1. Important Supreme Court Cases

2. Marbury v. Madison Does the Judiciary Act of 1789 allow Marbury to take his case directly to the Supreme Court? Does the Judiciary Act of 1789 allow Marbury to take his case directly to the Supreme Court? No…the law was ruled to be unconstitutional…it established judicial review (the power of the court to decide the constitutionality of laws and executive branch actions) No…the law was ruled to be unconstitutional…it established judicial review (the power of the court to decide the constitutionality of laws and executive branch actions)

3. Plessy v. Ferguson Is it legal to segregate blacks and whites on railroad cars? Is it legal to segregate blacks and whites on railroad cars? Yes, they can be “separate, but equal” – legalized segregation Yes, they can be “separate, but equal” – legalized segregation

4. Schenck v. U.S. Can a person hand out pamphlets during a time of war that urge others to resist the draft? Can a person hand out pamphlets during a time of war that urge others to resist the draft? No, it presents a danger to our national security No, it presents a danger to our national security

5. Brown v. Board of Education Are black schools equal to white schools? Are black schools equal to white schools? No, they are inherently unequal and create a feeling of inferiority among blacks…schools must be integrated No, they are inherently unequal and create a feeling of inferiority among blacks…schools must be integrated

6. Mapp v. Ohio Can the police search your house and use evidence in court without a warrant? Can the police search your house and use evidence in court without a warrant? No, it violates the 4 th Amendment and the evidence would not be admissible in court No, it violates the 4 th Amendment and the evidence would not be admissible in court

7. Tinker v. Des Moines Can a school suspend a student for wearing a black armband to school to protest the Vietnam War? Can a school suspend a student for wearing a black armband to school to protest the Vietnam War? No, it would violate freedom of expression (speech) – students do not shed their rights at the schoolhouse gate No, it would violate freedom of expression (speech) – students do not shed their rights at the schoolhouse gate

8. McCulloch v. Maryland Does a State have the right to tax a federal bank? Does a State have the right to tax a federal bank? No…it upheld: No…it upheld: Supremacy Clause (federal law – state law – county laws) Supremacy Clause (federal law – state law – county laws) Elastic (Necessary and Proper) Clause – it wasn’t written in the Constitution that Congress could create a federal bank, but it was implied by the borrowing, coining money, and commerce powers) Elastic (Necessary and Proper) Clause – it wasn’t written in the Constitution that Congress could create a federal bank, but it was implied by the borrowing, coining money, and commerce powers)

9. Texas v. Johnson Could a State make a law forbidding the desecration of the U.S. flag? Could a State make a law forbidding the desecration of the U.S. flag? No, it would violate freedom of expression (speech) No, it would violate freedom of expression (speech)

10. Roe v. Wade Can a State law forbid one from having an abortion? Can a State law forbid one from having an abortion? No, the law was unconstitutional because it violated the 14 th Amendment’s right to privacy (substantive due process) – the case legalized abortion in all States No, the law was unconstitutional because it violated the 14 th Amendment’s right to privacy (substantive due process) – the case legalized abortion in all States

11. Korematsu v. U.S. Was it legal for the government to force Japanese-Americans to move to internment camps during a time of war? Was it legal for the government to force Japanese-Americans to move to internment camps during a time of war? Yes, but only during a time of war because it is for national security – your rights may be suspended during national emergencies Yes, but only during a time of war because it is for national security – your rights may be suspended during national emergencies

12. New Jersey v. TLO Can a school official search a student’s belongings without probable cause? Can a school official search a student’s belongings without probable cause? No, it would violate the 4 th Amendment No, it would violate the 4 th Amendment

13. Gideon v. Wainwright Can courts refuse to give you a lawyer if you are too poor to afford one? Can courts refuse to give you a lawyer if you are too poor to afford one? No, one must be appointed for you No, one must be appointed for you

14. Miranda v. Arizona Can the police use a confession obtained during questioning in court without the suspect knowing their rights? Can the police use a confession obtained during questioning in court without the suspect knowing their rights? No, it would be inadmissible in court…established Miranda Rights No, it would be inadmissible in court…established Miranda Rights

15. Furman v. Georgia Can a judge alone rule whether a person should have the death penalty? Can a judge alone rule whether a person should have the death penalty? No, there must first be a grand jury trial and then a second trial for sentencing if the crime could be punishable by death No, there must first be a grand jury trial and then a second trial for sentencing if the crime could be punishable by death