1. SUPREME COURT CASES Marbury v. Madison (1803) Marbury v. Madison (1803) Marbury v. Madison (1803) Marbury v. Madison (1803) McCulloch v. Maryland (1819) McCulloch v. Maryland (1819) McCulloch v. Maryland (1819) McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) Gibbons v. Ogden (1824) Gibbons v. Ogden (1824) Gibbons v. Ogden (1824) Dred Scott v. Sanford (1857) Dred Scott v. Sanford (1857) Dred Scott v. Sanford (1857) Dred Scott v. Sanford (1857) Plessy v. Ferguson (1896) Plessy v. Ferguson (1896) Plessy v. Ferguson (1896) Plessy v. Ferguson (1896) Muller v. Oregon (1906) Muller v. Oregon (1906) Muller v. Oregon (1906) Muller v. Oregon (1906) Schenck v. United States (1919) Schenck v. United States (1919) Schenck v. United States (1919) Schenck v. United States (1919) Korematsu v. United States (1944) Korematsu v. United States (1944) Korematsu v. United States (1944) Korematsu v. United States (1944) Brown v. Board of Education (1954) Brown v. Board of Education (1954) Brown v. Board of Education (1954) Brown v. Board of Education (1954) Mapp v. Ohio (1961) Mapp v. Ohio (1961) Mapp v. Ohio (1961) Mapp v. Ohio (1961) Engel v. Vitale (1962) Engel v. Vitale (1962) Engel v. Vitale (1962) Engel v. Vitale (1962) Gideon v. Wainwright (1963) Gideon v. Wainwright (1963) Gideon v. Wainwright (1963) Gideon v. Wainwright (1963) Escobedo v. Illinois (1964) Escobedo v. Illinois (1964) Escobedo v. Illinois (1964) Escobedo v. Illinois (1964) Heart of Atlanta Motel v US (1964) Heart of Atlanta Motel v US (1964) Heart of Atlanta Motel v US (1964) Heart of Atlanta Motel v US (1964) Reynolds v. Sims (1964) Reynolds v. Sims (1964) Reynolds v. Sims (1964) Reynolds v. Sims (1964) Miranda v. Arizona (1966) Miranda v. Arizona (1966) Miranda v. Arizona (1966) Miranda v. Arizona (1966) In re Gault (1967) In re Gault (1967) Tinker v. Des Moines (1969) Tinker v. Des Moines (1969) NY Times v. United States (1971) NY Times v. United States (1971) Swann v Charlotte Mecklenburg (1971) Swann v Charlotte Mecklenburg (1971) Furman v Georgia (1972) Furman v Georgia (1972) Roe v. Wade (1973) Roe v. Wade (1973) United States v. Nixon (1974) United States v. Nixon (1974) Gregg v Georgia (1976) Gregg v Georgia (1976) Regents of the University of California v. Bakke (1978) Regents of the University of California v. Bakke (1978) New Jersey v. T.L.O (1985) New Jersey v. T.L.O (1985) Bethel School District v Fraser (1986) Bethel School District v Fraser (1986) Hazelwood School District v. Kuhlmeier (1988) Hazelwood School District v. Kuhlmeier (1988) Texas v. Johnson (1989) Texas v. Johnson (1989) Webster v. Reproductive Health Services (1989) Webster v. Reproductive Health Services (1989)

2. Marbury v Madison (1803) Issue: Separation of Power Court Case: Marbury sued Madison because he did not receive commission to be a justice of the peace. Marbury asked the Supreme Court to issue an order to force Madison to give him his commission. Court Ruling: Against Marbury –. Ruled a portion of the Judiciary Act of 1789 unconstitutional. 1 st act of Congress to be declared unconstitutional. Precedent: established judicial review – power of the court to decide whether actions of Congress are constitutional.

3. McCulloch v Maryland (1819) McCulloch v. Maryland (1819) Issue: Federalism (State v. Federal Government) Court Case: McCulloch was a branch manager for the Bank of the United States. Refused to pay a tax to the state of Maryland and was arrested. He appealed conviction on the grounds that a state could not tax the federal government. Court Ruling: In favor of McCulloch. Precedent: States cannot tax the federal government.

4. Gibbons v Ogden (1824) Issue: Federalism & Interstate Commerce Court Case: Ogden was given an exclusive charter for a ferry boat off the coast of New York state and New Jersey by the NY state government. Gibbons was given a charter by the US government to operate a ferry boat in the same waters. Court Ruling: In favor of Gibbons. Commerce Clause gives Congress the power to regulate interstate commerce. Federal government over state. Precedent: Congress/Federal Government regulates interstate commerce

5. Dred Scott v Sanford (1857) Issue: 5 th Amendment, Slavery, Missouri Compromise of 1820 Court Case: Dred Scott sued his owner Sanford because he had been taken into free territory. Scott thought that due to the Missouri Compromise Line which made slavery illegal in certain areas of the country, he had become free. Court Ruling: Court ruled in favor of Sanford. 1) Slaves were considered property, thus did not have the right to sue in court. 2) Would deprive owner of 5 th Amendment due process rights if he were stripped of property. Precedent: Missouri Compromise was ruled unconstitutional, slaves could not sue for freedom.

