Top Ten Court Cases that have impacted law in the United States.

Marbury v. Madison Year—1803 Case of the Midnight Judges Facts—Marbury was put in as a new judge hours before Adams left the office of the president…can the supreme court force congress to install the judges? Ruling—Supreme court has judicial review over what congress does, but limited their own power. They allowed the congress to deal with the issue.

McCulloch v. Maryland Year—1819 Facts—In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. Can the federal government be taxed by the state? Ruling—the Federal government cannot be taxed by the state.

Scott v. Sanford Year—1857 Dred Scott was a slave in Missouri. From 1833 to 1843, he resided in Illinois (a free state) and in an area of the Louisiana Territory, where slavery was forbidden by the Missouri Compromise of 1820. After returning to Missouri, Scott sued unsuccessfully in the Missouri courts for his freedom, claiming that his residence in free territory made him a free man. Scott then brought a new suit in federal court. Scott's master maintained that no pure-blooded Negro of African descent and the descendant of slaves could be a citizen in the sense of Article III of the Constitution. Ruling—Article III, the court involved in citizenship—court voted for slavery. Is now looked upon as a mar on the court records.

Brown v. Board of Education Year—1954 Facts—Was segregation of black & whites in school legal? 1886 Plessy v. Furgeson stated that segregation of blacks and whites was OK if they were equal. (Separate but equal) Ruling—Favored desegregation because it is interpreted as a sign of inferiority. Took 10 years before civil rights acts were passed.

Baker v. Carr Year—1962 Facts—Tennessee lines for voting were unfair (rural areas were placed in areas where they could not actually vote.) Gerrymandering. Ruling—Yes, they were unfair. This was the 1st case that made it all the way to the supreme court so the impact is that the supreme court could now get involved with state issues.

Engle v. Vitale Year 1962 Facts—Prayer in school. Ruling—There must be a separation of church and state. Religion should not be imposed on others. Still in hot debate.

New York Times v. Sullivan Year—1964 Facts—Martin Luther King was arrested for perjury in New York City. Four black ministers took out an ad slamming the legal system because of it. The Chief of police was outraged and sued for libel. Ruling—Public officials & high profile people have a different standard. They have chosen to live a public life and will be written about and spoken about as a result.

Miranda v. Arizona Year—1966 Facts—Many cases were filed at the same time, this was just the 1st name on the list. Can statements be used to incriminate the perpetrator? Ruling—5-4 decision—self incrimination cannot be used must have the accused a sign statement saying they are voluntarily without legal counsel.

Miranda Rights cont…. Challenge to Miranda U of U Professor Cassell argued congress cannot make laws to over-rule a supreme court decision.

Roe v. Wade Year—1973 Facts—Does a right to privacy extend to a woman’s right to have an abortion in the 1st trimester of pregnancy? Ruling—A woman can do with her body what she wants to. Impact—Legalized abortion.

Roe v. Wade cont… Roe is now adamantly opposed to abortion. Colorado has an 8 ft. rule—protestors must be 8 feet away when they are 100 feet away from an abortion clinic building. Antwon Scolia quoted that it was an “arrogant court” that would make such a decision. (6-3 vote) Challenged in 1992—upheld.

U.S. v. Nixon Year—1974 Facts—Watergate: Nixon taped conversations and would not give the tapes because of presidential immunity. Does the president have the right to safeguard certain information using “executive privilege”? Ruling—Supreme court can be involved w/the president, no one is above the law—even the president.

References http://www.oyez.org/cases/2000-2009/2006/ http://www.uscourts.gov/outreach/resources/supremecourtcases.htm http://www.supremecourtus.gov/ http://public.findlaw.com/civil-rights/race-discrimination/race-discrimination-history.html http://www.washingtonpost.com/wp-dyn/politics/fedpage/supremecourt/