1. Landmark Supreme Court Cases

2. The Supreme Court Expands its Power

3. Marbury v. Madison, 1803 Facts of the Case
John Adams tried to appoint Marbury and several other guys to positions before he left office.
The last minute attempts were never finalized
The angry appointees sued for their jobs in the Supreme Court
Question Presented
Is Marbury entitled to his appointment?
Conclusion
-Yes
- Established “Judicial Review” the ability for courts to interpret the Constitution

4. McCulloch v. Maryland, 1819 Facts of the Case
-Congress created the Second Bank of the United States
In 1818 the state of Maryland passed extra taxes on the bank
James McCulloch refused to pay the taxes
Question Presented
Did Congress have the authority to establish the bank?
Did Maryland law unconstitutionally interfere with congressional powers?
Conclusion
CONGRESS had the power to establish banks and the states have no influence over them

5. Gibbons v. Ogden, 1824 Facts of the case
A New York state law gave Aaron Ogden a license to operate steamboats on waters within state jurisdiction
Thomas Gibbons had a similar license to do the same thing but his was a Federal coasting license granted by Congress
Questions Presented
-Who had the power to regulate interstate commerce?
Conclusion
- The Court found that Congress had more power issuing license for “interstate commerce” because under the Constitution the Congress had all power over regulating commerce.

6. Supreme Court and Individual rights

7. Dred Scott v. Sanford Is he a free man or slave?
Dred Scott was a slave. Under Articles III and IV, argued Taney, no one but a citizen of the United States could be a citizen of a state, and that only Congress could confer national citizenship. Taney reached the conclusion that no person descended from an American slave had ever been a citizen for Article III purposes. The Court then held the Missouri Compromise unconstitutional, hoping to end the slavery question once and for all.

8. Plessy v. Ferguson, 1896 Facts of the Case
Louisiana passed a law that required separate railway cars for blacks and whites
Homer Plessy took a seat in the a “white only” car of a train. He refused to move to the car for blacks and was arrested
Question Presented
Did this arrest violate his 14th amendment (equal protection)
Conclusion
Conclusion “You can keep things separated as long as they are equal.” “Separate but equal”
Plessy v. Ferguson, 1896

9. Brown v. Board of Education,1954
Facts of the Case
Black children were denied admission to public schools
Things were equal in terms of building, curricula, and qualifications of teachers salaries
Question
-Is segregation correct and in violation of the 14th “equal protection” amendment?
Conclusion
- “YES” you cannot possibly by separated and equal because you are separating things on the bases that they are not the same. “Separate is NOT equal”
*** Swann v. Charlotte-Mecklenburg B.O.E

10. Swann v Charlott-Meck BOE
Did the court have power to ensure that schools were integrating
Yes, the courts could even require busing.
Swanns swim to school.

11. Korematsu v. United States, 1944
Facts of the case
During World War II, Presidential Executive Order 9066 gave the military authority to exclude citizens of Japanese ancestry fro areas deemed critical to nation defense
Question presented
Did the President and Congress go beyond their war power by implementing exclusion and restricting the rights of American Japanese descent
Conclusion
- The courts sided with the government and held that the need to protect against espionage outweighed Korematsu’s rights.

12. Supreme Court and the Power of Speech

13. Tinker V. Des Moines, 1969 Facts of the Case
John Tinker (15), Mary Beth Tinker (13), and Christopher Echardt (16) decided to protest the vietnam war by wearing black arm bands to their school during the Christmas holiday seasion
The principals of the school districts said that all student wearing these arm bands were to take them off or face suspensions. They feared it would provoke disturbances
The students wore their armbands anyway and when they did not take them off they were suspended until after New Year’s Day
Questions
-Did this violate the students’ “First amendment right?”
Conclusion
- The wearing of the armbands was part of freedom of speech. Although school officials have the right to prohibit certain actions, they fail to show how the protest would cause trouble and disturbance in the school setting

14. Hazelwood School District v. Kuhlmeier,1988
Facts of the case
-THE SPECTRUM, the school-sponsored news paper of Hazelwood East High School, was written and edited by students.
- The Principal, received the proof of the May 13th issue and found that two of the articles were inappropriate
He ordered that the pages on which the articles appeared by withheld from publication
Cathy Kuhlmeier and two other former Hazelwood students brought the case to court
Question Presented
Did the deletion of the articles violate the student’s 1st Amendment right?
Conclusion
- NO, school newspapers are sponsored by the school and articles not directly reflecting the view of the school for “learning” purposes can be deleted from the paper.

