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US Supreme Court Cases U.S. Supreme Court Cases
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Supreme Court Cases: TOPICS
US Supreme Court Cases Supreme Court Cases: TOPICS Government v. Government Government v. Big Business Big Business v. People [ Labor ] People v. Government People … equality, natural rights, … [ life ] People … equality People … freedom of speech People’s rights … in court / involving law Education
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Government v. Government
US Supreme Court Cases Government v. Government Marbury v. Madison McCullough v. Maryland Gibbons v. Ogden Johnson v. McIntosh First Cherokee Indian Case: Cherokee Nation v. Georgia Second Cherokee Indian Case: Worcester v. Georgia Schechter Poultry Corp. v. United States New York Times Co. v. United States United States v. Nixon Clinton v. New York City
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CASE: MARBURY v. MADISON
US Supreme Court Cases DATE: 1803 ISSUE: JUDICIAL REVIEW … power of U.S. Supreme Court … EXECUTIVE & LEGISLATIVE POWER CAUSE: “new” PRESIDENT [ Jefferson] BLOCKING *MARBURY” FROM BECOMING A JUDGE MARBURY SAYS CONGRESSIONAL LAW SAYS SUPREME COURT CAN ORDER “new” PRESIDENT [ Jefferson ] TO GIVE HIM HIS JOB Who WON: President Jefferson WON - MARBURY LOST didn’t become judge RESULT: SUPREME COURT SAYS CONGRESSIONAL LAW “unCONSTITUTIONAL” ST SUPREME COURT DECISION CALLED “judicial review” … “right” OF THE U.S. SUPREME COURT TO DECLARE A LAW “unCONSTITUTIONAL” example of “CHECKS & BALANCES”
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CASE: McCullough v. Maryland
US Supreme Court Cases DATE: 1819 ISSUE: Federal power vs State Power CAUSE: State of Maryland was taxing the Bank of the United States Who WON: McCullouch WON – State of Maryland LOST RESULT: States can not tax the Federal Government Federal Supremacy the power to tax = the power to destroy
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CASE: Gibbons v. Ogden DATE: 1824 ISSUE: Federal vs States Rights
US Supreme Court Cases DATE: 1824 ISSUE: Federal vs States Rights CAUSE: … License to operate ferry boats between New York & New Jersey … Ogden bought his from New York … Gibbons bought his from US Government Who WON: Gibbons WON – Ogden LOST RESULT: Interstate Trade … only Congress has the right to regulate (control) InterState trade
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CASE: Johnson v. McIntosh
US Supreme Court Cases DATE: 1823 ISSUE: Tribal Sovereignty CAUSE: … piece of land in Illinois sold by Native American tribe & US Federal Govt … which one had ownership … the right to sell Who WON: Johnson WON – McIntosh LOST RESULT: Native Americans are a “Sovereign” (Independent) nation … have the right to land ownership
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CASE: First Cherokee Indian Case: Cherokee Nation v. Georgia
US Supreme Court Cases DATE: 1831 ISSUE: Citizenship & State Rights CAUSE: State of Georgia wants to take over Cherokee land Who WON: Case “Tossed Out” RESULT: only US Citizens can bring lawsuits … cases to court …. Cherokees are a “Sovereign” (Independent nation) … … thus not citizens of U.S …BUT advised to bring case back … only in a different form
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CASE: Second Cherokee Indian Case: Worcester v. Georgia
US Supreme Court Cases DATE: 1832 ISSUE: State Rights vs Federal Rights CAUSE: State of Georgia law forbids whites from being on Cherokee land … Worcester is Protestant Minister from Vermont … sentenced to 4 year jail term for being on Cherokee land Who WON: Worcester ON – State of Georgia LOST RESULT: Native Sovereignty … Cherokees are a “sovereign” nation … Only US Congress can deal with “nations” …not States … State of Georgia has no jurisdiction
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CASE: Schechter Poultry Corp. v. United States
US Supreme Court Cases DATE: 1935 ISSUE: Executive Power v. Congressional Power CAUSE: President Roosevelt (FDR)’s “National Industrial Recovery Act” … regulates business ….. Prosecuting Schechter Poultry Corp Schechter Poultry … violating min. wage laws, selling ill chickens … chickens only sold “within” New York State … some chickens bought out-of-state Who WON: Schechter WON – FDR (U.S.) LOST RESULT: only Congress can regulate / control / monitor “INTERstate” trade / commerce National Industrial Recovery Act … invalid … gave too much power to President also most of violations committed “within” New York State … should have been “State” controlled
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CASE: New York Times v. United States
