1. SUPREME COURT CASES
(homework: Please do Units 4 & 5 PRETESTS in Review Book)
COME UP WITH TWO SPECIFIC QUESTIONS FOR EACH UNIT

2. HW: hand in Review Test Supreme Court Review Tonight:
Units 4 & 5 pretests in review book
COME UP WITH TWO SPECIFIC QUESTIONS FOR EACH UNIT

3. The Big 10: 1803- Marbury v. Madison 1832- Worcester v. Georgia
1857- Dred Scott v. Sanford
1896- Plessy v Ferguson
(1954- Brown v Board of Education)
1919- Schenck v. US
1944- Korematsu v. US
1963- Gideon v. /Wainwright
1966- Miranda v. Arizona
1974- US v. Nixon

4. Chief Justice JOHN MARSHALL- 1801-1835
HIS DECISIONS STRENGTHEN THE POWER OF THE FEDERAL GOVERNMENT
Gibbons v. Ogden 1824
Power of FEDERAL GOV’T in interstate commerce
McCullough v. Maryland 1819
States can’t tax the federal government
Okays National Bank (elastic clause)
Marbury v. Madison-1803
Establishes JUDICIAL REVIEW- Sup. Ct. declares a law unconstitutional
Strengthens power of judicial branch

5. Worcester v. Georgia- 1832 Cherokee WIN case against Georgia but…
Andrew Jackson defies ruling with Indian Removal Policy

6. Dred Scott vs. Sanford (1857)
Part of controversy over SPREAD of slavery before Civil War
Says Fed. Gov’t cannot ban slavery in territories
Says African Americans are not citizens (overturned by 14th Amendment

7. ****Plessy v. Ferguson (1896)
Establishes “separate but equal”- SEGREGATION IS CONSTITUTIONAL
Overturned by Brown v. Board of Education 1954

8. GUILDED AGE COURT CASES (LATE 1800S)
During this time, cases tend to be PRO-BIG BUSINESS, anti- union
Wabash, St. Louis & Pacific RR v. Illinois 1886
states can’t regulate trade, only Congress
US v. EC Knight- failed anti- Trust suit 1895
In Re Debs- okay for gov’t halting a strike 1895

9. Northern Securities Co. vs. US (1908)
TR’s trust-busting works
(New Era- Progressive Era- Supreme Court “friendlier to workers, enable gov’t to regulate more)

10. War time- civil liberties limited
Schenck v. US (1919) WORLD WAR I
Limits free speech during time of war
“clear and present danger”
Korematsu v. US (1944) WORLD WAR 2
Japanese internment camps

11. Supreme Court versus the New Deal
Schechter Poultry Corporation v. US 1935 (sick chickens)
Part of Nat’l Ind. Recovery Act unconstitutional
FDR- “Court packing plan” NOT passed by Congress

12. Supreme Court Justice Earl Warren- 1954- 1969
VERY influential court in expanding civil right and criminal rights
Civil Rights
Brown v. Board ends “separate but equal”
Heart of Atlanta Hotel v. US no segregation in private facilities (upholds Civil Rights Act)
Criminal Rights
Mapp v. Ohio evidence found without a search warrant cannot be used in Court
Gideon v. Wainwright states must provides defense attorneys for all criminal cases
Miranda v. Arizona those accused of crimes must be mad aware of their rights before questioning
(“You have the right to remain silent…)

13. Roe v. Wade- 1973
“right to privacy”- states cannot outlaw abortions

14. Supreme Court and Schools
62- Engel v. Vitale- no prayer in public school
69- Tinker v. Des Moines: “rights not checked at schoolhouse doors”
Can wear black armbands to protest war (freedom of speech)
85- New Jersey v. T.L.O.: kids can be searched if “reasonable grounds” (not probable cause)
95- Vernonia v. Acton- drug testing athletes okay

15. Nixon, Vietnam and the Supreme Court
New York Times vs. US FREEDOM OF PRESS
Freedom of press (gov’t could not stop them from publishing Pentagon Papers)
US vs. Nixon
Nixon forced to hand over Watergate tapes
Lessens “executive priviledge”

16. Which idea is illustrated by the Supreme Court cases Schenck v
Which idea is illustrated by the Supreme Court cases Schenck v. United States and Korematsu v . United States?
The free speech rights of Communists have often been violated.
During wartime, limitations on civil rights have been upheld by judicial action.
The rights of protestors have been preserved even in times of national stress.
Economic interests of foreign nations are frequently upheld in United States courts.