6. Plessy v Ferguson (1896) Issue: 14 th Amendment (Equal Protection) Court Case: Herman Plessy, 1/8 black, challenged a Louisiana law that mandated separate railroad cars for blacks and whites. Plessy sat on a car designated to whites and was arrested. Court Decision: In favor of Louisiana law. Was not ruled a violation of the 14 th Amendment, equal protection clause. Precedent: Separate but equal constitutional. Led to an increase of segregation particularly in southern states.

7. Muller v Oregon (1906) Issue: 14 th Amendment (Equal Protection) Court Case: Muller was arrested for violating an Oregon law that reduced women to a 10 hour work day. Muller was contracting women to work in excess of 10 hours a day. Muller felt that the law violated the 14 th Amendment, the freedom of contract. Court Ruling: Due to medical information proving the need to protect women, and the harmful effects labor can have on child-bearing, the Court ruled in favor of the Oregon law. Precedent: States may pass laws to protect certain groups if they can prove benefit to society.

8. Schenck v US (1919) Issue: 1 st Amendment – Times of War Court Case: Schenck circulated a flyer during World War I urging people to dodge the draft. Citing the draft as a violation of the 13 th Amendment (involuntary servitude). Schenck was arrested under terms of the Espionage Act of 1917. Schenck appealed conviction on grounds that his 1 st Amendment right had been violated. Court Ruling: In favor of the United States. Urging citizens to break the law, and posed a threat to security of the nation if successful (clear and present danger). Precedent: 1 st Amendment rights, as well as others can be limited during times of war.

9. Korematsu v US (1944) Issue: 5 th & 14 th Amendment – Times of War Court Case: During World War II, the US military issued an order to place Japanes Americans in internment camps. Korematsu sued the US government on the grounds that it was a violation of 5 th Amendment due process, and the 14 th Amendment. Court Ruling: In favor of the United States government. Precedent: During times of war, certain group’s rights can be limited. (Clear & Present Danger Rule)

10. Brown v Board of Education (1954) Issue: 14 th Amendment – Equal Protection (Separate but Equal) Court Case: Brown sued the Board of Education of Topeka, Kansas because his daughter had to walk seven blocks to catch a bus to a segregated school when there was a school within six blocks of her house. This was part of a class action suit against the Board of Education. Court Ruling: The court ruled separate educational facilities were inherently unequal. The ruling in this case led to the beginning of the Civil Rights Movement, and began the end of segregation. Overturned the decision in Plessy v. Ferguson. Precedent: Separate but Equal is unconstitutional.

11. Mapp v Ohio (1961) Mapp v. Ohio (1961) Issue: 4 th Amendment (Search & Seizure) Court Case: Police in Cleveland, Ohio believed a fugitive was being kept by Mapp in her home. The police came to her house demanding entrance, Mapp refused because they did not have a warrant. Later police came back, broke into her home, and produced a fake warrant. They did not find the fugitive, but did find pornographic materials. She was arrested and convicted. Mapp appealed the decision as a violation of the 4 th Amendment. Court Ruling: The court ruled in favor of Mapp. Precedent: Illegal evidence cannot be used in court.

12. Engel v Vitale (1962) Issue: 1 st Amendment – Freedom of Religion/Separation of Church and State Court Case: Students in New York State were reciting a prayer to begin the school day. Even though students were not required to recite the prayer, parents felt this was a violation of the 1 st Amendment. Court Ruling: The court ruled that this was a violation of the establishment clause because it was a prayer, and it was being recited in a public school. Precedent: School prayer is unconstitutional.

13. Gideon v Wainwright (1963) Issue: 6 th Amendment, 14 th Amendment Court Case: Gideon was arrested for burglary of a Florida pool hall. He appeared in court and asked that an attorney be appointed to him. The court denied the request on the grounds that under Florida law, only a person accused of a capital crime received a court appointed attorney. Court Decision: The court ruled in favor of Gideon, stating that Florida had violated the 6 th Amendment and 14 th Amendment, equal protection clause. Precedent: Indigent defendants (cannot afford an attorney) must be provided counsel in all felony cases.