US Supreme Court Cases DATE: 1971 ISSUE: 1st Amendment ( freedom of press ) v. Executive Power / censorship CAUSE: newspaper wants to print government documents … documents “classified” show how U.S. Presidents got US into Vietnam War President Nixon does not want them published … “national security” Who WON: New York Times WON – President Nixon/U.S. LOST RESULT: Government must “prove” releasing of documents would harm nation Government can not “just” censor things …. Has to be justification almost impossible to prove if back up / proof information is “classified”
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CASE: United States v. Nixon
US Supreme Court Cases DATE: 1974 ISSUE: Executive Privilege .. is the President “above” the law CAUSE: investigation of illegal wiretaps of Democratic Party Headquarters at Watergate Hotel in DC prosecution wants audio tapes made in Oval Office of Whitehouse (by President Nixon) President Nixon doesn’t want to give them .. Cuts his power/authority Who WON: United States WON – President Nixon LOST RESULT: no person is above the law …. Even the President (Executive Office) … side notes: gap on tapes … blank space President Nixon eventually resigns … over this “cover up” President George W. Bush … will not allow any recording devices in Oval Office
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CASE: Clinton v. New York City
US Supreme Court Cases DATE: 1998 ISSUE: Veto / Separation of Powers … “selective use” CAUSE: Line Item Veto LAW … allowed President to strike out/cancel parts of spending bill / Govt. budget New York City did not want to “refund” tax “overcharge” to Medicaid … part of the “Balanced Budget” … President cancelling “part of it” under “Taxpayer relief act” … President accepted the rest of it Who WON: New York City WON – President / EXECUTIVE LOST RESULT: President / Executive either signs a bill or vetos it … can not be “selective” … pick & choose
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Government v. Big Business
US Supreme Court Cases Government v. Big Business Munn v. Illinois Wabash, St. Louis & Pacific Railway Co. v. Illinois Chicago, Milwaukee & St. Paul Railway Co. v. Minnesota United States v. E.C. Knight Co. In Re Debs Northern Securities Company v. United States
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CASE: Munn v. Illinois DATE: 1877
US Supreme Court Cases DATE: 1877 ISSUE: Free Enterprise v. States Rights CAUSE: Farmers needed to use Railroads to ship their crops … felt Railroad prices were TOO HIGH State of Illinois “set” MAXIMUM rates Who WON: State of Illinois WON – Munn LOST RESULT: States can regulate / control commerce “within” their State borders … also within “national interest”
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CASE: Wabash, St. Louis & Pacific Railway v. Illinois
US Supreme Court Cases DATE: 1886 ISSUE: STATE rights … power to regulate v. Commerce / Big Business … can a STATE tell a Railroad or business how much to charge … can a STATE regulate Interstate Commerce WITHIN its borders CAUSE: State of Illinois penalizing RRs for overcharging passengers on short runs vs long runs Wabash, St. Louis RR charging more to ship goods on short runs than longer runs trains ran from Illinois to New York State Who WON: RR, Wabash, St. Louis & Pacific WON – State of Illinois LOST RESULT: SUPREME COURT says ONLY U.S. Congress [Federal Govt.] can REGULATE INTERSTATE TRADE [control/set rates on trade involving more than 1 state] … RR, [Wabash, St. Louis, etc.] ran across 5 States [Ilinois, Indiana, Ohio, PA, & NY] in the next year, 1887, Congress established the Interstate Commerce Commission [ICC]
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CASE: Chicago, Milwaukee & St. Paul Railway Co. v. State of Minnesota
US Supreme Court Cases DATE: 1890 ISSUE: STATE RIGHTS v. DUE PROCESS of LAW .. INTERSTATE trade CAUSE: Trade Unions in Chicago complaining RR, Chicago, Milwaukee, etc. charging too much to transport milk … 4 cents per gallon State of Minnesota passed a law … businesses could charge too much / unreasonable prices Who WON: RR, Chicago, Milwaukee, etc. WON – State of Minnesota LOST RESULT: SUPREME COURT said State of Minnesota VIOLATED railroad’s [Chicago, Milwaukee, & St. Paul] RIGHT TO “FAIR HEARING” the Railroad HAD THE RIGHT to make itself heard … tell why the rates were NOT unreasonable nothing is mentioned about Interstate Commerce … despite the fact the RR went between at least 3 States Minnesota, Wisconsin & Illinois
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CASE: United States v. E.C. Knight Co.
