1. Supreme Court Cases continued…
The Judicial Branch of Government

2. New Jersey v. T.L.O. (1985)
What Happened? A student was caught smoking in bathroom & asked to open purse. VPrincipal found rolling paper used for marijuana and asked student to dump out purse- found money, marijuana, and list of people owing her money
Decision- Schools can search students if they have “reasonable suspicion”; rights are restricted at school because of safety for all students
4th Amendment

3. Bethel School District v. Fraser (1983)
What Happened? A student gave a Speech using obscene language at an assembly
Decision- Schools may limit the profane, obscene lewd speech of a student
1st Amendment

4. In re Gault (1967)
What Happened? Gerald Gault a 15 year old was sent to a juvenile detention center for an alleged obscene phone call, no lawyer and no witnesses
Decision- Juveniles are provided due process as well as adults
5th and 14th Amendments- Due Process

5. McCulloch v. Maryland (1819)
What Happened? The State of Maryland tried to put a tax on a branch of the Bank of the US a Federal Bank; ALSO is a National Bank Constitutional
Decision- A state cannot tax a federal institution & Yes a National Bank is constitutional
Supremacy Clause

6. Gibbons v. Ogden (1824)
What Happened? Ogden state license to ferry people from NYC to NJ, Gibbons also ferried people but had no state license
Decision- The Federal gov’t has the power over the state to regulate interstate commerce. Federal ferry license prevails over a State Ferry License
Supremacy Clause

7. Dred Scott v. Sanford (1857)
What Happened? Sanford, a slave owner, lived in MO (a slave state) took Dred Scott his slave to IL (a free state) and Scott said he was now free
Decision- Dred Scott was not a citizen because he was of African decent, therefore he could not sue or be a free citizen. Also to deprive a person of property (in this case, Dred Scott) without due process or just compensation violated the 5th Amendment, which states that “No person shall be… deprived of life, liberty or property, without due process of law”

8. Dred Scott

9. Furman v. Georgia (1971)
What Happened? Georgia death penalty law was vague and many people were claiming the punishment was too harsh based on the crime
Decision- Furman not put to death- In some cases the death penalty is considered cruel and unusual punishment
8th and 14th Amendments

10. Gregg v. Georgia (1976)
What Happened? Gregg sentenced to death for 2 counts murder
Decision- Upheld sentences of death– death penalty itself does not violate the Constitution
8th Amendment

11. Gideon v. Wainwright (1963)
What Happened? Gideon charged with crime and at that time in FL lawyers were only given for death penalty. He had no money to pay a lawyer and was found guilty.
Decision- All accused persons are entitled to a lawyer, even if they cannot afford one
6th Amendment

12. Miranda v. Arizona (1966)
What Happened? Miranda arrested but not told his right to not confess to the crime, he signed a confession and was convicted
Decision- A person must be read his or her rights before being arrested
5th Amendment

13. Mapp v. Ohio (1961)
What Happened? Police searched Mapp’s house with a fake warrant and found illegal material
Decision- Illegally obtained evidence cannot be used in court
Amendments 4th and 14th

14. Olmstead v. US (1928)
What Happened? Olmstead was line was tapped during the time of prohibition and he was arrested for alcohol smuggling
Decision- “Reasonable expectation of privacy” did not include wiretapping- 4th amendment does not protect individuals form wiretapping. And this evidence may be used in court

15. Engel v. Vitale (1962)
What Happened? School board required students to say a prayer at beginning of each day
Decision- A school cannot require students to pray; this court case upheld separation of church and state
1st Amendment

16. Schenck v. US (1919)
What Happened? Anti-WWI leader who urged men to resist the draft by passing out flyers
Decision- Free speech is limited during times of war
1st Amendment

17. Bush v. Gore (2000)
What Happened? Case over recounting votes in the state of FL
Decision- Ruled that the recount of presidential votes in FL violated the 14th Amendment; recount stopped and Bush became president