1. United States Constitution Case Law Review & Notes

2. Marbury v. Madison (1803) Constitutional Issue Can federal laws or actions be declared unconstitutional? Supreme Court Ruling YES JUCIDIAL REVIEW – the Supreme Court has the authority to review all laws and government actions

3. McCulloch v. Maryland (1819) Constitutional Issue Can states tax federal agencies? Supreme Court Ruling NO SUPREMACY CLAUSE - makes federal institutions higher than state institutions ELASTIC CLAUSE – Bank of United States is constitutional

4. Gibbons v. Ogden (1824) Constitutional Issue Who regulates trade? Supreme Court Ruling INTERSTATE COMMERCE – trade between states controlled by the federal government INTRASTATE COMMERCE – trade inside a state controlled by the state government

5. Worcester v. Georgia (1832) Constitutional Issue Can states force Native Americans to move to western reservations? Supreme Court Ruling SUPREMACY CLAUSE – only the federal government can negotiate treaties

6. Dred Scott v. Sanford (1857) Constitutional Issue Was Dred Scott (a slave) a citizen of the United States? Supreme Court Ruling Slaves were not citizens Slaves were property Slaves had no legal standing Slaves cannot be taken from owners without due process of law

7. Civil Rights Cases (1883) Constitutional Issue Can the United States Congress pass laws barring discrimination under the 13 th & 14 th Amendments? Supreme Court Ruling Congress cannot regulate discrimination by individuals in the private sector

8. Wabash, St. Louis & Pacific Railroad v. Illinois (1886) Constitutional Issue Can a state government regulate railroad prices on tracks within its’ border? Supreme Court Ruling Railroads are a form of INTERSTATE COMMERCE and can only be regulated by the United States Congress

9. United States v. E.C. Knight Co. (1895) Constitutional Issue Does the Sherman Anti- Trust Act outlaw manufacturing monopolies? Supreme Court Ruling No In this case the manufacture of sugar by the E.C Knight Co. was INTRASTATE COMMERCE and thus regulated by the state government – the federal government had no authority

10. In Re Debs (1895) Constitutional Issue Does the Federal government have the authority to stop railroad workers from striking? Supreme Court Ruling Yes Railroads are INTERSTATE COMMERCE and thus are regulated by the federal government

11. Plessy v. Ferguson (1896) Constitutional Issue Are laws segregating the races allowed and legal? Supreme Court Ruling Establishes the principle of SEPARATE BUT EQUAL

12. Northern Securities Co. v. United States (1904) Constitutional Issue Can the United States Congress regulate a holding companies’ efforts to eliminate competition? Supreme Court Ruling Yes A holding company designed to eliminate competition was an illegal monopoly or trust

13. Lochner v. New York (1905) Constitutional Issue Who can make laws regulating hours of work? Supreme Court Ruling States have the power to regulate working conditions in the area of health and safety

14. Muller v. Oregon (1908) Constitutional Issue Should there be differences in regulated work hours between men and women? Supreme Court Ruling Yes There are differences between the genders and states regulate work hours for women in order to protect them

15. Schenck v. United States (1919) Constitutional Issue What are the limits and/or restrictions on free speech and the 1 st Amendment? Supreme Court Ruling Free speech and the 1 st Amendment are not unlimited Speech was not constitutionally protected if it presented a CLEAR AND PRESENT DANGER i.e.- you cannot yell fire in a crowded theater

16. Schechter Poultry Corporation v. United States (1935) Constitutional Issue Does the President have the authority to regulate commerce during the Great Depression under the National Industrial Recovery Act? Supreme Court Ruling No The United States Congress has the power to regulate INTERSTATE COMMERCE not the President

17. Korematsu v. United States (1944) Constitutional Issue Did Executive order #9066 (Japanese Internment Camps) violate the 14 th Amendment (EQUAL PROTECTION) and the 5 th Amendment (RIGHT TO LIFE, LIBERTY& PROPRETY)? Does World War II create a special circumstance that allows these rights to be suspended? Supreme Court Ruling An entire race could be labeled a “suspect classification” and their rights could be denied or suspended because of military considerations.

