Unit 6 pp court cases-1

Important Supreme Court Cases You will be responsible for learning several Supreme Court cases and decisions in this unit…. Take your time reviewing this information!!!!

Each slide includes background information about the court case to help you understand why this case was brought before the Supreme Court. However, you MUST understand the significance or conclusion of each case for your mastery assignments.

Marbury v. Madison This was the first major important court case in the history of our nation because this court case………

ESTABLISHED JUDICIAL REVIEW!!!!!!!! Judicial Review is the power of the Supreme Court to determine whether laws or acts of Congress are Constitutional!!!! This court case expanded the power of the Supreme Court and defined how they were to “interpret” laws and the Constitution!

McCulloch v. Maryland Facts of the Case In 1816, Congress created The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax.

McCulloch v. Maryland Questions Presented This case presented two questions: Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers? Conclusion Yes. Federal laws trump state laws, and although states have the power to tax they cannot tax a federal establishment. (Supremacy Clause) ‏

Gibbons v. Ogden Facts of the Case In 1808, certain individuals were given a license to operate steamboats on the waterways of the state of New York. This meant that only their steamboats could operate on the waterways of New York. This monopoly was given to them by the state of New York government. This monopoly was very important because steamboats carried both people and goods and was very profitable. One individual, Aaron Ogden, operated steam boats between New York and New Jersey.

Gibbons v. Ogden Background Continued Another man named Thomas Gibbons competed with Aaron Ogden on this same route between New York and New Jersey. Gibbons did not have a state of New York license, but instead had a federal (national) license.

Gibbons v. Ogden Question Presented Who had the right to issue a license to operate boats on this interstate waterway, the state of New York or Congress (the national government)? Who had the power to regulate interstate commerce? (Interstate commerce is the buying and selling of goods across state borders. This is different from intrastate commerce , which is the buying and selling of goods within state borders. ) ‏ Conclusion The Federal government has the power over the states to regulate interstate commerce. Federal ferry licenses prevail over a State ferry Licenses as a result of the Supremacy Clause .

Plessy v. Ferguson Facts of the Case The state of Louisiana enacted a law that required separate railway cars for blacks and whites. In 1892, Homer Adolph Plessy--who was seven-eighths Caucasian--took a seat in a "whites only" car of a Louisiana train. He refused to move to the car reserved for blacks and was arrested.

Plessy v. Ferguson Question Presented Was Louisiana's law mandating racial segregation on its trains unconstitutional and a violation of the equal protection clause of the Fourteenth Amendment? (which says that the government must treat all people equally) ‏ C onclusion No. State law did not violate the Constitution The Supreme Court established the concept of separate-but-equal (segregation of public facilities is legal as long as the facilities are equal) ‏

Brown v. Board of Education Facts of the Case Black children were denied admission to public schools attended by white children under laws requiring or permitting segregation according to race. Often, black children had to travel far to get to their school. In Topeka, Kansas, a black student named Linda Brown had to walk through a dangerous railroad to get to her all-black school. Her family believed that segregated schools should be illegal .

Brown v. Board of Education Question Presented Does the segregation of children in public schools solely on the basis of race violate the equal protection clause of the 14 th Amendment? Conclusion Yes. Segregation of schools is a violation of the Constitution and the segregated schools were not equal as Plessy v. Ferguson required. This court case overturned Plessy v. Ferguson and established that separate was unequal.

Swann v. Charlotte Mecklenburg Facts of the Case The decision from the Brown v. Board of Ed. case made little or no progress in the desegregation of schools. In the Charlotte-Mecklenburg School System in North Carolina there were approximately 14,000 black students attending schools that were either totally black or more than 99 percent black The local Courts were trying to integrate the schools but were having problems with citizens agreeing to their decisions

Swann v. Charlotte Mecklenburg Question Presented Were federal courts constitutionally authorized to oversee desegregation of state schools? (remember the power to establish and regulate schools is a reserved power!!) Conclusion Yes. The Supreme Court ordered that CMS use bussing in order to integrate schools and comply with the decision of Brown v. Board of Education

Korematsu v. US Facts of the Case During World War II, the President and Congress ordered that many people living in the US who were of Japanese ancestry (especially those living on the west coast) be placed in internment camps. The government questioned whether these people might be giving information about the US to Japan. Fred Korematsu, one of the Japanese who was arrested and moved to an internment camp, sued the US claiming that he was being discriminated against and that what the government was doing was unconstitutional.

Korematsu v. US Question Presented Did the President and Congress go beyond their war powers by forcing Americans of Japanese descent into internment camps and taking away many of their rights? Conclusion Yes.The Court sided with the government and said that the need to protect the US against spies and additional attacks was greater than Korematsu's individual rights. The Court also said that during times of national emergency or extreme hardships, the government has the right to limit individual rights.

