1. Supreme Court Cases

2. Marbury vs. Madison 1803  Established the power of Judicial Review  Declared part of the Judiciary Act of 1789 unconstitutional, because it gave the Supreme Court original jurisdiction by allowing them to issue a “Writ of Mandamous” to government officials.  The Constitution specifies those instances in which the Supreme Court has original jurisdiction in Article III.

3. McCulloch vs. Maryland 1819  Established the supremacy of the national government.  Declared a Maryland law unconstitutional because it taxed the federal government, the National Bank.  The states cannot tax the Federal Government, because “the power to tax implies the power to destroy.”

4. Gibbons vs. Ogden 1824  Supremacy of the national government in its ability to regulate INTER-state commerce.  Ogden had a license from New York, that gave him exclusive rights to operate steamboats to and from New York.  Gibbons had a federal “coasting license”  Since Gibbons operated a ferry from New Jersey to New York, it fell within the power of the federal government, not the state of New York, to regulate his ferry boat service.

5. Gideon vs. Wainwright 1963  Right of the accused to have a lawyer  Mr. Gideon was charged with breaking and entering, and theft. He asked that a lawyer be appointed to him because he could not afford one. A Florida law only allowed for persons convicted of a capital offense to be appointed a lawyer.  The Supreme Court ruled that this violated the 6 th amendment by penalizing poor people who could not afford the “right to counsel”, and the 14 th guaranteeing everyone “due process”. “Due process” includes the right to a lawyer.

6. Miranda vs. Arizona 1966  Right of the accused to not “be a witness against himself.”  Mr. Miranda was accused of rape. He was told that the victim had identified him in a police line up, (she had not). He made a signed confession because he was told that doing so would make the court go easier on him. He later argued that he was unaware that he had the right to remain silent.  The Supreme Court ruled that persons must be told that they have the right to “remain silent” when they are taken into custody (5 th amendment), as well as their right to have an attorney present before questioning. The “Miranda” warnings are now given to ensure persons right to “due process” is protected.

7. Mapp v. Ohio, 1961  Protection against unreasonable search and seizure.  Police came to Ms. Mapp’s home because of a tip that a fugitive was hiding in her home. She refused to let them in, and called her lawyer who told her to only let them in if they had a warrant. Police then broke her door down and her they had a warrant, (they did not). They found illegal items in her home and charged her for possession of those items, no fugitive was found. She was found guilty of possession and sentenced to jail.  The Supreme court ruled that any evidence obtained illegally were inadmissible in court. All courts must now prove that any evidence was obtained through only legal means in order to be used in court (4 th amendment)

8. Plessy vs. Ferguson 1896  “Separate but Equal” = Established Segregation  A Louisianna law made it mandatory for separate coaches for white and black passangers on trains.  Mr Plessy bought a first class ticket, but because he was not white, he was told that he had to ride in the “colored” train car. He refused and was arrested and convicted for violating the law.  He argued that the 14 th amendment (right to equal treament under the law) was being violated.  The Supreme Court ruled that the 14 th amendment gauranteed political equality, but not social equality. Having laws that established separate facilities for blacks and whites was a social issue, and therefore constitutional.

9. Brown vs. Board of Ed. 1954  “Separate but Equal” = Segregation Unconstitutional  A little girl was forced to a school across town when a school was located a few blocks from her home because she was black.  The Supreme Court ruled the 14 th amendment DID guarantee equality social and political in the law, and that “separate but equal” had no place in our government.  This decision overturned Plessey vs. Ferguson

10. Regents of California v. Bakke, 1978  Issue: School admissions School admissions  Amendment: 14 th, executive order for affirmative action 14 th, executive order for affirmative action  Rights: Equal protection under the law, affirmative action Equal protection under the law, affirmative action  Precedent: Race cannot be the only factor in determining admissions. Race cannot be the only factor in determining admissions.  Lasting effects:

11. Korematsu v. United States, 1944  Issue: Discrimination Discrimination  Amendment: 14th 14th  Rights: Equal protection under the law Equal protection under the law  Precedent: Can limit your rights in time of war Can limit your rights in time of war  Lasting effects:

12. Heart of Atlanta Motel v. U.S., 1964  Issue: Discrimination Discrimination  Amendment: 14th 14th  Rights: Equal protection under the law Equal protection under the law  Precedent: Banned discrimination in all places Banned discrimination in all places  Lasting effects: Declares the civil rights act as constitutional. Declares the civil rights act as constitutional.

13. Swann v. Charlotte/Mecklenburg Schools, 1969  Issue: Bussing vs. Freedom of Choice Bussing vs. Freedom of Choice  Amendment: 14th 14th  Rights: Equal protection under the law Equal protection under the law  Precedent: If freedom of choice for school assignments was not successful in integrating schools, then more active plans such as bussing must be used. If freedom of choice for school assignments was not successful in integrating schools, then more active plans such as bussing must be used.