US Supreme Court Cases DATE: 1895 ISSUE: ANTI-TRUST Free Enterprise [Laissez-faire] v. Government regulation CAUSE: American Sugar Refining Co. buying up smaller companies now CONTROLLED 90% of sugar made / processed in the United States U.S. [Federal] Government stated this was Illegal Who WON: E.C. Knight [sugar company] WON – United States LOST RESULT: SUPREME COURT stated E.C. Knight was only in 1 State … 10th Amendment cited …. Power reserved for State [power not given specifically to Federal Government reserved for States/People] this decision will be CHANGED later …. Congress given BROADER Interstate Trade Regulation power
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CASE: In Re Debs US Supreme Court Cases DATE: 1895 ISSUE: LABOR … ANTI-TRUST … the right to strike …. Free Enterprise v. Government/ “Public Interest” CAUSE: Railroad Workers had gone on Strike …. Pullman Railroad Cars Pullman Railroad had gone to court … got “COURT INJUNCTION to stop worker’s strike Debs … a railroad worker … struck anyway .. Taken to court Who WON: Pullman RAILROAD WON - Debs LOST RESULT: SUPREME COURT ruled the WORKER’S STRIKE endangered the American Public … in the 1890s most of American shipping … including the mail [Post Office] was sent via Railroad … stopping the railroad from doing business could stop the Nation
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CASE: Northern Securities Company v. United States
US Supreme Court Cases DATE: 1904 ISSUE: ANTI-TRUST … Free Enterprise [Laissez-faire] v. Govt. Regulation …COMMERCE CAUSE: Railroad companies … joined forces … set up 1 company [another: HOLDING COMPANY] to control both a way of getting around Government Anti-Trust laws Who WON: United States WON – Railroad [Northern Security] LOST RESULT: SUPREME COURT ruled Northern Security Company WAS a MONOPOLY violated Federal Anti-Trust Act … Federal Government’s right to regulate Commerce / Trade Case brought by President Teddy Roosevelt … trying to protect the American people
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Big Business v. People (Labor)
US Supreme Court Cases Big Business v. People (Labor) Lochner v. New York Muller v. Oregon
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CASE: Lochner v. New York
US Supreme Court Cases DATE: 1905 ISSUE: SUBSTANTIVE DUE PROCESS … a person’s economic & property rights [14th Amendment] …. WORKING HOURS v. Free Enterprise .. Govt. Regulation CAUSE: New York State set a limit on the # of hours a person could work Lochner [a bakery] wanted to make working hours part of employer-employee contract a “bargaining” issue New York State had fined Lochner Bakery for allowing workers to work more hours Who WON: Lochner WON – State of New York LOST RESULT: SUPREME COURT ruled State could not interfere with RIGHT of person to make a living New York State was acting as a POLICE MAN decision overturned 12 years later
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CASE: Muller v. Oregon DATE: 1908
US Supreme Court Cases DATE: 1908 ISSUE: SUBSTANTIVE DUE PROCESS … a person’s economic & property rights [14th Amendment] …. WORKING HOURS v. Free Enterprise .. Govt. Regulation [10th Amendment] CAUSE: State of Oregon stated women could only work 10 hours a day Muller “made” a woman [Mrs. Gotcher] work more than 10 hours in 1 day …stated it was “part” of contract between management & labor Who WON: State of Oregon WON - Muller LOST RESULT: SUPREME COURT ruled … women were the “weaker” sex … thus needed to be protected … women were “physically” weaker … could not withstand excessive labor demands
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People v. Government Schenk v. United States
US Supreme Court Cases People v. Government Schenk v. United States Debs v. United States Hirabayashi v. United States Korematsu v. United States
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CASE: Schenck v. United States
US Supreme Court Cases DATE: 1919 ISSUE: 1st Amendment v. “clear & present DANGER” CAUSE: Schenck “wrote & mailed a document” to people who were drafted telling them to NOT to report ... Disobey orders … occurred “during” World War I … nation at war Schenck tried & convicted for “espionage” .. Threatening to hurt the nation Who WON: United States WON - Schenck LOST RESULT: LANDMARK decision … in time of war … the Civil Rights of people CAN BE SUSPENDED / limited … Supreme Court makes comparison to someone yelling FIRE in a theater … which could cause a stampede & innocent people to die … Schenck’s actions threatened “America” as people knew it
