1. Landmark Supreme Court Cases

2. The Supreme Court Expands its Power

3. Facts of the Case -John Adams tried to appoint Marbury and several other guys to positions before he left office. -The last minute attempts were never finalized by Sec of State Madison -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 strike down actions of other two branches as unconstitutional Marbury v. Madison 1803

4. 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 and the states have no influence over them -Implied Powers AND National Supremacy McCulloch v. Maryland1819

5. 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.

6. Supreme Court and Individual rights

7. Facts of the Case -Louisiana passed a law that required separate railway cars for blacks and whites -Homer Plessy (an “octoroon”) 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 and the segregation of cars violate his 14 th amendment (equal protection) Conclusion -NO. “You can keep things separated as long as they are equal.” “Separate but equal” Plessy v. Ferguson 1896

8. Brown v. Board of Education1954 Facts of the Case -Black children were denied admission to white public schools -Things were equal in terms of building, curricula, and qualifications of teachers salaries -Studies presented that children had worse view of self (Clark’s Doll Study) Question -Is segregation in violation of the 14 th “equal protection” amendment? Conclusion -“YES” you cannot possibly be separated and equal because you are separating things on the bases that they are not the same. “Inherently unequal” *** Swann v. Charlotte-Mecklenburg B.O.E (bussing)

9. Heart of Atlanta Motel v. U.S. 1964 Facts of the case -Title II of the Civil Rights Act of 1964 forbade racial discrimination by places of Public accommodation. -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 -NO. The Court concluded that places of public accommodation had no “right to select guests as they saw fit, free from government regulations….THEY HAD TO OPEN THE DOORS TO ALL. -(Congress also has the power to regulate Interstate Commerce)

10. Roe v. Wade 1973 Facts of the Case -Jane 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 -Does the Constitution protect the right to choose to have an abortion? Conclusion - Yes. The court held that a women’s right to an abortion fell within the right to privacy protected by the 14 th amendment.

11. Korematsu v. United States 1944 Facts of the case -During World War II, Presidential Executive Order 9066 gave the military authority to exclude citizens of Japanese ancestry from areas deemed critical to nation defense. Japanese were placed in “internment camps.” Question presented -Did the President and Congress go beyond their war power by implementing exclusion and restricting the rights of American Japanese descentConclusion - No. The courts sided with the government and held that the need to protect against espionage outweighed Korematsu’s rights.

12. Supreme Court and the Power of Speech

13. 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 season -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 -yes. The wearing of the armbands was part of freedom of speech. Although school officials have the right to prohibit certain actions (student rights ARE limited, but... ), they fail to show how the protest would cause disturbance in the school setting. LESSON: Student free speech is protected UNLESS it interferes with the education of others.

14. 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 13 th issue and found that two of the articles were inappropriate in his opinion -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 censorship violate the student’s 1 st Amendment right to freedom of the press? Conclusion -NO, school newspapers are sponsored by the school and articles not directly reflecting the view of the school can be deleted from the paper. -Newspaper is for “learning purposes” not freedom of expression.

15. 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, violating the “establishment clause” of the 1 st Amendment.

16. Bethel School District No. 403 v. Fraser, 1986 Facts of the case -At a school assembly student 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 or profane 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.

17. 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 1 st Amendment? Conclusion - YES. The court found that the burning of the flag is protected under “expression” in the 1 st amendment.

18. Supreme Court and the Rights of the Accused

19. Mapp v. Ohio, 1961 Facts of the case -Dolree Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive. Question Presented -Were the confiscated materials protected by the first amendment? -May evidence obtained through a search in violation of the 4 th amendment be admitted in a state criminal proceeding? Conclusion - EXCLUSIONARY RULE: Materials obtained from a violation of the 4 th Amendment is inadmissible in a state court Search Warrant

20. 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 do a further search of the pocketbook 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 4 th 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.

21. 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 and 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 6 th 14 th (equal protection) Conclusion - YES. 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.

22. 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 5 th Amendment? Conclusion -YES. 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..” and of a right to attorney.