1. COURT CASES!!!
Review Packet p. 3-5

2. Marbury v. Madison (1803) Related Cases: Summary:
Appointment of justices by John Adams rejected by Thomas Jefferson
Marbury sued for his job when Madison rejected
Outcome:
Supreme Court has the right of Judicial Review
CAN DETERMINE IF A LAW IS CONSITUTIONAL OR NOT
Shows flexibility of the Constitution & “living document”
Related Cases:
McCulloch v. Maryland & Gibbons v. Ogden
The “Marshall Court”

3. “The Constitution is what the Supreme Court says it is!”
This statement refers to the idea that
the original Constitution was framed by judges and lawyers
the Supreme Court interprets the meaning of the Constitution
amendments must receive the Supreme Court's approval before they are enacted
decisions of the Supreme Court cannot be reversed
The significance of the Supreme Court case Marbury v. Madison is that the decision
advanced civil rights for minorities
upheld the constitutionality of a national bank
limited Presidential control of foreign policy
established the power of judicial review

4. Worcester v. Georgia (1832) Summary:
Georgia took authority over Cherokee people and land
Outcome:
Federal government has exclusive control over Native American nations
Treaties between the U.S. government and Native Americans are the supreme law of the land
Jackson ignored the SC’s ruling  Trail of Tears

5. Which Supreme Court decision is most closely associated with the Trail of Tears?
McCulloch v. Maryland (1819)
Gibbons v. Ogden (1824)
Worcester v. Georgia (1832)
Dred Scott v. Sanford (1857)
“John Marshall has made his decision, now let him enforce it.”
– Andrew Jackson
President Jackson is believed to have made this statement in response to what issue?
the creation of “pet banks”
the formation of the Whig Party
the forced removal of Native Americans from their lands
the crisis that erupted as a result of new tariffs

6. Dred Scott v. Sanford (1857) Summary:
Dred Scott was a slave, whose owner brought him into free territory, as defined by the Missouri Compromise.
No slavery above the 36° 30 parallel
He sued for his freedom after his master died.
Outcome:
Supreme Court declared that slaves were property (not citizens) and were not protected by the Constitution.
Declared the Missouri Compromise unconstitutional because the government cannot deprive anyone of their property.

7. Which heading best completes the partial outline below?
The Supreme Court decision in Dred Scott v. Sanford (1857) was significant because it
allowed slavery in California
outlawed slavery in the Southern States
upheld the actions of the Underground Railroad
ruled that Congress could not ban slavery in the territories
Which heading best completes the partial outline below?
Foreign Policies of the United States
Government Policies Toward Native American Indians
Consequences of Manifest Destiny
Causes of Sectional Conflict

8. Plessy v. Ferguson (1896) Summary:
Louisiana enacted a Jim Crow law that required separate railway cars for blacks and whites
Plessy sat in a "whites only" car of a train. He refused to move to the car reserved for blacks and was arrested.
Outcome:
Supreme Court ruled that the "separate but equal” provision of the Louisiana law was constitutional
Justified segregation & Jim Crow laws
Overturned in 1954 by Brown v. BOE

9. The Supreme Court decision in Plessy v
The Supreme Court decision in Plessy v. Ferguson (1896) had a major impact on United States history because the decision
eliminated the power of the states in the area of civil rights
abolished the equal protection clause of the Federal Constitution
provided a constitutional basis for segregation laws
extended African-American voting rights.
In the South, Jim Crow laws passed during the late 19th century were designed to
make sure that the 14th Amendment would be enforced
provide employment opportunities for the newly freed African Americans
create separate societies for whites and African Americans
guarantee civil rights for African Americans

10. Schenck v. United States (1919)
Summary:
U.S. enters WWI in 1917  Selective Service (the Draft) enacted
Schenck was charged with violating the Espionage Act (a person cannot interfere with the draft)
Outcome:
Court ruled that Schenck violated the act.
Congress has the ability to prevent words that are a “clear and present danger”
1st Amendment rights are limited during wartime
Example: Cannot shout fire in a movie theater

11. The "clear and present danger" principle stated in the Supreme Court case Schenck v. United States upheld the idea that
constitutional freedoms can be limited
foreign affairs do not justify civil rights restrictions
government powers cannot expand during national emergencies
the rights of the accused should not be endangered to facilitate police work
During times of war, civil liberties in the United States have often been restricted because
the majority of Americans opposed the war effort
martial law was usually adopted
national security received greater priority
enemy spies encouraged antiwar protests

12. Korematsu v. United States (1944)
Summary:
WWII (Pearl Harbor & anti-Japanese sentiment)
FDR’s Executive Order 9066 ordered internment of Japanese Americans
Korematsu remained in California and violated the law
Outcome:
Supreme Court ruled that the President had the right to issue the Executive Order as Commander-in-Chief.
50 years later, U.S. government admitted that internment was unjust and paid survivors for losses.

