1. Supreme Court Cases

2. Warm Up 1. How does a case reach the Supreme Court? 2. What is the cartoon below implying?

3. National Supremacy Marbury v. Madison (1803) McCulloch v. Maryland (1819) Gibbons v. Ogden (1824)

4. Marbury v. Madison (1803) Background: Marbury was appointed as a US Judge by President Adams during his last days in office. President Jefferson refused to give Marbury his position. Decision: Marbury does not appointment, SCOTUS can declare a law/action unconstitutional= Judicial Review

5. McCulloch v. Maryland (1819) Background: McCulloch, a bank cashier, refused to pay a tax on the federal bank by the State of Maryland Decision: Allowed Congress to create a bank (implied powers) and said states cannot tax the national government

6. Gibbons v. Ogden (1824) Background: Gibbons (had federal permission) questioned Ogden’s state charter to run a ferry. Decision: Federal government is supreme, Congress has powers to regulate commerce Commerce Clause- Congress can regulate trade

7. US v. Nixon (1974) Background: President Nixon refused to give up tapes revealing his role in a crime, claimed “Executive Privilege” Decision: The President cant abuse his power of executive privilege to cover or alter a criminal investigation *Nixon was forced to hand over tapes

8. Civil Rights Plessy v. Ferguson Scott v. Sandford Brown v. Board of Education Swann v. Charlotte Mecklenburg University of California v. Bakke Roe v. Wade Heart of Atlanta v. US

9. Plessy v. Ferguson (1896) Background: Plessy was 1/8 black, bought a white train ticket refused to move to black train, was arrested Decision: Segregation laws are Constitutional as long as they are “separate but equal” 14 th Amendment- equality

10. Scott v. Sandford (1857) Background: Dred Scott was a slave whose owner moved from a slave state to a free state ◦ Scott sued for his freedom, claiming that because he now lived in a free state, he should be free Decision: Dred Scott was a slave (meaning he was property) and because he was not a citizen, he had no standing in the courts

11. Brown v. Board of Education (1954) Background: Mr. Brown demanded his daughter be allowed in a white school in order to receive a better education Decision: Segregation is unconstitutional “separate but NOT equal” *integrated schools*

12. Swann v. Charlotte Mecklenburg (1971) Background: Swann was bussed across town for school in order to integrate the school/keep a racial balance Decision: Busing is constitutional is used to achieve racial integration of schools De Facto Segregation- segregation by choice or tradition

13. University of California v. Bakke (1978) Background: Alan Bakke- white male, was denied entrance into medical school because the school needed to reach its black quotas, even though he was more qualified than those admitted. Decision: Affirmative action is legal, BUT quotas to determine affirmative action are NOT constitutional 14 th Amendment

14. Roe v. Wade (1973) Background: Jane Roe wanted to have an abortion. Decision: Abortion is legal under the privacy clause of the 9 th and 14 th amendments

15. Heart of Atlanta Motel v. US (1964) Background: African Americans were not allowed to stay at the HoA Motel per owners decision Decision: Under the Civil Rights Act of 1964, African Americans cannot be denied access to public businesses

16. First Amendment Engle v. Vitale Wallace v. Jaffree Texas v. Johnson Nazi v. Skokie

17. Engle v. Vitale (1962) Background: NY Public Schools had students say a nondenominational prayer every morning. Parents sued school saying its unconstitutional Decision: Students cannot be REQUIRED to say a prayer in public schools 1 st amendment: freedom of religion

18. Wallace v. Jaffree (1985) Background: School mandated all students have a moment of silence for prayer Decision: Moment of silence for PRAYER is unconstitutional. Moment of silence is fine… but cannot require students to pray

19. Texas v. Johnson (1984) Background: Johnson burned a flag, protesting President Reagan. Johnson was arrested because of Texas flag burning laws Decision: Flag burning is a Constitutional form of protest 1 st amendment- freedom of speech

20. Nazi v. Skokie (1977) Background: National Socialist Party wanted to march through the town of Skokie, IL- a Jewish community. The town didn’t want them to. Decision: Hate speech is legal 1 st amendment: Freedom of expression

21. Rights of the Accused Mapp v. Ohio Gideon v. Wainwright Miranda v. Arizona In re Gault Furman v. Georgia Gregg v. Georgia

22. Mapp v. Ohio (1961) Background: Mapp’s home was searched without a valid warrant. The police found pornographic material. She was arrested and convicted under Ohio’s porn laws. Decision: created EXCLUSIONARY RULE- evidence found in an illegal search cant be used against a suspect. 4 th amendment- search and seizure

23. Gideon v. Wainwright (1963) Background: Gideon was found outside a pool hall and was accused of robbing it. He couldn’t afford a lawyer in court, and was sentenced to 5 years in prison Decision: Everyone is grated the right to a lawyer in ALL cases. If you cant afford one, one will be appointed. 6 th amendment- right to an attorney

24. Miranda v. Arizona (1966) Background: Miranda- an immigrant, was arrested and convicted of rape/murder. All without knowing the legal protection granted to him. Decision: All suspects should be informed of their rights upon being arrested **MIRANDA RIGHTS**

25. In re Gault (1967) Background: Lady reported 15 y/o neighbor prank calling. Police arrested and questioned minor without parent. Decision: Parents MUST be present/notified of juvenile arrests. Due process still applies in ALL juvenile cases

26. Furman v. Georgia (1972) Background: Furman broke into a home and accidently killed the homeowner. Furman was given the death penalty. Decision: Death penalty for accidental murder is cruel and unusual. *At the time, more black males received death penalty in GA than anyone else

27. Gregg v. Georgia (1976) Background: Gregg violently murdered two men after the picked him up hitchhiking. Given the death penalty Decision: Death penalty was NOT cruel and unusual because his intention was to kill

28. Student Rights Tinker v. Des Moines NJ v. TLO Bethel v. Fraser Hazelwood v. Kuhlmeier

29. Tinker v. Des Moines (1969) Background: John and Mary Beth Tinker (siblings) wanted to protest the Vietnam War by wearing armbands at school. Principal said no. Decision: Students can protest as long as its not disruptive to the school environment.

30. New Jersey v. TLO (1985) Background: TLO caught smoking in bathroom, principal asked to search bag and TLO refused. Principal searched anyway Decision: Principal does NOT NEED a warrant if it deals with school security

31. Bethel v. Fraser (1986) Background: Fraser made a vulgar speech to student body after he was told not to give it. He was suspended three days, but claimed freedom of speech Decision: Students are limited in speech, including “sexually vulgar” terms

32. Hazelwood v. Kuhlmeier (1988) Background: Student wrote about divorce and pregnancy in their school newspaper. Principal censored it Decision: Students do NOT have freedom of press in the school because it may cause a disruption