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CASE: Debs v. United States
US Supreme Court Cases DATE: 1919 ISSUE: 1st Amendment (freedom of speech) vs. Congressional War powers / Law made by Congress CAUSE: Debs was a socialist …. Anti-war …. Gave a speech telling people who were drafted “not to report” charged with “espionage” Who WON: United States WON - Debs LOST RESULT: again … same ruling as in Schenck v. United States … in time of war … a person’s civil liberties can be suspended if it is to protect the United States from harm … Debs speech was seen as causing “mutiny” in the military
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CASE: Hirabayashi v. United States
US Supreme Court Cases DATE: 1943 ISSUE: War Powers v. Civil Rights / Discrimination CAUSE: United States had been attacked by Japan at Pearl Harbor … NISEI … Japanese/Americans were under suspicion of cooperating with Japan … many were “rounded up” & sent to relocation camps … Hirabayashi was a student at University of Washington … did not want to stop education … convicted of violating relocation act … certain areas “off-limits” to ALL Japanese Who WON: United States WON - Hirabayashi LOST RESULT: in time of war a person’s civil liberties can be suspended … national interests have priority … in this case “relocation” was a “protective measure” …. Lesser known case … probably will not appear on State Exam
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CASE: Korematsu v. United States
US Supreme Court Cases DATE: 1944 ISSUE: Equal Rights v. Japanese Relocation CAUSE: United States at War … attacked by at Pearl Harbor by Japan Japanese not allowed in certain parts of United States … i.e. West Coast Korematsu “refused to move” Who WON: United States WON - Korematsu LOST RESULT: in time of war … a person’s civil liberties can be suspended especially if it is in “national interest” / “national security” … INCLUDING .. The government “STEREOTYPING” an entire race … United States government will later try to correct their action … via $$$ to Japanese -Americans
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People’s rights ... IN COURT / involving LAW
US Supreme Court Cases People’s rights ... IN COURT / involving LAW Mapp v. Ohio Powell v. Alabama Gideon v. Wainwright Escobedo v. Illinois Miranda v. Arizona
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CASE: Mapp v. Ohio US Supreme Court Cases DATE: 1961 ISSUE: Personal Privacy (4th Amendment) v. Criminal Investigation (POLICE Powers) CAUSE: Mrs. Mapp’s house was being searched. Police thought a “bomber” (terrorist) was hiding in her house - Police used FORCE to enter her house … no Search Warrant - Police found “obscene” material .. Unrelated to the Bomber & arrested Mrs. Mapp Who WON: Mrs. Mapp WON – State of Ohio LOST RESULT: SUPREME COURT ruled Mrs. Mapp … th Amendment .. Right to private property …. Violated by seizure th Amendment .. Police should have obtained a SEARCH WARRANT For a SEARCH WARRANT to be issued … must cite WHAT looking for JUDGE must approve it
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CASE: Powell v. Alabama DATE: 1932
US Supreme Court Cases DATE: 1932 ISSUE: 6th Amendment (right to Lawyer) & 14th Amendment (Equality) CAUSE: black men “Scottsboro boys” accused of raping 2 white girls … down South lawyers for them “withdraw” … new lawyers “appointed” … not given time to check out “know” the case …. Thus 7 men “UNDERrepresented” Who WON: Powell WON – State of Alabama LOST RESULT: Supreme Court rules … 6th Amendment …. “right to counsel” … a lawyer if a person can not afford a lawyer, one must be provided for them this lawyer/these lawyers MUST be given reasonable TIME to KNOW/investigate the case … 14th Amendment … “equality” … … all lawyers … prosecution & defense MUST be given THE SAME AMOUNT ADEQUATE/REASONABLE time to INVESTIGATE/KNOW the case
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CASE: Gideon v. Wainwright
US Supreme Court Cases DATE: 1963 ISSUE: 6th Amendment (right to counsel) CAUSE: Clarence Giddeon is accused of breaking into a Pool Hall in order to rob it State of Florida considers this to be a “small/minor” crime … thus NO NEED for Giddeon to be “given” a lawyer Giddeon wants a lawyer, but can not afford one Who WON: Giddeon WON – Wainwright (State of Florida) LOST RESULT: all people are quaranteed the right to counsel / an attorney … … regardless of how small the crime they are being charged with