14. Tinker v. Des Moines School District, 1969  Issue: Armbands Armbands  Amendment: 1st 1st  Rights: Free speech/expression Free speech/expression  Precedent: Students may express themselves as long as they do not cause a disruption. Students may express themselves as long as they do not cause a disruption.

15. New Jersey v. TLO, 1985  Issue: School officials searching students School officials searching students  Amendment: 4th 4th  Rights: Protection from unreasonable search and seizure. Protection from unreasonable search and seizure.  Precedent: School officials only require a “suspicion” in order to search a student. School officials only require a “suspicion” in order to search a student.  Lasting effects: School officials have a greater ability to ensure a proper learning environment School officials have a greater ability to ensure a proper learning environment

16. Bethel School District v. Frasier, 1986  Issue: Student speech/conduct Student speech/conduct  Amendment: 1st 1st  Rights: Freedom of speech Freedom of speech  Precedent: Schools have the right to limit student speech Schools have the right to limit student speech  Lasting effects: School officials may determine what is “vulgar and lewd” language and punish persons for using it, in order to preserve the “school’s basic educational mission.” School officials may determine what is “vulgar and lewd” language and punish persons for using it, in order to preserve the “school’s basic educational mission.”

17. Hazelwood School District v. Kuhlmeier, 1988  Issue: School newspapers School newspapers  Amendment: 1st 1st  Rights: Freedom of the press/speech Freedom of the press/speech  Precedent: Schools have editorial power over school sponsored events and publications. Schools have editorial power over school sponsored events and publications.  Lasting effects: Schools have more ability to regulate student conduct Schools have more ability to regulate student conduct

18. Texas v. Johnson, 1991  Issue: Flag burning Flag burning  Amendment: 1st 1st  Rights: Freedom of Speech (expression) Freedom of Speech (expression)  Precedent: Flag burning is a form of expression. Flag burning is a form of expression.  Lasting effects: “the government may not prohibit the expression of an idea simply because society finds the idea itself offensive.” “the government may not prohibit the expression of an idea simply because society finds the idea itself offensive.”

19. Engel v. Vitale, 1962  Issue: Prayer in School Prayer in School  Amendment: 1st 1st  Rights: Freedom of religion (shall make no law respecting an establishment of religion) Freedom of religion (shall make no law respecting an establishment of religion)  Precedent: No prayer in public schools. No prayer in public schools.  Lasting effects:

20. Furman v. Georgia, 1972  Issue: Death Penalty Death Penalty  Amendment: 8th, 14th 8th, 14th  Rights: Equal protection under the law, protection from cruel and unusual punishment. Equal protection under the law, protection from cruel and unusual punishment.  Precedent: The death penalty was unconstitutional under state law because it was not administered equally. The death penalty was unconstitutional under state law because it was not administered equally.  Lasting effects: States will change their laws in order to solve the problems presented in Furman Georgia. States will change their laws in order to solve the problems presented in Furman Georgia.

21. Gregg v. Georgia, 1976  Issue: Death Penalty Death Penalty  Amendment: 8 th, 14th 8 th, 14th  Rights: Equal protection under the law, protection from cruel and unusual punishment. Equal protection under the law, protection from cruel and unusual punishment.  Precedent: The death penalty was constitutional as long as it met certain criteria. No undue pain, proportionate to the crime committed. The death penalty was constitutional as long as it met certain criteria. No undue pain, proportionate to the crime committed.  Lasting effects: Capital punishment is able to continue. Capital punishment is able to continue.

22. The State Courts   There are generally four levels of state courts:   District Court: one per county Probable cause hearings for felony cases, all domestic relations cases, and civil cases involving amounts of $10,000 or less.   Superior Court: 39 Judicial Districts General jurisdiction trial court for the state & civil cases involving amounts over $10,000.   Court of Appeals: 12 judges sit in panels of 3 judges   State Supreme Court: Chief Justice & 6 associate justices

23. N.C. State Supreme Court  State v. Mann, 1830 Slave holder John Mann was arrested for beating and wounding an enslaved African American named Lydia. Slave holder John Mann was arrested for beating and wounding an enslaved African American named Lydia. The NC Supreme Court overturned his conviction stating that slaveholders could not be punished for attacking the enslaved The NC Supreme Court overturned his conviction stating that slaveholders could not be punished for attacking the enslaved

24. N.C. State Supreme Court  The Leandro Case The NC constitution states that the people of the state have a right to an education and that it is the duty of the state to maintain it. The NC constitution states that the people of the state have a right to an education and that it is the duty of the state to maintain it. In 1994 many “Low-Wealth” counties filed suit against the state because they had less money to spend their children were not receiving an adequate education. In 1994 many “Low-Wealth” counties filed suit against the state because they had less money to spend their children were not receiving an adequate education. The NC Supreme Court ruled that the constitution does not require equal funding The NC Supreme Court ruled that the constitution does not require equal funding