1. Landmark Supreme Court Cases: American History

2. Marbury v. Madison Essentials: Essentials: Established JUDICIAL REVIEW Established JUDICIAL REVIEW 1803 Judiciary Act ruled unconstitutional 1803 Judiciary Act ruled unconstitutional Midnight Judges/Appointments Midnight Judges/Appointments Supreme Court could now review the constitutionality of any federal law Supreme Court could now review the constitutionality of any federal law

3. Marbury v. Madison (1803): William Marbury was appointed justice of the peace by John Adams the day before he left office. Thomas Jefferson (the new president), cancelled Marbury’s appointment. Marbury asked the Supreme Court to rule on the case based on the Judiciary Act, which enabled him to take his case directly to the Supreme Court. The Supreme Court ruled that the Judiciary Act itself was unconstitutional and Marbury lost his case.

4. Judicial Review The decision established “judicial review”: the evaluation of federal laws’ constitutionality as a power of the Supreme Court The Supreme Court has the ability to review laws, cases, decisions, etc. and judge their constitutionality.

5. Plessy v. Ferguson Essentials: Essentials: 1896 1896 Overturned by Brown v. Board of Education Overturned by Brown v. Board of Education Allowed “separate but equal” discrimination Allowed “separate but equal” discrimination Supreme Court ruled 14 th Amendment rights NOT violated Supreme Court ruled 14 th Amendment rights NOT violated

6. Plessy v. Fergusson (1896): A Louisiana law required separate seating for white and African Americans on public railroads (segregation). --Herman Plessy said his 14th Amendment rights (Equal Protection Clause) had been violated. --The Supreme Court ruled that his rights were not violated, and segregated public facilities were permitted until 1954.

7. Brown v. Board of Education Essentials Essentials “Separate but Equal” overturned “Separate but Equal” overturned Ruled that public schools must be integrated Ruled that public schools must be integrated Top 5 most important case in US History Top 5 most important case in US History 1954 1954 Equal Protection Clause of 14 th Amendment Equal Protection Clause of 14 th Amendment

8. Brown v. Board of Education of Topeka (1954) 10-year-old, Linda Brown, was not allowed to attend her neighborhood school because she was African American. --Linda Brown said her 14th Amendment rights (Equal Protection Clause) had been violated. --The Supreme Court ruled that “separate but equal” segregation was a violation of the Equal Protection Clause. This decision overturned the precedent established by Plessy v. Ferguson in 1896.

9. Mapp v. Ohio Essentials Essentials 1962 1962 Women had female porn in house; “obscene material” was illegal at the time Women had female porn in house; “obscene material” was illegal at the time Conviction overturned, led to “Exclusionary Rule” Conviction overturned, led to “Exclusionary Rule”

10. Mapp v. Ohio (1962): Dollree Mapp was convicted of having obscene materials in her home. Mapp appealed the conviction, saying that the police had violated her rights by entering her house without a warrant. The Supreme Court overturned the lower court’s decision, saying that the police had acted improperly, this excluding the evidence that they had found. “Exclusionary Rule”: excludes all evidence that is found in illegal police searched.

11. Gideon v. Wainwright Essentials Essentials 1963 1963 Gideon Rule: everyone is guaranteed a lawyer, regardless of ability to pay Gideon Rule: everyone is guaranteed a lawyer, regardless of ability to pay He was found guilty in part due to bad legal representation in first trial He was found guilty in part due to bad legal representation in first trial At retrial found not guilty At retrial found not guilty

12. Gideon v. Wainwright (1963): Clarence Gideon was found guilty of breaking and entering and sentenced him to 5 years in prison. Gideon appealed claiming that he had been unconstitutionally denied counsel during trial due to Florida’s policy of only providing legal counsel in capital areas. Gideon received a new trial (with a court-appointed attorney) and was found not guilty. “The Gideon Rule”: guarantees counsel to all poor persons facing a felony charge (6th Amendment).

13. Miranda v. Arizona Essentials Essentials 1966 1966 Miranda Rights Miranda Rights Police messed up Police messed up If you don’t read an arrestee their rights, anything they say doesn’t count If you don’t read an arrestee their rights, anything they say doesn’t count

14. Miranda v. Arizona (1966): Ernesto Miranda was arrested for kidnapping and sexual assault – he signed a full confession including a statement that he “had full knowledge of his legal rights.” Miranda appealed claiming that he had not received warning or legal council to guide his decision to confess. The Supreme Court agreed with Miranda, saying that all suspects must be forewarned that they have the right to remain silent and the right to an attorney. “Miranda Rule”: before a suspect is questioned by police, he/she must be:

15. The Miranda Rights: 1. Told of their right to remain silent. 2. Warned that whatever they say may be used in court. 3. Informed of their right to an attorney. 4. Informed that an attorney will be provided if they cannot afford one. 5. Told that they can stop police questioning at any time.

