lawyer and he was acquitted from the charges.

9. Furman v. Georgia 1972 • William Furman broke into a home and “accidentally” shot the homeowner. • Sentenced to death. • Furman felt death penalty violated the 8th amendment • Cruel & unusual punishment • S.C. ruled in favor of Furman • Suspended the death penalty as a violation of the 8th & 14th amendments.

10. Gregg v. Georgia 1976 • Troy Leon Gregg robbed and murdered 2 men & given the death penalty. • Gregg took it to the S.C. to try and reverse his death penalty under violation of the 8th amendment. • S.C. ruled in favor of Georgia b/c… • The 8th amendment was really talking about barbaric/tortuous punishment and the death penalty did not violate the 8th if it fit the crime. • Brought back the death penalty.

11. Roe v. Wade 1973 • “Jane Roe” wanted an abortion in Texas, where it was illegal. • Said it violated her right to privacy, which could be inferred from 1st, 4th, 5th, 9th and 14th amendments. • S.C. ruled in favor of Roe b/c… • only a woman and her Dr. can determine what’s best during the first trimester (1st 12 weeks). • Gives women the right to abortion within first trimester.

12. Plessy v. Ferguson 1896 • Louisiana law (Separate Car Act) requiring RR’s to have “separate but equal” RR cars. • Homer Plessy (1/8 black) sits in white car. And won’t go to black car. Arrested & taken to jail for breaking law. • P. appeals saying it’s a violation of his 14th am right.

13. Plessy v. Ferguson 1896 • S.C. said that it was not a violation of the 14th am b/c there were “equal” facilities provided. • Creates the legal basis for the “separate but equal” doctrine and legitimizes Jim Crow laws.

14. Brown v. Board of Education of Topeka, KS 1954 • African American children were denied admittance to all white schools. • NAACP worked with families of school children to challenge the “separate but equal” doctrine set by Plessy v. Ferguson,1896. • Violation of the equal protection clause of the 14th amendment.

15. Brown v. Board of Education of Topeka, KS 1954 • S.C. ruled unanimously in favor of Brown and the desegregation of public schools b/c it not only violated the 14th am., but it also caused psychological damage to A.A. children. • Ends separate but equal

16. Regents of the University of California v. Bakke 1978 • 1960s affirmative action programs est. to help minorities advance. Ex) College admissions, jobs • Allan Bakke (33 White) applied to U of CA Med school. • Denied. • Had slightly lower scores than fellow white students but higher aptitude scores. • U of CA admitted 16 (minority) students through the special admissions program. • Had significantly lower scores than Bakke.

17. Regents of the University of California v. Bakke 1978 • Was this reverse discrimination and a violation of the equal protection clause of the 14th amendment? • Yes, if the admission to a university was based solely on race. Race may be used as a factor, but not the only criteria. • Allan Bakke was admitted to U of CA

18. Engle v. Vitale 1962 • "Almighty God, we acknowledge our dependence on Thee, and we beg Thy blessings upon us, our parents, our teachers, and our Country.” • daily prayer from the NY State Board of Regents. Recited every morning at the beginning of school. Students could be excused from reciting the prayer.

19. Engle v. Vitale 1962 • Parents (Engle & others) upset over the prayer as a violation of their 1st am. right to freedom of religion and the establishment clause. • S.C. ruled in favor of Engle b/c… • It completely violated the est.. clause b/c a “prayer composed by gov’t officials as part of a gov’t program to further religious beliefs breaches the Const.” • Public schools are not allowed to encourage any sort of religious beliefs/prayer even if they are non-denominational.

20. Hazelwood School District v. Kuhlmeier 1988 • Principal removed 2 pages from a school newspaper b/c the dealt w/ teen pregnancy and divorce. He felt the girls discussed would be easily identified. • Students felt it was a violation of their 1st am. Right to free speech. • 3 former students sued the principal for this violation. • S.C. says… • Not a violation of 1st am. b/c it was a school newspaper and students do not have the same free speech rights in a school setting as adults do on the public forum.

21. Tinker v. Des Moines 1969 • In protest to the Vietnam War John & Mary Beth Tinker & Chris Eckhart wore black armbands to school. • They were asked to remove them, refused, and then suspended. • Took the case to the S.C. as a violation of their 1st am right to free speech

22. Tinker v. Des Moines 1969 • S.C. ruled in favor of Tinker b/c… • The armbands were not offensive or disruptive. • As long as a students “speech” is not disruptive then it can not be limited. • Student’s don’t shed all of their 1st am. rights because they enter a school.

23. Texas v. Johnson 1989 • During the 1984 RNC Gregory Johnson burned a flag in protest of Reagan & his policies while chanting, “Red, white & blue we spit on you!” • 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.

24. Texas v. Johnson 1989 • Is flag burning protected under the 1st amendment freedom of speech? Or is the flag a sacred item that is above freedom of speech? • Flag burning is protected under the 1st amendment freedom of speech.

