1. Court Cases

2. Court Case Assignment In groups you will research the major landmark court cases relative to this unit. The cases will be randomly selected for each group. The group will create a presentation that will be given to the class. The presentation must include: 1)Name of the court case 2)Description of what took place prior to Supreme Court hearing 3)The outcome of the court case 4)The majority and minority(dissenting) opinions (and consenting when available) 5)The significance of the Court Case. What did it do? How has the decision had a lasting effect on the United States?

3. Marbury v. Madison John Adams appointed 58 members of his party to office John Marshall failed to deliver 17 of them Jefferson told Secretary of State James Madison not to deliver appointments Marbury sued Jefferson’s administration saying he was entitled to his appointment JUDICIAL REVIEW

4. How have past court cases affected our individual rights?

5. McCulloch v. Maryland Maryland issued state tax on Baltimore branch of the National Bank McCulloch refused to pay tax 2 issues: 1) Does Congress have the authority to issue a national bank 2) whether or not Maryland had the authority to tax a branch of the national bank Bank was “necessary and proper” for Congress to carry out its powers UPHELD SUPREMACY OF THE FEDERAL GOVERNMENT

6. Gibbons v. Ogden Aaron Ogden held Fulton-Livingston license to operate steamboats under New York monopoly Thomas Gibbons help a federal coasting license FEDERAL GOVERNMENT REGULATES ALL INTERSTATE COMMERCE

7. Regents of the University of California v. Bakke Regular vs. special admissions programs Bakke rejected from medical school twice while minorities with lower GPAs were admitted UPHELD AFFIRMATIVE ACTION AS ONE OF SEVERAL FACTORS IN COLLEGE ADMISSIONS PROCESS – Affirmative action- equal opportunity employment or, in this case, admission. SPECIFIC QUOTAS WERE NOT ALLOWED

8. Plessy v. Ferguson 1890, LA passes statute of separate but equal accommodations on railroad cars Homer Plessy sat in the first class “white car” Arrested for violating Separate Car Act Decision: AS LONG AS THE SEPARATE FACILITIES WERE EQUAL THE CONSTITUTION DID NOT PROHIBIT SEGREGATION “SEPARATE, BUT EQUAL”

9. Brown v. Board of Education Schools for blacks violated the 14 th amendment “equal protection clause” Even if schools were similar, segregated schools could never be equal to one another Decision: SEPARATE EDUCATION FACILITIES ARE INHERENTLY UNEQUAL MADATED DESEGREGATION “WITH ALL DELIBERATE SPEED”

10. Korematsu v. United States After Pearl Harbor, those of Japanese descent were placed internment camps Military feared they could be spies for Japan Korematsu was arrested for violating an order banning those of Japanese descent from the area of San Leandro, CA US: Necessary to protect the country Decision: ORDER DID NOT VIOLATE THE 14 TH AMENDMENT ACTION WAS CONSTITUTIONAL BECAUSE IT DID NOT SHOW RACIAL PREJUDICE TOWARD JAPANESE AMERICANS

11. Roe v. Wade Jane Roe pregnant and wanted to have an abortion Sued DA of Dallas County Wade to challenge the law Decision: ABORTION IS PROTECTED BY THE RIGHT TO PRIVACY “THE WORD ‘PERSON’ DOES NOT INCLUDE THE UNBORN”

12. Furman v. Georgia Death Penalty rule “cruel and unusual punishment” because of the haphazard and inconsistent nature in which it was given No rational or objective standards in which the death penalty would be given Decision: DEATH PENALTY, UNDER THIS SYSTEM, IS “CRUEL AND UNUSUAL PUNISHMENT

13. Gregg v. Georgia Troy Gregg found guilty of murder and armed robbery Wanted the courts to declare the death penalty itself unconstitutional Decision: GEORGIA’S SYSTEM WAS “JUDICIOUS” AND “CAREFUL” DEATH PENALTY WITH JUSTIFICATION IS NOT UNCONSTITUTIONALLY SEVERE

14. New Jersey v. TLO Two girls found smoking cigarettes in the bathroom TLO lies and the principle finds rolling papers, marijuana, a pipe, plastic bags, large amount money, list of names owing money, letters linking marijuana sales Said search was illegal because of the 4 th amendment Decision: SCHOOLS DO NOT NEED A SEARCH WARRANT AS LONG AS THE SEARCH WAS REASONABLE UNDER THE CIRCUMSTANCES

15. Texas v. Johnson Gregory Lee Johnson participated in a political demonstration in Dallas, Texas When they reached Dallas City Hall, Johnson poured kerosene on the American flag and set it on fire Charged for violating Texas Law for vandalizing respected objects. Given 1 year in prison and fined $2,000 Decision: ACT OF BURNING THE AMERICAN FLAG WAS PROTECTED BY THE 1 ST AMENDMENT BECAUSE IT IS EXPRESSIVE CONDUCT FREEDOM OF SPEECH

16. Mapp v. Ohio Dollree Mapp suspected of hiding a person suspected in a bombing She refused to let police in without a warrant Police forced their way in a searched every room based on a “search warrant” Found pornographic pictures, books, and photos Decision: EXCLUSION OF EVIDENCE IN A CRIMINAL TRIAL FOUND BY UNREASONABLE SEARCHES AND ARRESTS

17. Miranda v. Arizona Ernesto Miranda was charged with kidnap and rape Arrested, questioned, and soon confessed to the crimes It was assumed by police that he knew his rights because he had been arrested before Decision: DEFENDENTS MUST BE INFORMED OF THEIR RIGHTS AGAINST SELF-INCRIMINATION AND THE RIGHT TO AN ATTORNEY BEFORE QUESTIONING

18. Tinker v. Des Moines John and Mary Beth Tinker wore black armbands to school to protest the Vietnam war School said all those that don’t remove the arm band will be suspended, the Tinkers refused and were sent home District Court and Appeals Court ruled in favor of the school Supreme Court Decision: STUDENTS HAVE THEIR CONSTITUTIONAL RIGHT OF FREEDOM OF SPEECH WHILE IN PUBLIC SCHOOL IN FAVOR OR THE TINKERS