1. LANDMARK SUPREME COURT CASES

2. 14 TH AMENDMENT CASES State & federal citizenship for all persons regardless of race both born or naturalized in the United States was reaffirmed. No state would be allowed to abridge the "privileges and immunities" of citizens. No person was allowed to be deprived of life, liberty or property without "due process of law." No person could be denied "equal protection of the laws."

3. 3 STATE V. MANN (1829) This case declared the rights and protections of the slave in relation to their master - there were not any. John Mann had beaten a slave and gravely wounded her over a trifle offense. Authorities charged him with battery because the offense did not match the punishment. Mann took the decision to the state Supreme Court to see about the rights of slaves with their masters. Decision: it was in favor of Mann, because the Master’s right was absolute. Justice Ruffin refused legal protection to slaves.

4. DRED SCOTT V. SANFORD (1857) What happened  Sandford lived in MO (a slave state) took Dred Scott to IL (a free state) and Scott said he was now free. Is he a citizen? DECISION  States cannot deprive a person of his right to property 5 th Amendment (1857)

5. PLESSY V. FERGUSON (1896) What happened  Plessy (1/8 of African decent) sat in white only train car, would not move when asked DECISION  Established the concept of “separate but equal” in public facilities 14 th Amendment (1896)

6. BROWN V. BOARD OF EDUCATION (1954) What happened  Mr. Brown wanted his daughter to attend the neighborhood school (she was black and the school was for whites) DECISION  Schools were desegregated. Separate is unequal. Separate but equal has no place  Integrated schools  Overturned Plessy v. Ferguson 14 th Amendment (1954)

7. IN RE GAULT (1966) What happened  Sent to juvenile detention for an alleged obscene phone call, no lawyer, no witnesses DECISION  Juveniles are provide due process as well as adults  Prior to this ruling juvenile crimes were handled in family law not criminal law 14 th Amendment – Due Process (1966)

8. FURMAN V. GEORGIA (1971) What happened  Georgia death penalty law vague and so most death row inmates were Black men DECISION  Capital Punishment and the enforcement of the death penalty cannot be racially biased 8 th and 14 th Amendment (1971)

9. SWANN V. CMS BD OF ED (1971)  What happened (17 yrs after Brown)  CMS was not integrated even though Brown v. Board of Ed said that segregation is not okay  DECISION  Court ordered busing to integrate schools  This decision changed the landscape of CMS schools by forcing the busing of students outside their neighborhood school  This lead to forced desegregation of schools  14 th Amendment (1971)

10. GREGG V. GEORGIA (1976) What happened  Sentenced to death for 2 counts murder Is capital punishment legal? DECISION  Upheld sentences of death – death penalty itself does not violate the Constitution 8 th and 14 th Amendments (1976)

11. REGENTS OF THE UNIVERSITY OF CALIFORNIA V. BAKKE (1978) What happened  A white student was not accepted in to the school and several minority students with lower scores were DECISION  Schools cant use admissions quotas and admit students solely based on race 14 th Amendment (1978)

12. 12 LEANDRO V. NC 1997 Background: Several of the poorer school districts not receiving what they saw as their fair share of the state money for education. These districts could not provide the same salaries, services, or supplies as wealthier districts. Decision: The State Supreme Court decided that the money did not need to be divided up equal between the districts, but each student had a right to a proper education. The state was to decide where the funds went rather than the districts.

