The Supreme Court

Landmark Decisions

The following is NOT in any way a complete discussion of ALL the important cases that the Supreme Court has decided. It is just a sample of SOME of the important or interesting ones

Marbury v. Madison - 1803

Facts• Lame Duck Pres. John Adams appoints

numerous new federal judges, all members of the Federalist Party

• Adams instructs Sec. of State John Marshall to deliver the appointments

• William Marbury was one of those who were to get the appointment

• Marshall does not deliver all the appointments before leaving office

• New Pres. Jefferson instructs new Sec. of State Madison NOT to deliver them

• Marbury sues Madison in the S.C. citing Congress’ Judiciary Act of 1789 allows him to have the appointment

Constitutional Question

• Did the SC have original jurisdiction to hear Marbury v. Madison?

• Was the Judiciary Act of 1789 Constitutional?

The Court’s Decision

• Yes the SC has jurisdiction under Article 3 of the Constitution

• Part of the Judiciary Act of 1789 is UNCONSTITUTIONAL

Impact, Why do we care?

• This was the first time the SC found a law of Congress to be unconstitutional

• It established the concept of JUDICIAL REVIEW – the power of the SC to nullify laws in conflict with the Constitution

• The decision has been crucial in the checks and balances system

Interesting Twist

• Chief Justice John Marshall was very influential in this decisions and authored the Majority Opinion

• Yes, the same John Marshall who, as Sec. of State, did not deliver the appointment to Marbury in the first place

• Marbury never gets his appointment as Federal Judge.

Dred Scott v. Sandford - 1857

Facts

• Dred Scott was a slave in the antebellum South.

• Between 1833-1843 (approx.) Scott lived with his owner in “free territory” (Illinois and Wisconsin).

• Scott’s owner dies and he is returned to the south where the owner’s widow sells him to a new owner.

• Dred Scott sues in Missouri State court to win his freedom claiming that his extended stay in free territory made him a free man.

• After numerous conflicting decisions and appeals, ends up in the US Supreme Court.

Constitutional Question

• Did Dred Scott have the social standing to sue through the US Court system?

• Did living in free territory (as defined by the 1820 Missouri Compromise) automatically give him freedom?

Decision

• Slaves or freed slaves are not citizens.

• Since Scott was not a citizen, he had no right to sue anybody in court.

• Furthermore, the SC found the Missouri Compromise unconstitutional. The federal government has not authority to tell States/Territories if they are free or slave.

Impact! Why do we care?

• The tragically poor decision in Dred Scott helped to propel the US into Civil War.

• With no 1820 Comp. law, Slavery could theoretically exist anywhere in new territories.

• The Scott decision made clear the need for an eventual 14th and 15th Amendment.

After Thoughts

• The circumstance of the Scott took decades to develop and resolve.

• The son of Scott’s original owner had been a long term friend. After the case, the man paid for Scott’s freedom (and that of his wife).

• Scott died nine months after becoming free.

Tinker v. Des Moines 1969

Facts

• Dec. 1965 Des Moines Iowa

• John & Mary Beth Tinker and some friends decide to wear black armbands to school to protest the war in Vietnam.

• School district heard about it and told them they could not do that.

• The students decided to violate the rule and wore the armbands anyway.

• The students were suspended.

• Parents filed suit in US District Court claiming that the student’s 1st Amend. free speech rights had been violated.

• Court finds in favor of the School District and the case is appealed to the Sup. Ct.

Constitutional Question

• Are students forced to leave their free speech rights behind when they enter school?

Court’s Decision

• In THIS situation, the school did violate the free speech rights of the students.

• Students not forced to give up their 1st Amend. rights when they enter school

• HOWEVER. Schools do have the right to limit those rights when there is a potential for a disruption of the learning environment or safety issues.

• Schools must be able to demonstrate some FORESEEABLE harm in the 1st Amend. Expression.

• The SC found that there was no foreseeable harm in this silent protest.

Impact. Why do we care?

• The Tinker case is still used today to determine whether or not a school’s disciplinary actions violate student’s 1st Amend. rights.

Plessy . Ferguson - 1896

Facts

• Homer Plessy was a successful Louisiana businessman

• Plessy had one African-American grandparent

• He was comfortable with both racial groups but never really considered himself to be African-American

• Took the train every day, one day he was asked by the conductor to move to the “segregated” car

• Plessy refused and was arrested and charged for violation of State law

Constitutional Question

• Was Louisiana's State law requiring segregated seating on public transportation a violation of the 14th Amend. requiring equal protection of the law for all citizens?

