1. 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

2. 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)

3. 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

4. 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

5. 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”)

6. 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

7. 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

8. 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”

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

17. 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.