13. 4 TH AMENDMENT No unreasonable searches and seizures No warrants without probable cause

14. OLMSTEAD V. US (1928) What happened: Two people for unlawfully possessing, transporting, and selling alcohol The evidence was collected thru wiretapping their phone lines. The Feds were investigating them for conspiracy under the National Prohibition Act Decision  “Reasonable expectation of privacy” did not include wiretapping. 4 th amendment does not protect individuals form wiretapping. And this evidence may be used in court. 4 th Amendment (1928)

15. ROE V. WADE (1973) What happened Jane Roe was unmarried pregnant woman in Texas Texas law was against abortion except for “on medical advice for the purpose of saving the life of the mother.” Roe filed suit against Wade, the district attorney of Dallas County, it violated the guarantee of personal liberty and the right to privacy implicitly guaranteed in the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.  A state cannot take away a woman’s right to an abortion Outcome: Supreme Court invalidated any state laws that prohibited first trimester abortions. Women have the right to have an abortion & the right to privacy. 4 th Amendment (1973) Right to Privacy

16. SUPREMACY CLAUSE U.S. Constitution, federal statutes & U.S. treaties as "the supreme law of the land“ It provides that these are the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state.

17. MCCULLOCH V. MARYLAND (1819) What happened  Maryland tried to put a tax on a branch of the Bank of the US DECISION  A state cannot tax a federal institution Supremacy Clause (1819)

18. HEART OF ATLANTA MOTEL V. US (1964) What happened Heart of Atlanta Motel in Atlanta, Georgia, refused to accept Black Americans &was charged with violating Title II. Decision  Congress could outlaw racial segregation of private facilities that are engaged in interstate commerce Supremacy Clause (1964)

19. COMMERCE CLAUSE Congress has the power to regulate Commerce with foreign Nations & among the several States & with the Indian Tribes This power is enumerated power of Congress and the Supreme Court Congress can limit the rights of the states to regulate commerce within their own borders

20. GIBBONS V. OGDEN (1824) What happened  Ogden had NY state license to ferry people from NYC to NJ, Gibbons also ferried people but had no state license but did have a federal coasting license DECISION  The Federal government has the power over the state to regulate interstate commerce. Federal ferry license prevails over a State Ferry License (no NY monopoly) Supremacy Clause (1824)

21. EXECUTIVE POWERS

22. U.S. NIXON (1974) Watergate affair. Nixon thought he was immune from the subpoena claiming "executive privilege," Question Is the President's right to safeguard certain information, using his "executive privilege" confidentiality power, entirely immune from judicial review? Decision: No. The Court held that neither the doctrine of separation of powers, nor the generalized need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified, presidential privilege

23. 1 ST AMENDMENT: ESTABLISHMENT CLAUSE Congress shall make no law respecting an establishment of religion...

24. ENGEL V. VITALE (1962)  What happened  School board required students to say a prayer at beginning of each day  DECISION  A school cannot require students to pray. This court case upheld separation of church and state.  Establishment Clause  Eliminated prayers in school  Students cannot be forced to recite a prayer because it violates their 1 st Amendment right to freedom of religion  1 st Amendment (1962)

25. 1 ST AMENDMENT: EXPRESSION Congress shall make no law … abridging the freedom of speech or press political right to communicate one's opinions & ideas

26. SCHENCK V. US (1969) What happened  Anti-Vietnam leader who urged men to resist the draft DECISION  Free speech is limited during times of war and 1 st Amendment rights are not absolute 1 st Amendment (1969)

27. HAZELWOOD V. KUHLMEIER (1988)  What happened  Students wrote an article the principal would not allow to be published in the school newspaper  DECISION  Schools can filter or limit information that is placed into a school newspaper.  This case allows school officials to have full control of school sponsored activities  Activities can continue “so long as their actions are reasonably related to legitimate pedagogical concerns  1 st Amendment (1988)

28. BETHEL SCHOOL DISTRICT V. FRASER (1988) What happened  Obscene Speech at assembly DECISION  Schools may limit the profane, obscene lewd speech of a student 1 st Amendment (1983)

29. TEXAS V. JOHNSON (1989) What happened  Texas had a law against desecrating the Flag, Mr. Johnson burned a Flag in protest DECISION  The Government cannot limit a citizen’s right to burn the US Flag  This case protected the rights of individuals to freedom of expression, even if in this case that expression is the burning of the American flag 1 st Amendment (1989)

