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

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Presentation on theme: "SUPREME COURT CASES. Marbury v Madison This case establishes the Supreme Court's power of judicial review. Constitutional basis: supremacy clause What."— Presentation transcript:

1 SUPREME COURT CASES

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

3 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.

4 Gibbons V Ogden Congress controls interstate trade. Increases federal power.

5 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.

6 Plessy v. Fergeson Upheld polices of separate but equal. Later reversed in Brown v. Topeka

7 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.

8 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.

9 Mapp v Ohio Establishes the exclusionary rule. Evidence found illegally without a search warrant or probable cause is not admissable during the trial.

10 Gideon v Wainwright Right to an attorney. Increases rights of the accused. Protects due process of law. Incorporates 6 th amendment to states using 14 th

11 Reynolds v. Sims Required legislative districts to be equal in population Established one-man, one-vote principle

12 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.

13 Tinker v. Des Moines Students have freedom of expression as long as it does not interfer with the learning process.

14 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.

15 Texas v Johnson Burning the flag is guaranteed as a freedom of expression Protects freedom of expression under the first amendment.

16 N.J. v. T.L.O Permits school officials to search students and their materials without a search warrant

17 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.

18 Bakke v. Regents of California Reverse discrimination is not permitted Colleges can’t use race as the only determining factor in admissions

19 Bethel v. Frasier Case upheld limiting a student’s freedom of speech if speech is lewd or offensive by community standards

20 Hazelwood v. Kuhlmeier Upheld the right of educators to limit what can be published in the school newspaper

21 Engel v. Vitale Struck down prayer in school. No state led, mandatory prayer in school.

22 Swann v. Charlotte Mecklenburg Said no rigid guidelines could be established concerning BUSING of students to integrate schools

23 Heart of Atlanta v. U.S. Prohibited racial discrimination by businesses on the interstate commerce clause

24 US v Nixon President does not have complete executive privilege. Can’t claim executive privilege when covering up a crime. Watergate issue.

25 The Leandro Case Students of North Carolina have the right to a quality education Does not require equal funding by each educational administration

26 Mann v. N.C. Slaveholders couldn’t be punished for beating their slaves as slaves were considered property Issue is state authority.

27 Schenck v. U.S. Established the “clear and present danger” rule; Upheld conviction of WWI protester: 1 st amendment issue


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