Furman v. Georgia Facts of the Case Furman was burglarizing a private home when a family member discovered him. He attempted to flee, and in doing so tripped and fell. The gun that he was carrying went off and killed a resident of the home. He was convicted of murder and sentenced to death

Furman v. Georgia Question Presented Does the carrying out of the death penalty in cases such as this, where the death was accidental, constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments? Conclusion Yes. The Court deemed the death penalty cruel and unusual in cases where the death was not intentional. The Court's decision forced many states to change the way they use the death penalty.

Gregg v. Georgia Facts of the Case A jury found Gregg guilty of armed robbery and murder. He was sentenced to death. Gregg challenged his death sentence for murder, claiming that capital punishment (the death penalty) was a "cruel and unusual" punishment that violated the 8 th and 14 th Amendments.

Gregg v. Georgia Question Presented Is the imposition of the death sentence prohibited under the Eighth and Fourteenth Amendments as "cruel and unusual" punishment? Conclusion No. The Court held that a punishment of death did not violate the 8 th and 14 th Amendments under ANY circumstances. In extreme criminal cases, such as when a defendant has been convicted of deliberately killing another , the careful and judicious use of the death penalty may be appropriate.

Gideon v. Wainwright Facts of the Case Gideon was charged in a Florida state court with a felony for breaking and entering. He lacked funds and was unable to hire a lawyer to prepare his defense. The court refused to give him an attorney when he requested one. Gideon defended himself in the trial; he was convicted by a jury and the court sentenced him to five years in a state prison.

Gideon v. Wainwright Question Presented Did the state court's failure to appoint counsel for Gideon violate his right to a fair trial and due process of law as protected by the Sixth and Fourteenth Amendments? Conclusion Yes. In a unanimous opinion, the Court ruled that Gideon had a right to be represented by a court-appointed attorney

Regents of the University of California v. Bakke Facts of the Case Allan Bakke, a 35 year-old white man, had twice applied for admission to the University of California Medical School. He was rejected both times. The school reserved 16 places in each entering class of one hundred for "qualified" minorities. This was done as part of the university's affirmative action program, in an effort to remedy longstanding, unfair minority exclusions from the medical profession. Bakke's qualifications (college GPA and test scores) exceeded those of any of the minority students admitted in the two years Bakke's applications were rejected.

Regents of the University of California v. Bakke Question Presented Did the University of California violate the Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke's application for admission to its medical school? Conclusion Yes. Schools cannot use admissions quotas and admit students solely based on race.

New Jersey v. TLO Facts of the Case T.L.O. was a fourteen-year-old girl accused of smoking in the girls' bathroom of her high school. A principal at the school questioned her, searched her purse and found a bag of marijuana along with other drug paraphernalia.

New Jersey v. TLO Question Presented Did the search violate the Fourth and Fourteenth Amendments? Conclusion No. The Supreme Court ruled that schools only need “reasonable suspicion” to search students and do not require a search warrant to do so.

Bethel School District v. Fraser Facts of the Case At a school assembly of approximately 600 high school students, Matthew Fraser made a speech nominating a fellow student for elective office. In his speech, Fraser used what some observers believed was a graphic sexual metaphor to promote the candidacy of his friend. As part of its disciplinary code, “use of obscene, profane language or gestures." Fraser was suspended from school for two days.

Bethel School District 403 v. Fraser Question Presented Does the First Amendment prevent a school district from disciplining a high school student for giving a lewd speech at a high school assembly? Conclusion No. The Court found that it was appropriate for the school to prohibit the use of vulgar and offensive language. (Students do not have complete freedom of speech in school!) ‏

Tinker v. Des Moines Facts of the Case The Tinker children decided, along with their parents, to protest the Vietnam War by wearing black armbands to their Des Moines schools during the Christmas holiday season. Upon learning of their intentions, and fearing that the armbands would provoke disturbances, the principals asked the students not to wear them or they would be suspended. When the Tinker siblings wore their armbands to school, they were asked to remove them. When they refused, they were suspended until after New Year's Day.

Tinker v. Des Moines Question Presented Does prohibiting students from wearing armbands in public school, as a form of symbolic protest, violate the First Amendment's freedom of speech? Conclusion Yes. The wearing of armbands was protected by the First Amendment. Students do not lose their right to freedom of expression when they come to school; however, their choice of expression cannot be disruptive to the school environment.

Texas v. Johnson Facts of the case In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against the Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration (destruction). He was sentenced to one year in jail and assessed a $2,000 fine.

Texas v. Johnson Question Presented Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment? Conclusion Yes. The Court held that Johnson's burning of a flag was protected expression under the First Amendment. The government cannot limit a citizen’s right to burn the US flag

Engel v. Vitale Facts of the Case A school system in the state of New York authorized a short, voluntary prayer for recitation at the start of each school day. The prayer read as follows: "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country."