18. Brown v. Board of Education of Topeka Kansas (1954) Constitutional Issue Is SEPARATE BUT EQUAL from Plessy v. Ferguson constitutional? Supreme Court Ruling Rejects SEPARATE BUT EQUAL RULING in Plessy v. Ferguson Schools must be INTEGRATED

19. Watkins v. United States (1957) Constitutional Issue Does an individual have the right to refuse to answer questions from a Congressional Committee under the 5 th Amendment? Supreme Court Ruling Congressional Committees are required to uphold the Bill of Rights and must grant citizens freedom of speech. Congressional Committees are restricted to the areas of investigation delegated to the committees No witness can be made to testify on matters outside those areas.

20. Mapp v. Ohio (1961) Constitutional Issue Can the police forcible search a home? Supreme Court Ruling This is a violation of the 4 th Amendment protection from SEARCH & SEIZURE The 4 th (SEARCH & SEIZURE) & 14 th (EQUAL PROTECTION) Amendments protect individuals from unwarranted federal and state intrusion of their private property

21. Baker v. Carr (1962) Constitutional Issue Do legislative districts have to be equal in population? Supreme Court Ruling Yes Unequal districts based on population violate the 14 th Amendment right to EQUAL PROTECTION

22. Engle v. Vitale (1962) Constitutional Issue Does school prayer violate the 1 st Amendment? Supreme Court Ruling YES School prayer violates the 1 st Amendment guarantee of SEPARATAION OF CHURCH AND STATE

23. Gideon v. Wainwright (1963) Constitutional Issue Do individuals accused of state crimes have the right to defense counsel? Supreme Court Ruling Yes Individuals accused of both state and federal crimes have the right to counsel under the 14 th Amendment

24. Heart of Atlanta Motel v. United States (1964) Constitutional Issue Can the US Congress require private businesses within a state to comply with the Civil Rights Act of 1964? Supreme Court Ruling Yes The commerce clause of the Constitution empowers Congress to regulate both commercial and non- commercial INTERSTATE travel

25. Miranda v. Arizona (1964) Constitutional Issue Do accused criminals have to be advised of their constitutional right to remain silent? Supreme Court Ruling The Court held that the police must inform suspects that they have the right to remain silent, that anything they say may be used against them, and that they have the right to counsel before the police may begin to question those held in custody

26. Tinker v. Des Moines (1969) Constitutional Issue Do students have a 1 st Amendment right to free speech and protest in school? Supreme Court Ruling Yes The wearing of armbands is the exercise of students’ right to free, silent, symbolic speech protected under the 1 st Amendment

27. New York Times Co. v. United States (1971) Constitutional Issue Does the President have the power to stop the publication of historical news that might have an impact on the Vietnam War? Supreme Court Ruling Noted the Supreme Court was often wrong on this issue in the past The Government’s attempt at censorship was unconstitutional

28. Roe v. Wade (1973) Constitutional Issue Do state laws banning or regulating abortion violate a women’s right to privacy or personal choice in matters of family decisions or marriage? Supreme Court Ruling States could regulate abortions only in certain circumstances Women did have a right to privacy and reproductive autonomy

29. United States v. Nixon (1974) Constitutional Issue What are the limits of executive privilege and immunity from any court demands for information and evidence? Supreme Court Ruling Presidential power is not above the law Presidential power cannot be used to protect evidence that may be used in a criminal trial

30. New Jersey v. TLO (1985) Constitutional Issue Can a school search a student and/or their possessions? Supreme Court Ruling School officials who have “reasonable suspicion” that a student has done something wrong may conduct a reasonable search of the suspicious student

31. Cruzan v. Director, Missouri Department of Health (1990) Constitutional Issue Can the state intervene to stop the termination of a life support system in a patient in a “persistent vegetative state”? Supreme Court Ruling The termination of life support systems could only take place if there was “clear and convincing” evidence that the patient was competent at the time of decision that the individual did not want artificial support to keep them alive

32. Planned Parenthood of Southeastern Pennsylvania et. al. v. Casey (1992) Constitutional Issue Do parents of minors or husbands of wives have to be notified of a women’s choice to have an abortion? Supreme Court Ruling Reaffirmed the ruling of Roe v. Wade that women have a right to privacy in choosing an abortion Specifically, most of the provisions of the Pennsylvania law were determined not to be an “undue burden” preventing access to abortion

33. Vernonia School District v. Acton (1995) Constitutional Issue Does drug testing of student athletes violate their protection against unreasonable search and seizure provided in the 4 th Amendment? Supreme Court Ruling Yes Student rights were lessened at school if it was necessary to maintain student safety and to fulfill the educational mission of the school