Landmark Supreme Court Cases

For each case… Which or elements of the Constitution or Amendment(s) are clarified by the decision? What future disputes or cases might use this case as precedent? Does the decision uphold states’ rights or undermine them?

Marbury v. Madison (1803) The Vote: 5-0 Chief Justice John Marshall— John Adams— Appointed Marbury to the bench just before he left office Thomas Jefferson- New president told new Secretary of State James Madison not to deliver commission Chief Justice John Marshall— Used this opportunity to assert Supreme Court’s authority to declare laws unconstitutional (power of judicial review) William Marbury- Appointed to federal Judgeship by Adams The Vote: 5-0 James Madison—didn’t Deliver commission

McCulloch v. Maryland (1819) Maryland placed a tax on transactions made by the Bank of the U.S. John Marshall’s court ruled that a) Congress had the IMPLIED power to set up a bank as part of its taxing power (Necessary And Proper Clause) b) The National Govt is Supreme over the States Second Bank of the United States The Vote: 5-1 James McCulloch— Cashier at Baltimore Branch of 2nd Bank of U.S.;

Brown v. Board of Education Topeka (1954) The Court dramatically overturned Plessy, declaring that “segregation is a violation of the equal protection of the Laws.” This was the beginning of the end of legal segregation. 10-year old Linda Brown could not attend her local public school based on her race. The court revisited the Issue of whether “separate but equal” was a violation of the Equal Protection Clause. The Vote: 9-0 Thurgood Marshall, et al celebrate Linda Brown on 1st day of school Fall 1954

Wisconsin v. Yoder (1971) The Vote: 7-0 Court ruled: School beyond 8th grade Is not more valuable than Religious teachings Aspects of education do Contradict Amish teachings Did Wisconsin's requirement that all parents send their children to school at least until age 16 violate the First Amendment by criminalizing the conduct of parents who refused to send their children to school for religious reasons? The Vote: 7-0 Court questions compulsory Education and power of states In this area.

Roe v. Wade (1973) Norma McCorvey, known by the pseudonym Jane Roe, challenged a Texas state Law forbidding abortion, claiming she had a “fundamental right to privacy” Norma McCorvey a.k.a. Jane Roe The Vote: 7-2 The Court affirmed that a woman has a constitutional right to choose to have an abortion during the first trimester based on “the 14th Amendment’s concept of personal liberty and restrictions upon state action”

United States v.Nixon (1974) During the Watergate scandal, Nixon refused to turn over tapes that he had made of conversations in the White House. He claimed “executive privilege”, that as president he had special rights to confidentiality The Court overruled the president and ordered him to surrender the tapes, thereby limiting the scope of presidential powers. The Vote: 8-0

University of California Regents v. Bakke (1978) First challenge of “Affirmative Action” Allan Bakke not admitted to U.C.Davis Medical School his test scores/qualifications were higher than several students admitted through a special quota system Bakke argued the policy violated the equal protection policies of both the California and Federal constitutions Allan Bakke Court ruled that Bakke must be given admission Court did NOT say affirmative action was unconstitutional Court said that quotas could not be used, but that race/ gender could be used as ONE AMONG MANY FACTORS in admissions/hiring decisions The Vote: 5-4 U.C. Davis

Texas v. Johnson (1989) The Vote:5-4 Cartoon re: Case Johnson participated in a demonstration at the 1984 Dem Convention Johnson was charged with violating the Texas law that prohibits vandalizing respected objects. He was convicted, sentenced to one year in prison, and fined $2,000. Supreme Court: ruled in favor of Johnson and said his burning of the flag was Protected by the First Amendment because it was expressive speech. The Vote:5-4