Landmark Decision Cases

What kind of cases does What kind of cases does the U.S. Supreme Court the U.S. Supreme Court

hear? hear?

Marbury v. Madison, 1803

Established judicial review-right of the Supreme Court to declare laws and actions of local, state and national governments unconstitutional

McCulloch v. Maryland, McCulloch v. Maryland, 18191819

Gibbons v. Ogden, 1824Gibbons v. Ogden, 1824

S.C. ruled Congress DOES have the S.C. ruled Congress DOES have the right to REGULATE OR CONTROL right to REGULATE OR CONTROL interstate and foreign commerceinterstate and foreign commerce

Used elastic clause, Article 1, Used elastic clause, Article 1, Section 8Section 8

Plessy v. Ferguson, 1896Plessy v. Ferguson, 1896

upheld the constitutionality of racial segregation even in public accommodations under the doctrine of "separate but equal".

Brown v. Board of Brown v. Board of EducationEducation 1954 1954

Overturned the “separate but equal Overturned the “separate but equal doctrine” established doctrine” established in Plessy v. in Plessy v. FergusonFerguson

““began de-segregation of schoolsbegan de-segregation of schools 1414thth Amendment Amendment

Clarence GideonClarence Gideon((Gideon v. WainwrightGideon v. Wainwright, ,

19631963 ruled state courts

are required under the Sixth Amendment of the Constitution to provide counsel (a lawyer) in criminal cases for defendants who are unable to afford their own attorneys.

Ernesto MirandaErnesto Miranda((Miranda v. Arizona, 1963Miranda v. Arizona, 1963

right against self-incrimination prior to questioning by police(protected by the 5th Amendment)

Mary Beth and John TinkerMary Beth and John TinkerTinker v. Des Moines IowaTinker v. Des Moines Iowa , 1969 , 1969

Students do have freedom of speech (symbolic) rights under the 1st Amendment

New Jersey v. T.L.O., New Jersey v. T.L.O., 19851985

“Probable cause” v. “reasonable suspicion”

School officials do not need a search warrant as long as search is deemed “reasonable”

4th Amendment

Mapp v.Mapp v. Ohio (1963)Ohio (1963) “Exclusionary

Rule” Evidence obtained

illegally can not be used in court

4th and 14th Amendment

Dollree MappDollree Mapp

“Good Faith Exception” Rule

If there is a legitimate or honest “mistake” made, courts will sometimes allow the evidence to be used

Dr. Sam Sheppard Dr. Sam Sheppard ((Sheppard v. MaxwellSheppard v. Maxwell, ,

19661966 Case examined the

rights of freedom of the press as outlined in the 1st Amendment when weighed against a defendant's right to a fair trial as required by the 6th Amendment

Defendants have a right to a fair trial with impartial jury

Texas v. Johnson, 1989Texas v. Johnson, 1989

Burning the American flag is protected by the 1st Amendment-the act is considered “symbolic speech”

Bush v. Gore, 2000Bush v. Gore, 2000

Stopped the re-counting of ballots during the Bush/Gore 2000 election in Florida- allowed George W. Bush to win the election in Florida and the PRESIDENCY

Minersville School Minersville School District v. Gobitis, 1940District v. Gobitis, 1940 S.C. ruled that studentsS.C. ruled that students mustmust stand and stand and

recite the pledge of recite the pledge of allegiance-1allegiance-1stst Amendment freedom of religionAmendment freedom of religion ( (free free exercise clauseexercise clause) is not protected) is not protected

West Virginia v. Barnette, West Virginia v. Barnette, 19431943

Oops…we made a mistake! Three years Oops…we made a mistake! Three years later S.C. ruled making students stand later S.C. ruled making students stand and recite Pledge of Allegiance DOES and recite Pledge of Allegiance DOES violate the free exercise clause of 1violate the free exercise clause of 1stst Amendment (reversed Amendment (reversed West Viginia v. West Viginia v. BarnetteBarnette))

Clinton v. New York, 1998

Supreme Court ruled the line-item veto is unconstitutional-violates separation of powers

New York Times v. Sullivan, 1964

The First Amendment, as applied through the Fourteenth, protected a newspaper from being sued for libel in state court for making false defamatory statements about the official conduct of a public official, because the statements were not made with knowing or reckless disregard for the truth.

Barron v. Baltimore, 1833

S.C. ruled the Bill of Rights DOES NOT extend to the States

State governments State governments are not bound by the are not bound by the Fifth Amendment's Fifth Amendment's requirement requirement for just for just compensationcompensation in in cases of cases of eminent eminent domaindomain

Gitlow v. New York, 1925

Oops…we made a mistake again… S.C. ruled that 1st amendment is protected because of 14th amendment-1st time S.C. ruled Bill of Rights applies to the states

Though the Fourteenth Amendment prohibits states from infringing free speech, the defendant was properly convicted under New York's criminal anarchy law for advocating the violent overthrow of the government, through the dissemination of Communist pamphlets

Roe v. Wade, 1973

Texas law making it a crime to assist a woman to get an abortion violated her rights-based on the right to “privacy” implied by the 14th and 9th amendment

Baker v. Carr, 1962

The reapportionment of state legislative districts is not a political question, and thus is federal courts CAN hear cases

Remember, for many years S.C. refused to hear state reapportionment cases because they said it was a “state” issue

Wesberry v. Sanders, 1963

Constitution requires members of the House of Representatives be selected by districts composed, as nearly as is practicable, of equal population. Article 1, Section 2

14th Amendment-Equal Protection Clause

Wisconsin v. Yoder, 1972Wisconsin v. Yoder, 1972

The Wisconsin Compulsory School Attendance Law (students have to go to school until they are 16 years old) violated the Free Exercise Clause of the First Amendment because required attendance past the eighth grade interfered with the right of Amish parents to direct the religious upbringing of their children..

U.S. v. Nixon, 1974

The Supreme Court does have the final voice in determining constitutional questions; no person, not even the President of the United States, is completely above law; and the president cannot use executive privilege as an excuse to withhold evidence that is 'demonstrably relevant in a criminal trial

Dred Scott v. Sanford (1857)

Persons of African descent cannot be, nor were ever intended to be, citizens under the U.S. Constitution

Clinton v. Jones, 1996

The Constitution does not protect the President from civil litigation involving actions committed before he entered office.

Clinton v. Jones, 1997Clinton v. Jones, 1997

Can you sue a “sitting” President?Can you sue a “sitting” President? Paula Jones sued U.S. President Bill Clinton for Paula Jones sued U.S. President Bill Clinton for

sexual harassment. Eventually, the court sexual harassment. Eventually, the court dismissed the lawsuit, before trial on the dismissed the lawsuit, before trial on the grounds that Jones failed to demonstrate any grounds that Jones failed to demonstrate any damages. However, while the dismissal was on damages. However, while the dismissal was on appeal, Clinton entered into an out-of-court appeal, Clinton entered into an out-of-court settlement by agreeing to pay Jones $850,000settlement by agreeing to pay Jones $850,000

U.S. v. Lopez, 1995

Possession of a gun near school is not an economic activity that has a substantial effect on interstate commerce. A law prohibiting guns near schools is a criminal statute that does not relate to commerce or any sort of economic activity.

Interpretation of “Commerce Clause,” Article I, Section 8