16. Follow-up What do the cases Miranda v. Arizona AND Gideon v. Wainwright have in common? Who BENEFITS from these rulings? What do the cases Miranda v. Arizona AND Gideon v. Wainwright have in common? Who BENEFITS from these rulings? A) Lawyers? A) Lawyers? B) criminals/suspected criminals/the accused? B) criminals/suspected criminals/the accused? C) someone else? C) someone else?

17. Gregg v. Georgia (1976): Troy Gregg was sentenced to death after being found guilty of 2 counts of armed robbery and 2 counts of murder. Gregg appealed claiming that the sentence violated the “cruel and unusual punishment” clause of the 8th Amendment. The Supreme Court denied the appeal, stating for the first time that “the death penalty does not invariably violate the Constitution”.

18. Gregg v. Georgia Essentials Essentials 1976 1976 Gregg appealed, citing “cruel and unusual punishment” Gregg appealed, citing “cruel and unusual punishment” Gregg’s appeal denied, sentenced to death for 2 counts armed robbery, 2 counts murder Gregg’s appeal denied, sentenced to death for 2 counts armed robbery, 2 counts murder Supreme Court ruled death penalty does not violate the Constitution Supreme Court ruled death penalty does not violate the Constitution

19. Roper v. Simmons (2005) Essentials Essentials Juveniles cannot be sentenced to death Juveniles cannot be sentenced to death Cruel and Unusual Punishment to kill a juvenile Cruel and Unusual Punishment to kill a juvenile

20. New Jersey v. T.L.O. Essentials Essentials Female student (initials TLO) caught smoking in school bathroom Female student (initials TLO) caught smoking in school bathroom Vice-Principal searched her purse, found marijuana and cigarettes / confessed to police / probation Vice-Principal searched her purse, found marijuana and cigarettes / confessed to police / probation State SC overturned, Federal SC reversed decision State SC overturned, Federal SC reversed decision “Reasonable suspicion” and “probable cause” “Reasonable suspicion” and “probable cause” Public schools are allowed to search students lockers, purses, etc, if there is reasonable suspicion Public schools are allowed to search students lockers, purses, etc, if there is reasonable suspicion

21. New Jersey v. T.L.O. (1985): T.L.O. (a New Jersey high school student) was sentenced to probation by juvenile court after a vice-principal searched her purse and found cigarettes and marijuana. T.L.O. appealed the ruling saying the principal’s search was unreasonable. The Supreme Court denied the appeal, saying that schools are allowed more leeway when conducting searches. The Court created a “reasonable suspicion” rule for schools conducting searches, instead of the “probable cause” rule that exists for the rest of society.

22. Roe v. Wade Essentials Essentials 1973 1973 Abortion is now legal Abortion is now legal Women’s right to privacy Women’s right to privacy Follow-up to Griswold v. Connecticut (1965) Follow-up to Griswold v. Connecticut (1965)

23. Regents of Univ of California v. Bakke (1978) Essentials Essentials White male was rejected into a medical school White male was rejected into a medical school School took top 100 applicants, but only 80 whites School took top 100 applicants, but only 80 whites He was more qualified than every minority student but, because the school wanted diversity, he did not get in He was more qualified than every minority student but, because the school wanted diversity, he did not get in He sued and was successful: In this case, AFFIRMATIVE ACTION (saving spots for minorities) was unconstitutional He sued and was successful: In this case, AFFIRMATIVE ACTION (saving spots for minorities) was unconstitutional

24. Tinker v. Des Moines (Iowa) Two students wore black armbands to school to protest the Vietnam Two students wore black armbands to school to protest the Vietnam The school told them to take them off, they refused and were suspended The school told them to take them off, they refused and were suspended Supreme Court ruled in the students favor, citing FREEDOM OF SPEECH Supreme Court ruled in the students favor, citing FREEDOM OF SPEECH

25. Legality of Arm Bands The Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property. To suspend the students, the arm bands would have to interfere with the school day, and they did not The Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property. To suspend the students, the arm bands would have to interfere with the school day, and they did not

26. SC Case Review What were the main arguments/outcomes of each of the following cases? Miranda v. Arizona Miranda v. Arizona Plessy v. Fergusson Plessy v. Fergusson Brown v. Board of Education Brown v. Board of Education Gregg v. Georgia Gregg v. Georgia Mapp v. Ohio Mapp v. Ohio TLO v. New Jersey TLO v. New Jersey Marbury v. Madison Marbury v. Madison