1. Supreme Court Cases

2. Marbury v Madison 1803 1803 Issue: Should the Constitution be very strictly interpreted or is there room for interpretation? If there is room for interpretation, who gets to decide what the Constitution means? Issue: Should the Constitution be very strictly interpreted or is there room for interpretation? If there is room for interpretation, who gets to decide what the Constitution means?

3. The Decision The Decision The Constitution leaves room for interpretation The power to make decisions about Constitutionality is given to the Supreme Court This power is called Judicial Review

4. McCulloch v Maryland 1819 1819 In 1816, Congress created The Second Bank of the United States. In 1816, Congress created The Second Bank of the United States. In 1818, the state of Maryland imposes taxes on the bank. James W. McCulloch, the cashier of the bank, refused to pay the tax. In 1818, the state of Maryland imposes taxes on the bank. James W. McCulloch, the cashier of the bank, refused to pay the tax. ISSUE: Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers? ISSUE: Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers?

5. Decision In a unanimous decision, the Court held that Congress had the power to create the bank In a unanimous decision, the Court held that Congress had the power to create the bank ALSO, they stated that Maryland, or any state could not tax instruments of the national government ALSO, they stated that Maryland, or any state could not tax instruments of the national government Supremacy clause & Necessary and Proper clause Supremacy clause & Necessary and Proper clause

6. Dred Scott v Sandford Missouri, 1857 Missouri, 1857 Facts of the case: Facts of the case: Dred Scott was a slave Dred Scott was a slave His owner moved to a “free state” His owner moved to a “free state” Dred Scott argued that he should be free. Dred Scott argued that he should be free. Issue: Is a slave a citizen of the U.S. or property? Issue: Is a slave a citizen of the U.S. or property?

7. The Decision A slave was considered property and without citizenship had no right to file a lawsuit Decision based on 14 th amendment’s due process clause – applied to slave owners

8. Plessy v Ferguson 1896 1896 Facts of the Case: Facts of the Case: Herman Plessy African American sat in the white section of a Louisiana Public Train Herman Plessy African American sat in the white section of a Louisiana Public Train He was arrested He was arrested Key issue: Are separate facilities “equal protection under the law”? Key issue: Are separate facilities “equal protection under the law”?

9. The Decision The Decision Separate but Equal The courts upheld that there could be separate facilities as long as they are equal – segregation of blacks and whites

10. Schenck v United States 1919 1919 During World War I, Schenck mailed circulars to draftees that said, “Do not submit to intimidation” During World War I, Schenck mailed circulars to draftees that said, “Do not submit to intimidation” Schenck was charged with conspiracy to violate the Espionage Act Schenck was charged with conspiracy to violate the Espionage Act Issue: Are Schenck's actions (words, expression) protected by the free speech clause of the First Amendment? Issue: Are Schenck's actions (words, expression) protected by the free speech clause of the First Amendment?

11. The Decision The government may limit speech if that speech presents a “clear and present danger” *very widely debated

12. Brown v Board of Education 1954 1954 Facts of the Case: Facts of the Case: 10 year old Topeka girl was not permitted to attend a neighborhood school because she was an African American 10 year old Topeka girl was not permitted to attend a neighborhood school because she was an African American Research proved that separate schools caused psychological harm to black students Research proved that separate schools caused psychological harm to black students Key issue: Are separate facilities “equal protection under the law”? Key issue: Are separate facilities “equal protection under the law”?

13. The Decision The Decision Case challenged earlier precedent – Plessy v Ferguson Overturned Plessy and demanded desegregation (integration) of all public facilities

14. Mapp v Ohio 1961 1961 Dolree Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive - NO search warrant was provided Dolree Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive - NO search warrant was provided ISSUE: May evidence obtained through a search in violation of the Fourth Amendment be admitted in a state criminal proceeding? ISSUE: May evidence obtained through a search in violation of the Fourth Amendment be admitted in a state criminal proceeding?

15. The Decision Upheld the 4th amendment Any evidence obtained without a warrant could NOT be used in trial Any evidence obtained without a warrant could NOT be used in trial

16. Engel v Vitale 1962 1962 Key Issue: Can school prayer be mandatory? Key Issue: Can school prayer be mandatory? What if its nondenominational? What if its nondenominational?

17. The Decision The 1 st amendment protects freedom from religion as well School prayer violates the separation of church and state

18. Baker v Carr 1962 1962 Tennessee citizens argue that political parties redrew Congressional lines to limit the votes of certain populations Tennessee citizens argue that political parties redrew Congressional lines to limit the votes of certain populations Key Issue: Can the courts act to stop gerrymandering? Key Issue: Can the courts act to stop gerrymandering?

19. The Decision Federal courts do have the authority to oversee redistricting Protects the statute of “one man, one vote”

20. Gideon v Wainwright 1963 1963 Gideon was a man convicted of a minor crime Gideon was a man convicted of a minor crime Key Issue: Does “due process” in the Constitution mean everyone gets a lawyer? Key Issue: Does “due process” in the Constitution mean everyone gets a lawyer?

21. The Decision The Decision Conviction overturned 6 th Amendment = right to counsel Gideon’s rule – Provides counsel for all poor no matter what the crime; incorporated it into state law

22. Miranda vs Arizona 1966 1966 Miranda was a man arrested, and convicted of kidnapping and rape Miranda was a man arrested, and convicted of kidnapping and rape Confessed but wanted his conviction overturned because he did not know his rights (he was new to America) Confessed but wanted his conviction overturned because he did not know his rights (he was new to America) Key Issue: Do you need to be reminded of the rights of the accused? Key Issue: Do you need to be reminded of the rights of the accused?

23. The Decision The Decision The court agreed that any person suspected of a crime must be told of their rights before questioning Miranda Rights are read

24. Tinker v Des Moines 1969 1969 Students protesting the Vietnam war wore black armbands to school. They were asked to remove them and were suspended when they didn’t Students protesting the Vietnam war wore black armbands to school. They were asked to remove them and were suspended when they didn’t Key Issue: Should actions be protected as free speech? Key Issue: Should actions be protected as free speech?

25. The Decision The 9 th amendment was interpreted to protect individual rights such as symbolic speech The students were within their rights

26. Roe vs Wade 1973 1973 Abortions were outlawed in Texas Abortions were outlawed in Texas A woman (Jane Roe) wanted to have an abortion. She claimed at the time that she was raped. A woman (Jane Roe) wanted to have an abortion. She claimed at the time that she was raped. Key Issue: Does the Constitution protect the “right to choose”? Key Issue: Does the Constitution protect the “right to choose”?

27. The Decision The Decision The court agreed with Roe and said that it was the woman's right to choose according to the right to privacy protected by the 9 th amendment

28. Gregg vs Georgia 1976 1976 Man convicted and sentenced with death claims that it is “cruel and unusual punishment” as defined in the 8 th amendment Man convicted and sentenced with death claims that it is “cruel and unusual punishment” as defined in the 8 th amendment Key Issue: Is the death penalty cruel and unusual punishment? Key Issue: Is the death penalty cruel and unusual punishment?

29. The Decision Upheld the Death penalty and claimed that it did not violate the Constitution’s protection from cruel and unusual punishment (8 th amendment)

30. Texas v Johnson Texas created a law that banned flag burning Texas created a law that banned flag burning Key Issue: Is flag burning a form of symbolic speech that should be protected? Key Issue: Is flag burning a form of symbolic speech that should be protected?

31. The Decision The court decided that flag burning is another form of symbolic speech protected by the 9 th amendment Struck down the Texas law