2. Landmark Supreme Court Cases

3. Marbury v Madison Description (Key Question) –Who has the power to decide what is Constitutional? Decision –Established the Supreme Courts power of Judicial Review –Judicial Review: the power to determine what is Constitutional

4. McCulloch v Maryland Description (Key Question) – Federal Gov. more powerful than states? Decision –Bank of US is Constitutional First defense of implied powers –States Can’t tax the federal government Confirmed National Supremacy

5. Gibbons v Ogden Description (Key Question) –Who has Control of Interstate Commerce? (trade between states) Decision –Federal Gov. regulates interstate commerce

6. Dred Scott v Sanford Description (Key Question) –Can a slave sue for his/her freedom? –If a slave is taken into free territory are they free? Decision –A slave is property not a citizen and cannot sue. –A person cannot be denied their property no matter where they take it.

7. Plessy v Ferguson Description (Key Question) –Is Segregation of races Constitutional? Decision –Segregation not a violation of 14 th Amendment –Established “Separate but Equal” doctrine

8. Korematsu v US

9. Description (Key Question) –What is the power of federal government over individuals rights during wartime? Decision –In time of war government can restrict individuals rights

10. Brown v Board of Education

11. Description (Key Question) –Is Segregation (separating students by race) in schools Constitutional? Decision –Segregation in Public Schools Unconstitutional –Overturns Plessy v Ferguson

13. Mapp v Ohio Description (Key Question) –What evidence can be used in court? Decision –Evidence seized illegally cannot be used in Court –Violates 4 th Amendment

14. Engel v Vitale Description (Key Question) –Is prayer in public schools Constitutional? Decision –Mandatory prayer in public schools violates the 1 st Amendments “Establishment Clause”

15. Gideon v Wainwright Description (Key Question) –Do states have to provide attorneys to people like the federal govt. does? Decision –Attorneys for all, in all cases, even if you are poor

16. The Heart of Atlanta Motel v US Description (Key Question) –Is Segregation (discrimination) in Private Business Constitutional? Decision –Civil Rights Act of 1964 upheld –Government can regulate private business

17. Miranda v Arizona Description (Key Question) –Do police have to tell people their rights? Decision –Rights must be read “Miranda Rights” –Protected by 5 th & 6 th Amendments

18. In re Gault Description (Key Question) –D–Do juveniles have the same protections of due process as guaranteed by the 14 th Amendment as adults Decision –C–Court determined that the juvenile court was wrong and that due process is guaranteed to juveniles as well as adults

19. Tinker v Des Moines School District Description (Key Question) –Do Students have right to free speech at school? Decision –Students have free speech under 1 st Amendment –Students do not abandon rights at school

20. Swann v Charlotte Description (Key Question) –Is Busing to desegregate schools Constitutional? Decision –Busing based on race to desegregate Constitutional because of Brown v BOE

21. Furman v Georgia Description (Key Question) –Is the Death penalty as Cruel and Unusual punishment? Decision –Death Penalty violates 8 th Amendment –All executions stopped

22. Roe v Wade Description (Key Question) –Can states deny a women the right to an abortion? Decision –States cannot deny abortion in first three months –Women’s right to privacy of her own body

23. Roe v Wade

24. US v Nixon Description (Key Question) –Does the President have EXECUTIVE PRIVILEGE (special rights) Decision –Executive Privilege does exist but cannot protect from criminal act –Nixon must turn over tapes

25. Gregg v Georgia Description (Key Question) –IS Death Penalty Cruel and Unusual Punishment in all cases? Decision –Death penalty not “cruel and unusual” in all cases –Executions resume

26. University of California v Bakke Description (Key Question) –Are affirmative action programs Constitutional? Decision –Race and gender can be used as criteria but not only criteria –Affirmative Action allowed

27. New Jersey v T.L.O. Description (Key Question) –What is necessary for school searches? Decision –Only need reasonable suspicion? –Search is upheld b/c states are responsible for education

28. School Searches

29. Bethel School District v Frazier Description (Key Question) –Can schools limit student speech? Decision –Student speech can be limited in public schools –Must prove a distraction

30. Hazelwood v Kuhlmeier Description (Key Question) –Can schools censor student speech? Decision –Schools can censor speech in school newspapers

31. Student Free Speech

32. Student free speech

33. Texas v Johnson Description (Key Question) –Is flag burning protected as Freedom of Speech? Decision –Flag burning is protected by 1 st Amendment –Freedom of “Expression”