25. U.S. v. Nixon 1974 • After the Watergate scandal surfaced, which involved President Nixon (R) and his reelection committee breaking into the Democratic National Headquarters, going through files, wiretapping phones, etc. trying to find damaging info about the Democrats. • Nixon kept tape recordings of convos in the White House. • The prosecutors wanted those tapes!!! & Nixon said no, I have executive privileges!

26. U.S. v. Nixon 1974 • Can the President use his “executive privileges” of confidentiality in order to keep himself out of hot water? • NOOOOOO. Nixon had to give in to the subpoena and release the tapes. There is a limit of “executive privileges. • He resigned shortly after.

27. Swann v. CMS 1971 • After Brown v. Board of Ed. little progress was made in desegregating public schools. • B/C of racially segregated housing patterns and resistance by local leaders, many schools remained as segregated as they were at the time of the Brown decision. • In CMS 14,000 black students attended 99% black schools. • NAACP funded the case on behalf of Vera and Darius Swann, parents of a child(6), sued the CMS to allow their son to attend Seversville Elementary School, closest to their home and then one of Charlotte’s few integrated schools.

28. Swann v. CMS • Did the federal gov. have the authority to oversee methods of desegregation? • Yes, S.C. unanimously upheld busing programs that aimed to speed up the racial integration of public schools in the United States

29. Korematsu v. U.S. 1944 • After the US entered WWII, & therefore fighting against the Japanese. • Pres. FDR signed executive order 9066 which banned U.S. citizens of Japanese from living along the west coast states. • Interment camps were set up as housing for the relocated citizens. • Poor conditions, violence and rape ensued.

30. Korematsu v. U.S. 1944 • Fred Korematsu (American born) refused to leave his home and was arrested for violating E.O. 9066. • Appealed to S.C. saying it was unconstitutional to force people of Japanese ancestry out of their homes and into interment camps.

31. Korematsu v. U.S. 1944 • S.C. said that in times of war that it was necessary and though it be unfortunate for the Japanese Americans, the security of the nation was more important. • Interment of a racial group, even if they are citizens is legal and constitutional in times of war • Now illegal by Congress (1988)

32. Dredd Scott v. Sanford

33. In Re Gault 1967 • Gerald Gault(15) was @ home when his friend made vulgar phone calls to a neighbor. • Gault was arrested & taken to the juvenile delinquent center. • Mom was never notified. • Denied notice of the charges, right to counsel, right to confront/cross examine witness, & protection from self-incrimination.

34. In Re Gault 1967 • Sentenced to 5 years confined in the State Industrial School. • S.C. said that just because he was a minor he could not be denied due process & his 5th & 6th amendment rights.

35. Van Orden v. Perry

36. Cruzan v. Missouri Dept. of Health 1989 • 1983 Nancy Beth Cruzan (25) was in a horrible car accident. • Cruzan was a “vegetable”, only living b/c of life support machines • After five years of artificial feeding and hydration at the annual cost of $130,000, and with increasing physical deterioration, Cruzan's parents requested that the feeding tube be removed so that their daughter could die a "natural death.“ • MO said there wasn’t enough evidence that she would have wanted to be taken off life support.

37. Cruzan v. Missouri Dept. of Health 1989 • Does the 14th am. protect you from refusing medical treatment? • Yes, if there is proper documentation that a person would want treatment to stop if they were unable to make that decision for themselves. • Unfortunately Cruzan did not have proper documentation.

38. Roper v. Simmons 2002 • Christopher Simmons (17) & friend broke into Shirley Cook’s home, robbed her, kidnapped her, killed her, and dumped her body into the river. • Simmons bragged about the murder. Idiot. • Went to court and confessed fully. • Sentenced to DEATHHHHHH.

39. Roper v. Simmons 2002 • Is it constitutional to sentence a juvenile to death? • NO. Executing juveniles is considered cruel and unusual punishment according to the 8th am.

40. Board of Education v. Earls • The Student Activities Drug Testing Policy adopted by the Tecumseh, Oklahoma School District requires all middle and high school students to consent to urinalysis testing for drugs in order to participate in any extracurricular activity. • Two Tecumseh High School students and their parents brought suit, alleging that the policy violates the Fourth Amendment. • S.C. said students give up some of their rights to privacy when they participate in extracurricular activities and drug testing is allowed. • Doesn’t violate 4th am.

41. Gonzales v. Raich 2005 • In 1996 California voters passed the Compassionate Use Act, legalizing marijuana for medical use. • California's law conflicted with the federal Controlled Substances Act (CSA). • Angel Raich’s marijuana was seized by the DEA. • S.C. said it was legal for DEA to conduct raids and seize medical marijuana b/c the state laws violate the federal laws. • Supremacy Clause, Article 6 held up