1. Landmark Supreme Court Cases

2. Marbury v. Madison (1803) Question – Does the Supreme Court have the authority to declare laws passed by Congress unconstitutional? Ruling – Yes. Established the power of “______________________ ___________________”

3. McCulloch v. Maryland Questions – 1. Did Congress overstep its powers by creating a national bank? 2. Do states have the right to pass laws that interfere with federal laws. (i.e. taxing the bank) Rulings – 1. No. Congress has powers beyond those listed in the Constitution found in the ____________________ Clause. 2. No. State laws may not violate federal laws as described in the ______________________ Clause.

4. Gibbons v. Ogden Question – Do states have the power to regulate trade between themselves and other states? Ruling – No, only _______________ has the power to regulate ________________ trade. This is found in Article ____ in the __________________ Clause.

5. Dred Scott v. Sanford (1857) Question: If a slave lived in a “free” state for a period of time, does this make him free even if he returns to a slave state? Question: If a slave lived in a “free” state for a period of time, does this make him free even if he returns to a slave state? Ruling: a state cannot deprive one (slaveowner) of his property (Dred Scott, slave) without “due process” (____ Amendment). Ruling: a state cannot deprive one (slaveowner) of his property (Dred Scott, slave) without “due process” (____ Amendment).

6. Plessy v. Ferguson Question – Are separate facilities for blacks and whites constitutional? Ruling – Yes, facilities can be separate, as long as they are provided for both races.  “______________________________ ” doctrine.

7. Brown v. Board of Education Question – Does segregation based on race deprive citizens of their right to “equal protection under the law?” Ruling – Yes. Racial segregation it implies __________________ and is therefore unconstitutional the context of public education. Based on the ________________________ Clause of the ________ Amendment.

8. Heart of Atlanta Motel v. US Question – Do businesses have the right to choose their own customers without governmental regulation? Ruling – No. The ___________________ allows Congress to regulate businesses directly related to the flow of interstate goods and people.

9. Furman v. Georgia (1972) Question – Does carrying out the death penalty in cases of rape and murder in this case constitute “cruel and unusual punishment” (8 th Amendment) Ruling – ________, in this case it violated the Constitution. As a result, the death penalty was found unconstitutional for a period of years.

10. Gregg v. Georgia (1976) Question – Does the death penalty constitute “cruel and unusual punishment”? Ruling – The death penalty is an expression of society’s “moral outrage” at certain crimes and if sentenced in an “____________ _______________”, it is not considered a violation of the ______ Amendment. Overturned decision in Furman v. Georgia.

11. Regents of California v. Bakke Question – Are college admission policies that give preferential treatment to minorities unconstitutional? Ruling – It depends. The use of race as a criterion in admissions decisions in higher education is constitutional (_________________), but the use of ______________ is not.

12. Korematsu v. US Question – Did the President and Congress violate the Constitution by restricting the rights of Japanese Americans? Ruling – No. Such actions are justified during times of “____________________.” The President is granted this power as a result of “___________ ____________” granted in Article ____ of the Constitution.

13. Gideon v. Wainwright Question – Are state courts required to provide ________________ (lawyers) in criminal cases for defendants who are unable to afford their own attorneys. Ruling – Yes, under the __________________ ALL citizens have a right to a lawyer, even in state courts AND if they are too poor to afford one.

14. New Jersey vs. T.L.O. (1984) Question – Do schools have a right to search students’ property without a warrant if student is suspected of breaking a law? Question – Do schools have a right to search students’ property without a warrant if student is suspected of breaking a law? Ruling – Yes, under the ____ Amendment (_____________________________), this case was found a “reasonable” use of force. Ruling – Yes, under the ____ Amendment (_____________________________), this case was found a “reasonable” use of force. Schools need a reasonable suspicion, however. Schools need a reasonable suspicion, however.

