C3.2(2) LANDMARK SUPREME COURT CASES Marbury v Madison (1803) ISSUE: Judicial Review This is in your C3.1(4) notes, add to these notes

McCulloch v. Maryland (1819) ISSUE: Federalism (Necessary and Proper Clause) Q: Can the Government create a national bank? It is not granted that power in the Const. A: yes. WHY? Because Congress has “implied powers”(the elastic clause)

C3.2(2) Gibbons v. Ogden (1824) ISSUE: Federalism (Commerce Clause) Q: When State Gov’t and Federal Gov’t laws conflict, who wins? A: Federal Gov’t wins. Why? Constitution gives Congress the right to regulate interstate (between state) commerce

Dred Scott v. Sandford (1857) ISSUE: Slavery (Due Process) Q: Can an African-American sue someone in court? A: No. WHY? Because they are not citizens, so are not protected under the Constitution

C3.2(2) Plessy v. Ferguson (1896) ISSUE: Segregation (Equal Protection Clause) Q: is it legal to have separate facilities for Blacks and Whites? A: Yes WHY? Segregation is constitutional (“separate but equal”)

Brown v. Board of Education (1954) ISSUE: Segregation (Equal Protection) Q: Is segregation legal? A: No WHY? State laws requiring “separate but equal” schools are unconstitutional

C3.2(2) Gideon v. Wainwright (1963) ISSUE: Right to a Lawyer (Due Process) Q: Are states required to provide attorneys for some felony defendants? A: Yes WHY? States are bound by the Constitution, too

C3.2(2) Mapp v. Ohio (1961) ISSUE: Unreasonable Search and Seizure (Due Process) Q: can police search your house without a warrant? A: No WHY: the Constitution prohibits “unreasonable search and seizure”

C3.2(2) Miranda v. Arizona (1966) ISSUE: Self-Incrimination Q: can police question you without first notifying you of your rights? A: No WHY? The Constitution protects us from self-incrimination

C3.2(2) Tinker v. Des Moines (1969) ISSUE: Freedom of Speech Q: Can students wear certain clothing as a form of protest? A: Yes WHY? Students do not lose their constitutional rights when they enter a school

United States v. Nixon (1974) C3.2(2) United States v. Nixon (1974) ISSUE: Checks and Balances Q: Is the president immune from checks and balances under “executive privilege”? A: No WHY: Executive Privilege has limits

Regents of the U. of California v. Bakke (1978) ISSUE: Affirmative Action (Equal Protection) Q: should race help determine who is accepted to universities? A: No and Yes WHY? The University’s code was too rigid, but Affirmative Action is constitutional

C3.2(2) New Jersey v. T.L.O. (1985) ISSUE: Unreasonable Search and Seizure Q: Do school officials need “probable cause” to search a student? A: No WHY? “probable cause” is for police outside of school, in school “reasonable suspicion” is enough

C3.2(2) Texas v. Johnson (1989) ISSUE: Freedom of Speech Q: is burning the American flag protected under “freedom of speech”? A: Yes WHY? Freedom of speech protects even those who offend people

Hazelwood v. Kuhlmeier (1988) C3.2(2) Hazelwood v. Kuhlmeier (1988) ISSUE: Censorship (Freedom of the Press) Q: Can a principal censor student speech in a school newspaper? A: Yes WHY? Schools must set high standards for student speech in non-public forums

C3.2(1) SUMMARY QUESTIONS Choose 5 cases that interest you the most. Explain why you believe the Supreme Court got it right, or got it wrong.