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CASE: Escobedo v. Illinois
US Supreme Court Cases DATE: 1964 ISSUE: 5th Amendment (no self-incrimination) … 6th Amendment … (right to an attorney) CAUSE: Escobedo charged with killing his brother-in-law interrogated by police without having an attorney present convicted based on confession Who WON: Escobedo WON - Illinois LOST RESULT: Escobedo’s statements thrown out … inadmissible no attorney present not informed of his rights
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CASE: Miranda v. Arizona
US Supreme Court Cases DATE: 1966 ISSUE: 5th Amendment v. State (Police tactics) CAUSE: Miranda accused & convicted of raping & kidnapping never read his rights … including to remain silent Who WON: Miranda WON - Arizona LOST RESULT: LANDMARK decision … MIRANDA WARNING upon arrest a person must be told/read their rights also have the right to have an attorney/lawyer present while being questioned
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People … equality, natural rights, life
US Supreme Court Cases People … equality, natural rights, life Dred Scott v. Sanford Roe v. Wade Planned Parenthood of Southeastern Pennsylvania v. Casey Cruzan v. Director, Missouri Dept. of Health
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CASE: Dred Scott v. Sanford
US Supreme Court Cases DATE: 1857 ISSUE: Slavery v. Citizenship CAUSE: Dred Scott, a slave, wanted his freedom … now in a “free” state …. Male owner dead Owner’s widow refused Who WON: Sanford WON – Dred Scott LOST RESULT: Dred Scott not considered to be a citizen … born in Virginia … where slaves not considered to be citizens only citizens can bring lawsuits … years later the owner’s children “bought” Dred Scott & gave him his freedom
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CASE: Roe v. Wade US Supreme Court Cases DATE: 1973 ISSUE: Abortion … 14th Amendment (Liberty) v. State Rights CAUSE: Ms. Roe wanted an abortion … State of Texas did not allow it Who WON: Roe WON – Wade (State) LOST RESULT: mixed results: person can have an abortion during 1st 3 months of pregnancy States can place limits during 2nd 3 months no abortions during final 3 months … still controversial issue today … depends on person’s beliefs/values
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CASE: Planned Parenthood of Southeastern Pennsylvania v. Casey
US Supreme Court Cases DATE: 1992 ISSUE: Abortion … 14th Amendment (Liberty) v. State Rights CAUSE: Pennsylvania placing restrictions on abortions during 2nd 3 months of pregnancy … 24 hour waiting period … minors need parental consent / permission were these restrictions “unreasonable” Who WON: Pennsylvania WON - Casey LOST RESULT: restrictions NOT unreasonable … case applied ONLY to State of Pennsylvania … each State different only restrictions during the 2nd 3 month period
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CASE: Cruzan v. Director, Missouri Dept. of Health
US Supreme Court Cases DATE: 1990 ISSUE: Right to Die … Euthanasia … v. State power CAUSE: Cruzan .. In a coma due to an automobile accident … surviving via a machine … parents said she / Cruzan did not want to live this way .. Let her die … nature take its course … doctors saying taking Cruzan off the machines is like killing her Who WON: Missouri WON - Cruzan LOST RESULT: person can have life-sustaining machines removed BUT it must be clearly stated before hand & when they are mentally competent proof must be “beyond a reasonable doubt” Cruzan’s parents did not have it at the time case went to Supreme Court afterwards they did acquire proof … refiled at State level Cruzan taken off life-support … passed away 14 days later
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People … equality Plessy v. Ferguson
US Supreme Court Cases People … equality Plessy v. Ferguson Heart of Atlanta Motel Inc. v. United States Brown v. Board of Education of Topeka Swann v. Charlotte-Mecklenburg County Board of Education P.A.R.C. v. Commonwealth of Pennsylvania University of California Regents v. Bakke Baker v. Carr Tinker v. Des Moines Texas v. Johnson United States v. American Library Association
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CASE: Plessy v. Ferguson