15. Engel v. Vitale, 1962 Facts of the Case
The Board of Regents for the State of New York authorized a short, voluntary prayer for recitation at the start of each school day.
“ Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country.”
Question Presented
Does the reading of a nondenominational prayer at the start of each school day violate the “establishment of religion” clause of the First Amendment?
Conclusion
- YES, Neither the prayer’s nondenominational character nor its voluntary character saves it from unconstitutionality. By providing the prayer, New York officially approved religion.

16. Bethel School District No. 403 v. Fraser, 1986
Facts of the case
At a school assembly Matthew Fraser made a speech nominating a fellow student for elective office
In his speech Matthew used a graphic sexual metaphor to promote the candidacy of his friend.
Fraser was suspended from school for two days
Question Presented
Does the First Amendment prevent a school district from discipline a high school student for giving a lewd speech at a high school assembly?
Conclusion
- No, the court found that it was appropriate for the school to prohibit the use of vulgar and offensive language.

17. Texas v Johnson,1989 Facts of the case
-Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies.
Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and assessed a $2,000 fine.
Question of the case
Is the burning of an American flag a form of speech protected under the 1st Amendment?
Conclusion
- The court found that the burning of the flag is protected under “expression” in the 1st amendment.

18. Supreme Court and the Rights of the Accused

19. Mapp v. Ohio, 1961 Facts of the case
Dolree Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive.
Question Presented
Were the confiscated materials protected by the first amendment?
May evidence obtained through a search in violation of the 4th amendment be admitted in a state criminal proceeding?
Conclusion
- Materials obtained from a violation of the 4th Amendment is inadmissible in a state court
Search Warrant

20. New Jersey v. T.L.O, 1984 Facts of the Case
T.L.O was a 14 year old accused of smoking in the girl’s bathroom
A principal at the school questioned her and searched her purse and found a box of cigarettes and rolling papers
He decided to search the pocketbook further and found a bag of marijuana (and other drug paraphernalia), plastic bags, money, and a list of people who still owed her money.
Question presented
Did the search violate the 4th Amendment?
Conclusion
NO, the school official is allowed to search a student if he/she has reasonable suspicion that a crime has been committed or is in the act of being committed.

21. Miranda V. Arizona, 1966 Facts of the case
-Ernesto Miranda had been arrested at his home in Phoenix, Arizona and accused of kidnapping and rape.
-He was questioned at the police station by 2 police officers has was not advised of his right to an attorney nor his right to remain silent.
-After two hours of interrogation, he signed a written confession to the crime.
He was found guilty and sentenced to 20 to 30 years in prison
Question
-Does the police practice of interrogating individuals without notifying them of their right to counsel and their protection against self-incrimination violate he 5th Amendment?
Conclusion
-A person in police custody “or otherwise deprived of his freedom…must be warned prior to any questioning that he has the right to remain silent, and that anything he says can be used against him in the court of law..”

22. Gideon V. Wainwright, 1963 Facts of the Case
Gideon was charged in a Florida state court with a felony for breaking and entering.
He lacked funds as was unable to hire a lawyer to prepare his defense
When he requested the court to appoint an attorney for him, the court refused
Gideon defended himself in the trial; he was convicted by a jury and the court sentenced him to 5 years in a state prison
Question presented
-Did the state court’s failure the appoint counsel for Gideon violate his right to a fair trial and due process of law as protected by the 6th 14th (equal protection)
Conclusion
- Gideon had the right to be represented by a court-appointed attorney. The right to an attorney was essential to a fair trial. Lawyers in criminal courts are necessities, not luxuries.

23. Roe should have said NO at prom!
Roe v Wade
Does the right to privacy include the right to an abortion?
Yes, in certain circumstances
roe-=fish eggs
4th, 9th, 14th ams
Roe should have said NO at prom!

24. Regents of UC v. Bakke
In Regents of University of California v. Bakke (1978), the Supreme Court ruled that a university's use of racial "quotas" in its admissions process was unconstitutional, but a school's use of "affirmative action" to accept more minority applicants was constitutional in some circumstances.

25. In Re Gault Do juveniles have the same due process as adults?
Yes, the juvenile justice system has to follow the 14th Amendment.
Gerald=Jerry the Juvenile
Smallest case no V!

26. New York Times v US Facts of the case
In what became known as the "Pentagon Papers Case," the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. The President argued that prior restraint was necessary to protect national security. This case was decided together with United States v. Washington Post Co.
Question
Did the Nixon administration's efforts to prevent the publication of what it termed "classified information" violate the First Amendment?
Yes. In its per curiam opinion the Court held that the government did not overcome the "heavy presumption against" prior restraint of the press in this case. Justices Black and Douglas argued that the vague word "security" should not be used "to abrogate the fundamental law embodied in the First Amendment."