13. In both Schenck v. United States (1919) and Korematsu v
In both Schenck v. United States (1919) and Korematsu v. United States (1944), the Supreme Court ruled that during wartime
civil liberties may be limited
women can fight in combat
drafting of noncitizens is permitted
sale of alcohol is illegal
One similarity between the laws being challenged in the United States Supreme Court cases of Plessy v. Ferguson (1896) and Korematsu v. United States (1944) is that
specific groups of people were being targeted based on race or ethnicity
state laws were declared unconstitutional
immigrants were relocated to prison camps
federal laws segregating public transportation were upheld

14. Brown v. Board of Ed. (Topeka, Kansas) (1954)
Summary:
Linda Brown was denied enrollment in an all white school near her home
Families challenged the “separate but equal” policy of the Topeka school district (and other schools)
Outcome:
Supreme Court struck down “separate but equal”
Reversed Plessy v. Ferguson
Ordered integration in the nation's schools with “all deliberate speed”
Little Rock, AK (Little Rock Nine)

15. A comparison of the United States Supreme Court's decisions in the cases Plessy v. Ferguson (1896)and Bro wn v. Board of Education (1954) illustrates that
protection of the civil rights of the individual has long been a judicial priority
Supreme Court decisions may be changed over time
the police powers of the states have been strengthened over time
the courts have given greater protection to property rights than to individual liberty
In the case of Brown v. Board of Education (1954), the United States Supreme Court decided that
separate educational facilities are inherently unconstitutional
busing of children to overcome segregation is constitutional
the use of civil disobedience to achieve legal rights is constitutional
closing public schools to avoid integration is unconstitutional

16. Miranda v. Arizona (1966) Summary:
Miranda was arrested, interrogated and confessed without the police informing him of his right to remain silent or have an attorney after his arrest.
Outcome:
police must give "Miranda Warnings" immediately after a person is arrested
“the right to remain silent, the right to a lawyer, and that what they say can be used against them in a court”
Related Cases:
Mapp v. Ohio (warrant required)

17. Supreme Court decisions in Mapp v. Ohio, Gideon v
Supreme Court decisions in Mapp v. Ohio, Gideon v. Wainwright, and Miranda v. Arizona affected individual liberties by
eliminating the poll tax as a voting requirement
preventing the use of organized prayer in public schools
requiring equal pay for men and women performing the same job
expanding the constitutional rights of people accused of crimes
As a result of the Supreme Court ruling in Miranda v. Arizona (1966), a person accused of a crime is entitled to
a speedy trial
reasonable bail
a reading of his or her rights at the time of arrest
protection against cruel or unusual punishment

18. Tinker v. Des Moines (1969) Summary:
Three students wore black arm bands to school to protest the Vietnam War.
Principals in their school district prohibited the wearing of armbands as it would provoke a disturbance, so the students were suspended from school.
Outcome:
Court declared that "student rights do not stop at the schoolhouse gates."
Silent expression of opinion (ex: wearing of black arm bands) was protected by the Constitution.
Related Cases:
New Jersey v. T.L.O (search & seizure) & Engel v. Vitale (prayer in schools)

19. The Supreme Court cases of Tinker v. Des Moines and New Jersey v
The Supreme Court cases of Tinker v. Des Moines and New Jersey v. TLO involved the issue of
freedom of the press
freedom of religion
the rights of students in school
the rights of prison inmates
Which principle was dealt with in the Supreme Court decisions in Schenck v. United States (1919) and Tinker v. Des Moines (1969)?
States rights
voting rights
freedom of speech
freedom of assembly

20. Roe v. Wade (1973)
Summary:
States determined if abortion was legal or not
Woman in Texas wanted an abortion but was denied based on Texas law
Outcome:
Declared that state laws making abortions illegal to be unconstitutional
Right to determine what happens to one’s body & right to privacy
Controversial issue even today
Related Cases:
Planned Parenthood (PA) v. Casey

21. protection of property rights freedom of speech right to privacy
The Supreme Court decision in Roe v. Wade (1973) was based on the constitutional principle of
protection of property rights
freedom of speech
right to privacy
freedom of religion
The cartoon most clearly implies that since its decision in Roe v. Wade the Supreme Court has
ignored public opinion on the issue
experienced serious conflict between female and male Justices over the issue
refused to deal with the issue again
struggled to accommodate conflicting viewpoints on the issue

22. Outline this thematic prompt on page 5
STRIVE FOR FIVE (5) = Include at least 5 bullet points per box