US Supreme Court Cases DATE: 1896 ISSUE: “separate, but equal” … 14th Amendment CAUSE: Plessy bought a 1st class train ticket … problem: not 100% “white / caucasian” told go to 3rd class section of train … refused … kicked off & jailed Who WON: Ferguson WON - Plessy LOST RESULT: th Amendment rights NOT violated … all people could ride the train .. Just in different sections “separate, was still equal” … Supreme Court admits .. Given the times // society // not possible to enforce full intent of 14th Amendment decision later overturned in … Brown v. Board of Education, Topeka
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CASE: Brown v. Board of Education of Topeka
US Supreme Court Cases DATE: 1954 ISSUE: “separate, but equal” … 14th Amendment (Equality) CAUSE: Young lady, African-American wants to attend “local/neighborhood” school … not allowed … school’s set up based on ethnicity / color Who WON: Brown WON – Board of Education of Topeka, Kansas LOST RESULT: LANDMARK decision … reverses / overturns Plessy v. Ferguson … separate, but equal is NOT equal leads to school desegregation
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CASE: Heart of Atlanta Motel, Inc. v. United States
US Supreme Court Cases DATE: 1964 ISSUE: Discrimination .. 14th Amendment v. Commerce / Free Enterprise CAUSE: Hotel in Atlanta refusing to allow minorities/African-Americans to stay overnight Civil Rights Act of 1964 prohibits all forms of discrimination Who WON: United States WON – Heart of Atlanta Motel LOST RESULT: a motel can be used by people from out of state … thus involves INTERstate commerce/trade … US Congress has the power to regulate / control INTERstate trade Civil Rights Act valid / constitutional
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CASE: Swann v. Charlotte-Mecklenburg County Board of Education
US Supreme Court Cases DATE: 1971 ISSUE: School Busing … desegregation … 14th Amendment (Equality) CAUSE: Can busing be used to achieve racial balance in schools ? Are a student’s rights infringed upon … if they are bused to desegregate schools/achieve racial balance ? Who WON: Charlotte – Mecklenburg WON - Swann LOST RESULT: Busing is an acceptable way of achieving School desegregation Only if proven beyond a reasonable doubt that it harms a student then they do not have to be forced to be ride a bus
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CASE: University of California Regents v. Bakke
US Supreme Court Cases DATE: 1978 ISSUE: Affirmative Action … discrimination … 14th Amendment (Equality) CAUSE: University of California had quotas & lower standards for minority students address past racial discrimination discrimination Alan Bakke was white & did not get admitted .. Applying to Medical School said discriminatory Who WON: … no one …. 6 different Supreme Court Justice opinions RESULT: University of California ordered to admit Bakke Race can be taken into account in college admissions process not “sole” criteria, but part of it … 2 University of Michigan cases now being considered by Supreme Court Bush Administration has stated its view against Affirmative Action
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CASE: Baker v. Carr DATE: 1962 ISSUE: Equal Protection … Voting Rights
US Supreme Court Cases DATE: 1962 ISSUE: Equal Protection … Voting Rights CAUSE: Voting districts in State of Tennessee did not provide EQUAL percentage of representatives per population city districts under represented Who WON: Baker WON - Carr LOST RESULT: Voting district boundaries had to be redrawn
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CASE: P.A.R.C. v. Commonwealth of Pennsylvania
US Supreme Court Cases DATE: 1971 ISSUE: Mainstreaming in Education … 14th Amendment (Equality) CAUSE: Children who are “challenged” … have limited intellectual capacity were being denied public education Who WON: P.A.R.C WON - Pennsylvania LOST RESULT: children of all abilities … intellectual & physical have the right to public education … in the LEAST restrictive environment
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CASE: Texas v. Johnson DATE: 1989
US Supreme Court Cases DATE: 1989 ISSUE: Flag Burning … 1st Amendment (freedom of expression) CAUSE: The State of Texas had a law Banned desecration of the US Flag .. Penalty .. 1 year in prison + $2,000 fine Gregory Johnson burned a US Flag outside the 1984 Republican National Convention Protesting the policies of the Reagan Administration Who WON: Johnson WON – State of Texas lost RESULT: Flag burning protected by the 1st Amendment “the fact that a particular audience at a given point in time (history) takes offense to certain ideas or expression does not justify prohibitions of speech”