14. Escobedo v Illinois (1964) Issue: 5 th & 6 th Amendment Court Case: Escobedo and another man, Benedict DiGerlando were interrogated by police in connection with a murder. DiGerlando told police that Escobedo committed the murder. During the interrogation, Escobedo asked to have an attorney, and his attorney asked to speak with Escobedo, the police denied both claims. Eventually Escobedo was able to confront DiGerlando, and told police that it was DiGerlando who committed the murder, by doing so he admitted to being an accomplice and was convicted. He appealed the conviction because he was denied the right to speak with his attorney. Court Ruling: In favor of Escobedo. Precedent: Illegal confessions cannot be used in court.

15. Heart of Atlanta Motel v US (1964) Issue: 5 th Amendment, Interstate Commerce, & Segregation Court Case: The Heart of Atlanta Motel sued the US government over the Constitutionality of the Civil Rights Act of 1964. The Heart of Atlanta Motel wanted to continue not allowing Blacks to stay at the Motel. Court Ruling: The court ruled in favor of the US and the Civil Rights Act of 1964. The court ruled that the interstate commerce clause allowed the US to ban the motel’s discriminatory practice due to the fact that more than ½ of the motel’s business came from out of state. Precedent: Allowed the Federal Government to stop discrimination through use of the interstate commerce clause.

16. Reynolds v Sims (1964) Issue: 14 th Amendment, Federalism, Representative Democracy Court Case: Reynolds was challenging the redistricting lines drawn by the Alabama Legislature. The lines ignored population, and were based on geographic measures. Thus larger urban/suburban areas were underrepresented. Court Ruling: The Alabama Legislature had violated the Constitutional Principle of a representative democracy. Court stated that government represents people, not land or trees, thus legislative districts must be roughly equal in terms of population. Precedent: One person = One Vote. State Legislative Districts must be based on population.

17. Miranda v Arizona (1966) Issue: 5 th & 6 th Amendment Court Case: Ernesto Miranda was arrested for kidnapping and rape. Miranda confessed to the crime, but was not told of his Constitutional rights prior to the interrogation. Miranda appealed the conviction on the grounds that the police had violated his rights by not informing him. Court Ruling: In favor of Miranda. The police had violated his rights. Police are required to read the “Miranda Warnings”. Tell suspects of their right to remain silent, to have an attorney, etc… Precedent: Police must inform suspects of their 5 th & 6 th Amendment rights prior to questioning.

18. In re Gault (1967) Issue: 5 th, 6 th, & 14 th Amendments (Juvenile Rights) Court Case: Gerald Gault (15 yrs. old) was taken into custody for prank calling neighbor. Taken to juvenile detention center, eventually being sentenced to remain there until he was 18 years old. Court Ruling: Ruled in favor of Gault overturning the Arizona courts. Court ruled that Arizona had violated his 14 th Amendment rights to equal protection by not allowing him various 5 th & 6 th Amendment rights. Precedent: Juveniles have many of the same due process rights as adults in court.

19. Tinker v Des Moines (1969) Issue: 1 st Amendment – Freedom of Speech/Expression Court Case: Three students wore armbands with a peace sign on them to school as a form of protest against the escalating violence in Vietnam. The students were told to remove the armbands, they refused, and were suspended from school until they returned without the armbands. The parents filed a lawsuit against the school system for this action stating that it violated the 1 st Amendment. Court Ruling: The court ruled in favor of the students. The court stated that schools could establish dress codes, but neede3d to show that a reasonable disruption is being caused to the learning environment to ban items. In this case, the school could not show this. Precedent: Schools must show a reasonable disruption to learning environment. Upheld 1 st Amendment rights of students.

20. NY Times v US (1971) Issue: 1 st Amendment (Freedom of the Press) Court Case: During US involvement in Vietnam, the Pentagon put together a paper which outlined US decision-making in Vietnam. This classified document was leaked to the NY Times and the Washington Post. The NY Times began publishing the findings, but the government filed an injunction to stop the paper from printing. The NY Times sued on the grounds that it violated the 1 st Amendment. Court Ruling: The court ruled in favor of the NY Times. The court state that it was the right of the paper to print this material because they had received the information legally. Precedent: Prior restraint is unconstitutional. Government must be able to prove a “clear and present danger”.

21. Swann v Charlotte Mecklenburg (1971) Issue: 14 th Amendment – School Segregation & Busing Court Case: Charlotte-Mecklenburg Schools were being sued over the plan to desegregate schools. Court Ruling: The court set up a plan for desegregating schools which could include busing. School systems had to show an effort to desegregate schools. Precedent: Federal government had the authority to mandate desegregation of public schools under the Civil Rights Act of 1964.

22. Furman v Georgia (1972) Issue: 8 th & 14 th Amendment (Death Penalty) Court Case: William Furman was burglarizing a house when the victim woke up. Furman shot the victim, but said it was an accident. Because he was committing a felony and committed murder, the State of Georgia sentenced him to death. Court Ruling: Furman appealed his sentence because he thought it was a violation of the 8 th Amendment against cruel & unusual punishment. Court ruled in favor of Furman overturning the death penalty. Precedent: Death penalty ruled cruel & unusual punishment. Capital punishment must be specifically identified by the law.