17. The Dred Scott decision on the issue of slavery upheld the Southern viewpoint that
the power of the Supreme Court does not extend to cases of race
Congress could not pass a law depriving territorial residents of their property
a national vote should be held to decide the legality of slavery
the economic well-being of the western states depended on slave labor

18. The decisions of the United States Supreme Court in Miranda v
The decisions of the United States Supreme Court in Miranda v. Arizona, Gideon v. Wainwright, and Escobedo v. Illinois all advanced the
voting rights of minorities
guarantees of free speech and press
principle of separation of church and state
rights of accused persons

19. some aspects of the New Deal were declared unconstitutional
An immediate result of the Supreme Court decision in Schechter Poultry Corporation v. United States (1935) and United States v. Butler (1936) was that
some aspects of the New Deal were declared unconstitutional
State governments took over relief agencies
) Congress was forced to abandon efforts to improve the economy
the constitutional authority of the President was greatly expanded

20. Under Chief Justice Earl Warren, the Supreme Court was considered "activist" because of its
reluctance to overturn state laws
insistence on restricting freedom of speech to spoken words
expansion of individual rights in criminal cases
refusal to reconsider the issues of the Plessy v. Ferguson case

21. free speech and governmental authority
The "clear and present danger" ruling of the Supreme Court in Schenck v. United States illustrates the continuing conflict between
free speech and governmental authority
the use of search warrants and the rights of the accused
state powers and Federal powers
religious freedom and separation of church and state

22. The significance of the Supreme Court case Marbury v
The significance of the Supreme Court case Marbury v. Madison is that the decision
advanced civil rights for minorities
upheld the constitutionality of a national bank
limited Presidential control of foreign policy
established the power of judicial review

23. The system of slavery was weakened.
What was the result of many of the Supreme Court decisions made under Chief Justice John Marshall between 1801 and 1835?
The system of slavery was weakened.
The federal government was strengthened.
The rights of workers were supported.
Antitrust laws were upheld.

24. As a result of the Supreme Court ruling in Miranda v
As a result of the Supreme Court ruling in Miranda v. Arizona (1966), a person accused of a crime is entitled to
a speedy trial
reasonable bail
a reading of his or her rights at the time of arrest
protection against cruel or unusual punishment

25. The Supreme Court decisions in Gideon v
The Supreme Court decisions in Gideon v. Wainwright (1963) and Miranda v. Arizona (1966) have been criticized because these rulings
expanded the rights of the accused
granted more powers to federal judges
lengthened prison sentences for the guilty
reinstated the use of capital punishment

26. freedom of religion freedom of the press the right to bear arms
The case of John Peter Zenger (1735) and New York Times Co. v. United States (1971) both involved a government’s attempt to limit
freedom of religion
freedom of the press
the right to bear arms
the right to counsel

27. the rights of students in school freedom of religion
The Supreme Court cases of Tinker v. Des Moines and New Jersey v. TLO involved the issue of
freedom of the press
the rights of students in school
freedom of religion
the rights of prison inmates

28. meaning of a republican form of government
The decisions of the United States Supreme Court in Tinker v. Des Moines and New York Times Co. v. United States were based on interpretations of the
meaning of a republican form of government
powers delegated specifically to Congress
president’s right to executive privilege
rights guaranteed by the 1st amendment

29. protection of property rights freedom of speech right to privacy
The Supreme Court decision in Roe v. Wade (1973) was based on the constitutional principle of
protection of property rights
freedom of speech
right to privacy
freedom of religion

30. Court cases against unions (pro big business, “laissez faire in late 1800s)
Wabash, St. Louis & Pacific RR v. Illinois 1886
(states can’t regulate trade, only Congress)
US v. EC Knight- failed anti- Trust suit 1895
In Re Debs- Gov’t halts a strike 1895 with a federal injunction

31. Northern Securities Co. v. US
Teddy Roosevelt “trust busting case”
Progressive era
Sherman anti-Trust law works

32. War time civil liberties limited
***Schenck v. US (1919)***
Limits free speech during time of war
“clear and present danger”
****Korematsu v. US (1944)
Japanese internment camps

33. Schechter v. US
Part of New Deal (NIRA) knocked down (FDR vs. Supreme Court)

34. Rights of accused ****Gideon v. Wainwright- right to attorney
****Miranda v. Arizona- must inform accused of their rights

35. Schools: 62- Engel v. Vitale- no prayer in public school
69- Tinker v. Des Moines: “rights not checked at schoolhouse doors”
Can wear black armbands to protest war
85- New Jersey v. T.L.O.: kids can be searched if “reasonable grounds” (not probable cause)
95- Vernonia v. Acton- drug testing athletes okay

36. Roe V. Wade
States cannot ban abortion
“right to privacy”

37. New York Times vs. US
Freedom of press (gov’t could not stop them from publishing Pentagon Papers)

38. US vs. Nixon
Nixon forced to hand over Watergate tapes