15. Tinker v. Des Moines (1969) Question – Is a suspension for war protest a violation of 1 st Amendment right to free speech? Question – Is a suspension for war protest a violation of 1 st Amendment right to free speech? Ruling – Protest that “____________ _____________” in school IS protected under the 1 st Amendment. Ruling – Protest that “____________ _____________” in school IS protected under the 1 st Amendment. “it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech at the schoolhouse gate.”

16. Bethel School District v. Frasier Question – Is a suspension for lewd speech a violation of a student’s First Amendment right to free speech? Question – Is a suspension for lewd speech a violation of a student’s First Amendment right to free speech? Ruling – Certain styles of speech (sexually vulgar) ______________ on other student’s right to learn and school’s right to ___________ this speech is not a violation of the 1 st Amendment Ruling – Certain styles of speech (sexually vulgar) ______________ on other student’s right to learn and school’s right to ___________ this speech is not a violation of the 1 st Amendment

17. Hazelwood School District v. Kuhlmeir (1988) Question – Does censorship of school run papers violate student’s 1 st Amendment rights? Question – Does censorship of school run papers violate student’s 1 st Amendment rights? Ruling – The U.S. Supreme Court held for the first time that public school officials may impose __________________ on what appears in school-sponsored student publications. Ruling – The U.S. Supreme Court held for the first time that public school officials may impose __________________ on what appears in school-sponsored student publications.

18. Texas v. Johnson (1989) Question – Is flag burning protected under the 1 st Amendment right to freedom of speech? Question – Is flag burning protected under the 1 st Amendment right to freedom of speech? Ruling – ________ Ruling – ________ One of the most controversial decisions ever, and an Amendment to the Constitution making flag burning illegal continues to be proposed to this day.

19. Engel v. Vitale (1962) Question – Does it violate the 1 st Amendment right to freedom of religion to compose an official school prayer and require its recitation in public schools? Question – Does it violate the 1 st Amendment right to freedom of religion to compose an official school prayer and require its recitation in public schools? Ruling – _____. It is a violation of the ______________________Clause of the 1 st Amendment. Ruling – _____. It is a violation of the ______________________Clause of the 1 st Amendment. “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen.”

20. Miranda v. Arizona Question – If a defendant is not informed of his right against _____ Amendment right to protection from self-incrimination or his ____ Amendment right to counsel, does this violate his 5 th Amendment “_____ __________” rights? Question – If a defendant is not informed of his right against _____ Amendment right to protection from self-incrimination or his ____ Amendment right to counsel, does this violate his 5 th Amendment “_____ __________” rights? Ruling – ________, a defendant must be made aware of his rights or any confession will not be considered “voluntary”. Ruling – ________, a defendant must be made aware of his rights or any confession will not be considered “voluntary”. The Miranda Warning is what we now call the formal warning cops give to people when they are arrested.

21. Mapp v. Ohio (1961) Question – Can evidence obtained in violation of the 4 th Amendment (unreasonable search and seizure) be used in court? Question – Can evidence obtained in violation of the 4 th Amendment (unreasonable search and seizure) be used in court? Ruling – No, any evidence obtained without a search warrant cannot be used against you. This is know as the ______________________ Rule. Ruling – No, any evidence obtained without a search warrant cannot be used against you. This is know as the ______________________ Rule.

22. In Re Gault (1967) Question – Are juveniles accused of crimes awarded the same “due process” rights as adults? Question – Are juveniles accused of crimes awarded the same “due process” rights as adults? Ruling – Yes, juveniles get the same rights as adults. Based on the ____Amendment’s _________________ Clause. One exception noted in the Court’s opinion was that juveniles do not get the 6 th Amendment right to _________________. (Why might this be?) Ruling – Yes, juveniles get the same rights as adults. Based on the ____Amendment’s _________________ Clause. One exception noted in the Court’s opinion was that juveniles do not get the 6 th Amendment right to _________________. (Why might this be?) “In re” is Latin for “in the matter of” and indicates a judicial case that may not formally have another party.