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CASE: United States v. American Library Association
US Supreme Court Cases DATE: 2003 ISSUE: Internet censorship in Public Libraries 1st Amendment (freedom of press) CAUSE: Congress pass a law (CIPA) requiring Public Libraries to install internet “FILTERING” software .. In order to receive Federal Funds Did Congress have the right to do this? Does it violate 1st Amendment rights of Library users Who WON: Congress WON – Public Libraries LOST RESULT: Congress does have the right The software does not violate user rights Potential for unlimited harm from some sites outweighed the “small burden” on Library users … Librarians still have the ability to Unblock sites … ... Based on their judgement .. (moral values)
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CASE: Tinker v. Des Moines School District
US Supreme Court Cases DATE: 1969 ISSUE: 1st Amendment (freedom of expression) CAUSE: Students wearing armbands to protest Vietnam War School bans wearing armbands Students wore them & were suspended Who WON: Tinker WON – Des Moines School District LOST RESULT: Students have a right to freedom of expression armbands are a form of it School has the right to ban anything which interferes in the educational process … this can be applied to beepers, cell phones, etc especially during Regents Exams
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Education Engel v. Vitale Abington School District v. Schempp
US Supreme Court Cases Education Engel v. Vitale Abington School District v. Schempp Goss v. Lopez Tinker v. Des Moines School District [repeated] Board of Education, Island Trees School District v. Pico New Jersey v. T.L.O. Vernonia v. Acton Wallace v. Jaffree Hazelwood School District v. Kuhlmeier Elk Grove v. Newdow
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ISSUE: 1st Amendment (freedom of religion) … school prayer
CASE: Engel v. Vitale US Supreme Court Cases DATE: 1962 ISSUE: 1st Amendment (freedom of religion) … school prayer CAUSE: Long Island school had children read a prayer to start each day some parents objected … forced religion on to a student Who WON: Engel WON - Vitale LOST RESULT: any form of prayer … brings religion into the classroom being “forced” to read it … can put pressure on students who do not follow those religious beliefs do not believe in religion
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CASE: Abington School District v. Schempp
US Supreme Court Cases DATE: 1963 ISSUE: Bible Readings … 1st Amendment (freedom of religion) CAUSE: State of Pennsylvania stated 10 verses from the Bible were to read school day Children who do not want to participate could be excused from the classroom Who WON: Schempp WON – Abington School District LOST RESULT: Bible readings are a form of religion Excusing students from a classroom ostracizes them .. Pressures them all forms of prayer in school is UNconstitutional
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ISSUE: Student rights .. Due process …
CASE: Goss v. Lopez US Supreme Court Cases DATE: 1975 ISSUE: Student rights .. Due process … CAUSE: Students suspended .. Not given a hearing or allowed to tell their side Who WON: Lopez WON - Goss LOST RESULT: students can be suspended from school they must be given a hearing … can be “informal” told why & allowed to tell their side … Administration … school authorities do not have to take their side
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CASE: Board of Education, Island Trees School District v. Pico
US Supreme Court Cases DATE: 1982 ISSUE: School censorship … book banning … v. Freedom of Learning CAUSE: New York School District removed some books from junior-senior high school library Who WON: Pico WON – Island Trees School District LOST RESULT: Schools can not REMOVE books from libraries because they don’t like them infringes on student right to learn … way to get around it … books still need to be “purchased” … up to Judgement of school Librarian
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CASE: Tinker v. Des Moines School District
US Supreme Court Cases DATE: 1969 ISSUE: 1st Amendment (freedom of expression) CAUSE: Students wearing armbands to protest Vietnam War School bans wearing armbands Students wore them & were suspended Who WON: Tinker WON – Des Moines School District LOST RESULT: Students have a right to freedom of expression armbands are a form of it School has the right to ban anything which interferes in the educational process … this can be applied to beepers, cell phones, etc especially during Regents Exams