23. Roe v Wade (1973) Issue: 9 th & 14 th Amendment Court Case: Texas law did not allow women to have abortion unless advised by a doctor because woman’s life was in jeopardy. “Jane Roe” class action lawsuit questioned the constitutionality of the law. Court Ruling: The court ruled in favor of Roe. Stated that states cannot pass laws banning abortion during the 1 st trimester (3 months). Precedent: States cannot ban abortion during the 1 st trimester.

24. US v Nixon (1974) Issue: Separation of Power – Checks & Balances Court Case: During the presidential election of 1972, a group of members of C.R.E.E.P. broke into DNC headquarters. During investigation, President Nixon was linked to the group, and a court issued a subpoena for Nixon to turn over audiotapes of White House proceedings. Nixon refused citing executive privilege. Court Ruling: Does executive privilege exist? Yes What is its definition? President can keep information if it is a matter of national security. In this case, executive privilege did not apply. Nixon eventually resigned from office. Precedent: Executive Privilege exists, must show national security.

25. Gregg v Georgia (1976) Issue: 8 th & 14 th Amendments (Cruel & Unusual Punishment) Court Case: Troy Leon Gregg and another hitchhiker committed murder and armed robbery. He was sentenced to death in Georgia, and appealed the conviction on the grounds that it violated the 8 th Amendment. Court Ruling: The court ruled against Gregg, stating the Georgia law did not violate the 8 th Amendment. Precedent: Capital punishment is upheld as a punishment for certain types of crime.

26. Regents of U Cal v Bakke (1978) Issue: 14 th Amendment (Equal Protection) Court Case: Bakke applied for admission to the University of California at Davis Medical School. The school admitted 100 students per year. 84 spots were open to all people, 16 were for minorities, or economically disadvantaged people. (Affirmative Action) Bakke (white) was denied admission, but was more qualified than many of the 16 minority applicants. Bakee sued because of the school’s admission policy. Court Ruling: In favor of Bakke. Precedent: Affirmative Action cases would be decided on a case by case basis.

27. New Jersey v T.L.O. (1985) Issue: 4 th Amendment (Search & Seizure) Court Case: T.L.O. was accused of smoking in the bathroom at a high school. She denied and her purse was searched. School officials found cigarettes, rolling papers, marijuana, numerous $1 bills, and a list of students who owed her money. T.L.O. appealed her expulsion on the grounds that her 4 th Amendment rights had been violated. Court Decision: The court ruled in favor of the school. The court stated that the need to keep guns and drugs out of school created a situation that school officials should be given greater lattitude in searches. Precedent: Reasonable Suspicion Rule for school searches. Limited the 4 th Amendment rights of students.

28. Bethel School District v Fraser (1986) Issue: 1 st Amendment (Freedom of Speech in School) Court Case: Matthew Fraser gave a speech endorsing a fellow student for an elected office. During the speech he made comments using an explicit sexual metaphor. He was suspended for three days, and denied the right to speak at graduation. Court Ruling: Fraser appealed the ruling as a violation of his 1 st Amendment Rights. The court ruled in favor of the school, and the right to ban certain speech. Precedent: 1 st Amendment rights to freedom of speech can be limited if school can show a reasonable disruption to the learning environment.

29. Hazelwood School District v Kuhlmeier (1988) Issue: 1 st Amendment (Freedom of the Press) Court Case: A group of former high school students filed suit against a principal and school system because the principal had deleted an article about teenage pregnancy and divorce from the school newspaper. Court Decision: The court ruled in favor of the principal. The principal has the right to edit the newspaper, and delete materials that he/she is inappropriate to maintain the educational environment. Precedent: 1 st Amendment rights of students limited.

30. Texas v Johnson (1989) Issue: 1 st Amendment & Flag Burning Court Case: In 1984 the Republican Party held the National Convention in Dallas, Texas. Many groups staged protests. As a part of the protests, Johnson set fire to an American Flag, and was arrested s Texas had a law banning the burning of the Texas State Flag, and the US Flag. Johnson appealed on the grounds that the law violated his 1 st Amendment rights. Court Ruling: In favor of Johnson. As a result, some groups would like to add a Constitutional Amendment to ban flag burning as a form of protest. Precedent: Flag burning protected by the 1 st Amendment.

31. Webster v Reproductive Health Services (1989) Issue: 9 th & 14 th Amendment Court Case: A Missouri Law banned the use of public funds, clinics, or government employed doctors from counseling or performing abortions, unless the mother’s life was in danger. The law was being questioned as a violation of the terms under Roe v. Wade. Court Ruling: The court ruled in favor of the Missouri Law, stating that states do not have to provide money to perform abortions. Precedent: States do not have to fund abortions.