Engel v. Vitale Question Presented Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment? Conclusion Yes. A school cannot require students to pray. This court case upheld separation of church and state and ruled that forced prayer in school is a clear violation of the establishment clause.

Miranda v. Arizona Facts of the Case Ernesto Miranda was arrested but not told his right to not confess to the crime (5th amendment - the right to no self-incrimination). He signed a confession and was convicted.

Miranda v. Arizona Question Presented Does police interrogation of individuals without notifying them of their right to have an attorney and their protection against self-incrimination violate the Fifth Amendment? Conclusion Yes. The Court ruled that the police must read people their rights, including warnings of their right to remain silent and the right to have an attorney present during interrogations, before being arrested.

Mapp v. Ohio Facts of the Case While searching Dolree Mapp’s home with a fake warrant for a fugitive, police found obscene materials. Mapp was arrested and tried for possession of these illegal obscene materials.

Mapp v. Ohio Question Presented Can evidence obtained illegally through a search violating the Fourth Amendment, be admitted in a state criminal court case? Conclusion No. The Court declared that "all evidence obtained by searches and seizures in violation of the Constitution is, by the Fourth Amendment, inadmissible in a state court." Simply put…..Illegally obtained evidence cannot be used against a person in court.

Roe v. Wade Facts of the Case Jane Roe (not her real name) was a pregnant female in Texas who wanted an abortion, but Texas state law prohibited abortion unless the mother’s life was in danger. Roe argued that she had a right to privacy and should be able to decide whether or not to have an abortion.

Roe v. Wade Question Presented Are laws prohibiting abortion unconstitutional? Should women have the right to privacy and choice when it comes to abortion? Conclusion A state cannot prohibit a woman’s right to an abortion. The Supreme Court ruled that during the first 3 months of a pregnancy, abortion is legal. During months 4-6, each state determines whether abortion should be legal. During months 7-9, abortion is illegal unless the mother’s life is in danger.

Olmstead v. US Facts of the Case Roy Olmstead was a suspected bootlegger. Without approval, federal agents installed wiretaps in the basement of Olmstead's building (where he maintained an office) and in the streets near his home. Olmstead was convicted with evidence obtained from the wiretaps.

Olmstead v. US Question Presented Did the use of evidence disclosed in wiretapped private telephone conversations, violate the recorded party's Fourth and Fifth Amendment rights? Conclusion No. The 4 th and 5 th amendment do not protect individuals from wiretapping, and this evidence may be used against a person in court.

Schenck v. US Facts of the Case During WWI, Schenck sent out mailers to people that had been drafted into the military telling them not to submit to military intimidation. Schenck was arrested for attempting to cause insubordination in the military and for obstructing recruitment.

Schenck v. US Question Presented Were Schenck's actions (words, expression) protected by the free speech clause of the First Amendment? Conclusion No. Free speech is limited during times of war and 1st Amendment rights are not absolute depending on the circumstances.

Hazelwood v. Kuhlmeier Facts of the Case Students wrote an article the principal would not allow to be published in the school newspaper because it discussed divorce and teen pregnancy.

Hazelwood v. Kuhlmeier Question Presented Did the principal's deletion of the articles violate the students' right to freedom of the press under the First Amendment? Conclusion No. The court ruled that schools can filter or limit information that is placed into a school newspaper.

Dred Scott v. Sanford Facts of the Case In 1799, Dred Scott was born a slave in Virginia and was bought by Sanford. In 1834, Dred Scott and his master moved to Illinois, which was a free state and outlawed slavery. Then in 1836, Dred Scott and his master moved to Minnesota, another free state. Dred Scott and his master moved a final time to Missouri in 1838, but Missouri was considered a slave state, or a state that allowed slavery. When Sanford, Dred Scott’s master, died and left Dred Scott to his wife, Dred Scott claimed that he was a free man and no longer a slave because he gained his freedom when he lived in a free state.

Dred Scott v. Sanford Question Presented Should Dred Scott be a free person? Conclusion No. The Court ruled in favor of Sandford and stated that Scott should remain a slave . Also, the court ruled that as a slave Dred Scott was personal property and therefore had never been free. STATES CANNOT DEPRIVE A PERSON TO THEIR RIGHT TO PROPERTY.

YEAH!!!! You have learned about some of the most important court cases in our country’s history. There are lots of great resources on the Internet that can help you better understand why these cases are so important. To learn more about these court cases, go to the following websites. Remember it will be important for you to review these court cases for your mastery assignment.

Helpful Websites…… www.landmarkcases.org http://beebo.org/smackerels/supreme-court-decisions.html http://www.oyez.org/cases/2000-2009/2006/

Unit 6 pp court cases-1

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Unit 6 pp court cases-1