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CASE: New Jersey v. T.L.O. DATE: 1985
US Supreme Court Cases DATE: 1985 ISSUE: Student rights v. State “search & seizure” CAUSE: Girls caught smoking in bathroom School banned student smoking Assistant Principal demanded student purse, searched it & found cigarettes Girls suspended Who WON: New Jersey WON – T.L.O. LOST RESULT: Students do have rights Schools have the right to maintain a “safe learning environment” need only “reasonable suspicion” conduct a search
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CASE: Vernonia v. Acton DATE: 1995
US Supreme Court Cases DATE: 1995 ISSUE: Drug Testing v. Student rights CAUSE: School officials concerned about sport injuries made worse when drugs involved wanted to “drug test” all athletes .. Or else they couldn’t play Who WON: Vernonia WON - Acton LOST RESULT: Student safety over rides student rights Drug testing permissable … allowed … military has mandatory drug testing … involves $$$$ …. Also reliability … sometimes there are machine malfunctions
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CASE: Wallace v. Jaffree
US Supreme Court Cases DATE: 1985 ISSUE: Moment of Silence v. student rights CAUSE: Alabama State law required 1 minute of silence .. For meditation … silent prayer Jaffree’s children asked to participate … would not pray & poked fun at & ostracized Who WON: Jaffree WON - Wallace LOST RESULT: Alabama law violated: freedom of religion & separation of church & State a State has to remain “completely neutral”
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CASE: Hazelwood School District v. Kuhlmeier
US Supreme Court Cases DATE: 1988 ISSUE: 1st Amendment ( freedom of press) v. Censorship CAUSE: Student newspaper … 2 articles on pregnancy & divorce … taken out by Principal Principal felt pregnant student could be Identified … thus subject to ridicule Divorced father not given “equal time” … to defend self Who WON: Hazelwood School District WON - Kuhlmeier LOST RESULT: student 1st Amendment rights NOT violated students do have “freedom of speech” … Tinker v. Des Moines HOWEVER … school does NOT HAVE TO PROMOTE it … also … obscene speech, grammatical errors within an article go against the fundamental purpose of a school
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CASE: Elk Grove v. Newdow
US Supreme Court Cases DATE: 2004 ISSUE: 1st Amendment ( freedom of religion) v. “Pledge of Allegiance CAUSE: the words “One nation under God” are contained in “the Pledge of Allegiance” … the Pledge is said daily in public schools … does this violate the 1st Amendment right of “freedom OF religion” Who WON: … NO ONE RESULT: case tossed out by the US Supreme Court on a “TECHNICALITY” … Mr. Newdow, who brought the case, did not have LEGAL custody of his daughter, there was never any marriage, thus the court ruled he did not have any right to bring the case The idea behind the case, “one nation under God”, is being reworked, and will be resubmitted to the court
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CASE: McCreary County v. ACLU
US Supreme Court Cases DATE: 2004 ISSUE: 1st Amendment ( freedom of religion) v. “10 Commandments” CAUSE: 3 Kentucky counties displaying a copy of “10 Commandments” by public courthouses, and public schools Does it violate the 1st Amendment “freedom of religion” (govt. favoring one particular religion?) Who WON: … ACLU … 5-4 decision RESULT: displays violate 1st Amendment … Freedom of Religion … … Govt. can not endorse a particular religion/belief system
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CASE: ACLU of Kentucky,et al v. Rowan County, Kentucky
US Supreme Court Cases DATE: 2008 ISSUE: 1st Amendment ( freedom of religion) v. “10 Commandments” CAUSE: posting of “10 Commandments” by 3 courthouses and 1 public hospital Said to be for “Historical” purposes cases appear before US District Court for Eastern Kentucky case appears before US District Court for Western Kentucky Who WON: … still on going … no result yet RESULT: Eastern Kentucky judge refuses to have display removed … Historical purposes … okay … ACLU appeals … loses in US Circuit Court … 2 – Western Kentucky judge says remove the displays
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