The Judicial Branch of Government Supreme Court Cases The Judicial Branch of Government

Marbury v. Madison (1803) Established the concept of Judicial Review- the Supreme court has the final authority to find acts of government unconstitutional

Hazelwood v. Kuhlmeier (1988) What Happened? Students wrote an article and the principal would not allow it to be published in the school newspaper Decision- Schools can filter or limit information that is placed into a school newspaper 1st Amendment

New Jersey v. T.L.O. (1985) What Happened? A student was caught smoking in bathroom & asked to open purse. VPrincipal found rolling paper used for marijuana and asked student to dump out purse- found money, marijuana, and list of people owing her money Decision- Schools can search students if they have “reasonable suspicion”; rights are restricted at school because of safety for all students 4th Amendment

Bethel School District v. Fraser (1983) What Happened? A student gave a Speech using obscene language at an assembly Decision- Schools may limit the profane, obscene lewd speech of a student 1st Amendment

Tinker v. Des Moines (1969) What Happened? Several Students wore black arm bands protesting the Vietnam War, they were suspended Decision- Public Schools may not prohibit student freedom speech unless it disrupts education or the learning environment 1st Amendment

In re Gault (1967) What Happened? Gerald Gault a 15 year old was sent to a juvenile detention center for an alleged obscene phone call, no lawyer and no witnesses Decision- Juveniles are provided due process as well as adults 5th and 14th Amendments- Due Process

McCulloch v. Maryland (1819) What Happened? The State of Maryland tried to put a tax on a branch of the Bank of the US a Federal Bank; ALSO is a National Bank Constitutional Decision- A state cannot tax a federal institution & Yes a National Bank is constitutional Supremacy Clause

Gibbons v. Ogden (1824) What Happened? Ogden state license to ferry people from NYC to NJ, Gibbons also ferried people but had no state license Decision- The Federal gov’t has the power over the state to regulate interstate commerce. Federal ferry license prevails over a State Ferry License Supremacy Clause

Dred Scott v. Sanford (1857) What Happened? Sanford, a slave owner, lived in MO (a slave state) took Dred Scott his slave to IL (a free state) and Scott said he was now free Decision- Dred Scott was not a citizen because he was of African decent, therefore he could not sue or be a free citizen. Also to deprive a person of property (in this case, Dred Scott) without due process or just compensation violated the 5th Amendment, which states that “No person shall be… deprived of life, liberty or property, without due process of law”

Dred Scott

Plessy v. Ferguson (1896) What Happened? Plessy who was considered black by law (1/8 of African decent) sat in white only train car and would not move when asked Decision- Established the concept of “separate but equal” in public facilities 14th Amendment

Brown v. Board of Education (1954) What Happened? Mr. Brown wanted his daughter to attend the neighborhood school (she was black and the school was for whites) Decision- Schools were desegregated- Separate is NOT equal 14th Amendment

Swann v. Board of Education (1970) What Happened? Mr. Swann said CMS was not integrated even though Brown v. Board of Ed said that segregation is not okay Decision- Court ordered busing to integrate schools 14th Amendment

Korematsu v. United States (1944) What Happened? Mr. Korematsu said it was not Constitutional for people of Japanese decent to be forced to move to internment camps Decision- Justices ruled for US government and said that times of national hardship and extreme times individual rights to be taken away 5th Amendment- due process

Furman v. Georgia (1971) What Happened? Georgia death penalty law was vague and many people were claiming the punishment was too harsh based on the crime Decision- Furman not put to death- In some cases the death penalty is considered cruel and unusual punishment 8th and 14th Amendments

Gregg v. Georgia (1976) What Happened? Gregg sentenced to death for 2 counts murder Decision- Upheld sentences of death– death penalty itself does not violate the Constitution 8th Amendment

Gideon v. Wainwright (1963) What Happened? Gideon charged with crime and at that time in FL lawyers were only given for death penalty. He had no money to pay a lawyer and was found guilty. Decision- All accused persons are entitled to a lawyer, even if they cannot afford one 6th Amendment

Miranda v. Arizona (1966) What Happened? Miranda arrested but not told his right to not confess to the crime, he signed a confession and was convicted Decision- A person must be read his or her rights before being arrested 5th Amendment

Mapp v. Ohio (1961) What Happened? Police searched Mapp’s house with a fake warrant and found illegal material Decision- Illegally obtained evidence cannot be used in court Amendments 4th and 14th

Olmstead v. US (1928) What Happened? Olmstead was line was tapped during the time of prohibition and he was arrested for alcohol smuggling Decision- “Reasonable expectation of privacy” did not include wiretapping- 4th amendment does not protect individuals form wiretapping. And this evidence may be used in court

Engel v. Vitale (1962) What Happened? School board required students to say a prayer at beginning of each day Decision- A school cannot require students to pray; this court case upheld separation of church and state 1st Amendment

Texas v. Johnson (1989) What Happened? Texas had a law against desecrating the Flag, Mr. Johnson burned a Flag in protest Decision- The Government cannot limit a citizen’s right to burn the US Flag 1st Amendment

Roe v. Wade (1973) What Happened? Roe, a pregnant single woman, brought a suit against Texas abortion laws; it a crime to obtain or attempt an abortion except on medical advice to save the life of the mother Decision- A state cannot take away a woman’s right to an abortion 1st, 4th, 9th and 14th Amendments-  protect an individual's "zone of privacy"

Schenck v. US (1919) What Happened? Anti-WWI leader who urged men to resist the draft by passing out flyers Decision- Free speech is limited during times of war 1st Amendment

Regents of the University of California v. Bakke (1978) What Happened? A white student was not accepted in to the school because of age and several minority students with lower scores were Decision- Schools cannot use admissions quotas and admit students solely based on race 14th Amendment

Bush v. Gore (2000) What Happened? Case over recounting votes in the state of FL Decision- Ruled that the recount of presidential votes in FL violated the 14th Amendment; recount stopped and Bush became president