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SUPREME COURT CASES
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Marbury v Madison This case establishes the Supreme Court's power of judicial review. Constitutional basis: supremacy clause What say?
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McCulloch v Maryland Congress can create a national banK under the Necessary and Proper Clause. –Increases federal government power. States cannot tax federal government. –Power to tax is the power to destroy. States can’t destroy federal government.
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Gibbons V Ogden Congress controls interstate trade. Increases federal power.
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Miranda v Arizona Due process/Self- Incrimination Does the fifth amendment guarantee that the police must tell you of your rights before questioning? Must be read rights. Extended the rights of the accused.
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Plessy v. Fergeson Upheld polices of separate but equal. Later reversed in Brown v. Topeka
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Korematsu v US U.S. can detain individuals during a time of crisis without due process of law. Later apologized for action. Shows we need to follow due process even in time of national emergency.
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Brown v. Topeka Board of Education Overturned Plessy Required integration in public schools Ended segregation in public schools. Example of flexibility and interpretation of the constitution.
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Mapp v Ohio Establishes the exclusionary rule. Evidence found illegally without a search warrant or probable cause is not admissable during the trial.
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Gideon v Wainwright Right to an attorney. Increases rights of the accused. Protects due process of law. Incorporates 6 th amendment to states using 14 th
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Reynolds v. Sims Required legislative districts to be equal in population Established one-man, one-vote principle
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In Re Gualt Due process must still be followed in juvenile cases. The due process is different than that of adults but it must be followed.
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Tinker v. Des Moines Students have freedom of expression as long as it does not interfer with the learning process.
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Roe v. Wade Court ruled that the woman’s right to an abortion is protected by her right to privacy and the fourteenth amendment. A woman’s right to an abortion is unlimited in the first trimester.
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Texas v Johnson Burning the flag is guaranteed as a freedom of expression Protects freedom of expression under the first amendment.
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N.J. v. T.L.O Permits school officials to search students and their materials without a search warrant
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Furman v Georgia Declared the process for determining who gets the death penalty to be unconstitutional. It did not say the death penalty was unconstitutional; It required states to set up a due process for determining who would be eligible for it.
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Bakke v. Regents of California Reverse discrimination is not permitted Colleges can’t use race as the only determining factor in admissions
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Bethel v. Frasier Case upheld limiting a student’s freedom of speech if speech is lewd or offensive by community standards
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Hazelwood v. Kuhlmeier Upheld the right of educators to limit what can be published in the school newspaper
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Engel v. Vitale Struck down prayer in school. No state led, mandatory prayer in school.
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Swann v. Charlotte Mecklenburg Said no rigid guidelines could be established concerning BUSING of students to integrate schools
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Heart of Atlanta v. U.S. Prohibited racial discrimination by businesses on the interstate commerce clause
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US v Nixon President does not have complete executive privilege. Can’t claim executive privilege when covering up a crime. Watergate issue.
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The Leandro Case Students of North Carolina have the right to a quality education Does not require equal funding by each educational administration
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Mann v. N.C. Slaveholders couldn’t be punished for beating their slaves as slaves were considered property Issue is state authority.
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Schenck v. U.S. Established the “clear and present danger” rule; Upheld conviction of WWI protester: 1 st amendment issue
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