30. U.S. V. EICHMAN (1989) Facts of the Case 1989, Congress passed the Flag Protection Act which made it a crime to destroy an American flag or any likeness of an American flag which may be "commonly displayed." The law did allow proper disposal of a worn or soiled flag. Eichman set a flag ablaze on the steps of the U.S. Capitol while protesting the government's domestic and foreign policy. Question Did the Act violate freedom of expression protected by the First Amendment? Conclusion Court struck down the law because "its asserted interest is related to the suppression of free expression and concerned with the content of such expression. " Allowing the flag to be burned in a disposal ceremony but prohibiting protestors from setting it ablaze at a political protest made that clear. 30

31. TINKER V. DES MOINES (1989) What happened  Students wore black arm bands protesting Vietnam War, they were suspended DECISION  A student does not shed his rights at the door. Black armbands to protest the Vietnam War can be worn since they are not disruptive. 1 st Amendment (1969)

32. 6 TH AMENDMENT accused shall enjoy the right to a speedy & public trial, by an impartial jury be informed of the nature & cause of the charges to confront witnesses to obtaining witnesses for your defense to have the a lawyer for defense

33. GIDEON V. WAINWRIGHT (1963)  What happened  Gideon charged with crime, at that time in FL lawyers only given for death penalty and insanity cases, he had no money to pay a lawyer and was found guilty  DECISION  All accused persons are entitled to a lawyer, even if they cannot afford one.  Right to Counsel  Person must have counsel provided, regardless of the charges filed against them  Gideon Rule  6 th Amendment (1963)

34. JUDICIARY ACT OF 1789 Judicial power of the United States, shall be vested in one Supreme Court," and such inferior courts as Congress establishes

35. MARBURY V. MADISON (1803) Marbury was appointed Justice of the Peace by President John Adams but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force the new Secretary of State James Madison to deliver the documents. The Court found that Madison's refusal to deliver the commission was both illegal and remediable. The Court compelled Madison to hand over Marbury's commission DECISION  Established the concept of Judicial Review: the Supreme court has the final authority to find acts of government unconstitutional

36. 4 TH AMENDMENT Illegal searches & seizures

37. NEW JERSEY V. T.L.O. (1985) What happened  2 students caught smoking in bathroom, sent to VP, asked to open purses, VP found rolling paper used for marijuana, asked students to dump out purses, found money, marijuana, and list of people owing her money DECISION  Schools are only required to have “reasonable suspicion” to search students 4 th Amendment (1985)

38. MAPP V. OHIO (1962)  What happened  Police searched Mapp’s house with a fake warrant and found illegal material  DECISION  Illegally obtained evidence cannot be used in court.  Illegal Evidence and Due Process Clause  No illegal search and seizures applied to all states  Before this rule not every state incorporated excluding evidence gained through an illegal search  Exclusionary Rule  4 th and 14 th Amendment (1962)

39. 5 TH AMENDMENT Right to a Grand Jury Cannot be tried for the same offense to be twice Right against self incrimination Cannot be deprived of life, liberty, or property, without due process of law Private property cannot be taken for public use, without just compensation

40. KOREMATSU V. UNITED STATES (1944)  What happened  Mr. Korematsu said it is not Constitutional for people of Japanese decent to be forced to move to internment camps  DECISION  Justices ruled for US government saying that times of national hardship and extreme times can allow some individual rights to be taken away  Court upheld the military order presented by the circumstances of WW II – “Pressing public necessity may sometimes justify the existence of restrictions which curtail the civil rights of a single racial group”  5 th Amendment – Due Process (1944)

41. MIRANDA V. ARIZONA (1966)  What happened  Miranda arrested but not told his right to not confess to the crime, he signed a confession and was convicted  DECISION  A person must be read his or her rights before being arrested.  When Ernesto Miranda was arrested and questioned and signed a confession that listed that he had “full knowledge of his legal rights”, he was not made aware of his rights to counsel and the confession was illegally gained.  5 th Amendment (1966)