Court’s Decision

• Since Louisiana did provide equal (but separate) access to public transportation, their was no violation of the 14th Amend and no violation of equal protection under the law

Impact. Why do we care?

• The Plessy decision validated the concept of “separate but equal” making segregation allowable for any state wishing to adopt that law

• Another 60+ years of segregation, Jim Crow laws and denial of African-American rights

Some important terms are appropriate here!

• De Jure Segregation – Segregation by law and punishable by law for violation– Example: Jim Crow laws

• De Facto Segregation – Segregation by fact, even though no law requires it– Example: Parts of cities having nearly all

African-American (or all white) residents or schools that are nearly all African-American (or all white)

Brown v. Board of Education of Topeka Kansas - 1954

Facts

• Case surrounds 8 year old African-American child named Linda Brown

• Family moved into a home in Topeka KA only 5 blocks from the nearest school

• School was segregated for white children only

• Linda was assigned to a school for black children 21 blocks away

• Linda’s parents sued the Topeka school district citing 14th amend. Violation

• Same argument that Plessy had made 50 years earlier

Constitutional Question

• In schools, does the very fact of separation create an unequal education?

• Does segregation violate the 14th amendment?

Decision of the Court

• Unanimous decision

• Segregation is a violation of equal protection of the law under the 14th Amend

• To separate children in school solely based on race creates a feeling of inferiority and is therefore unequal

• Plessy decision is reversed and school segregation is banned

Easier Said Than Done!

Showdown in Little Rock Arkansas

• Due to the Brown decision, President Eisenhower orders schools to desegregate

• Arkansas Gov. Faubus refuses, stands on the steps of Central HS in defiance

• Gov. Faubus orders AR national guard to block the entry of black students

• President Eisenhower sends troops from the 101st Airborn to personally escort the students into Central HS

Sept. 25 1957, the “Little Rock Nine” enter school under armed escort. The battle for

civil rights and desegregation begins

The Little Rock Nine

Dec. 1, 1955 Rosa Parks refuses to give up her seat on the bus

Immediately after, MLK runs the Montgomery Bus Boycott and begins his

civil rights crusade

Feb. 1960, Lunch Counter sit-ins in North Carolina

The civil rights era was off and running. Obviously, the

decisions of the Supreme Court can have a profound impact on

our society!!

Texas v. Johnson - 1984

Facts

• 1984 – Gregory Lee Johnson burns an American flag in front of city hall in Dallas Texas

• He was protesting the policies of President Ronald Regan

• Johnson was tried and convicted under Texas law prohibiting desecration of the American flag

• One year in jail + $2,000 fine

• Johnson appealed the decision claiming that his 1st amend. rights of free speech had been violated

Constitutional Question

• Is burning or other desecration of the American flag a form of free speech that is protected under the 1st amendment?

Decision of the Court

• The Sup. Ct. found in favor of Johnson

• The fact that a large portion of society may find an act or idea offensive does not justify the limitation of free speech

Impact – Way do we care?

• Democracy and living in a free society is sometimes difficult, you have to want it bad

• To live in a free society, we must accept that others may have ideas that we disagree with but must respect the right to express those ideas

So are there any limits to free speech?

We’ve talked about this before.

Hazelwood v. Kuhlmeier - 1988

Facts

• Hazelwood East High School outside of St. Louis, MO

• School newspaper is the subject of controversy

• Principal of the school deleted two articles prior to the week’s publication

• Student editors were angered and claimed censorship and violation of 1st amend. free speech and free press

• The articles in question

• One was an article about teen pregnancy surrounding 3 students who were pregnant

• One was an article about divorce and its impact on teenagers

Constitutional Question

• Is the censorship of a school newspaper by school administration a violation of student’s 1st amend. rights?

Decision of the Court

• Censorship of a school newspaper is not necessarily a violation of student 1st amend rights

• The newspaper is sponsored by the school district and therefore, the school district retains the right to review and possibly omit objectionable articles

• Similarity to Tinker

• The school essentially has rights to limit 1st amend expression where there is foreseeable harm that could result

Impact. Why do we care?

• Hazelwood v. Khulmeier is still regularly consulted as a model for issues concerning student newspapers and 1st Amend rights

New Jersey v. T.L.O. - 1985

Facts

• 1980 – Piscataway HS in Middlesex, NJ• T.L.O. and a friend are caught smoking in

the girls room• Taken to principal’s office• T.L.O.’s purse was searched and found

cigarettes but also, rolling papers, a pipe, a bag of marijuana, a roll of dollar bills and notes from students indicating that T.L.O. was selling pot

• T.L.O. was taken to police with her mother, arrested, convicted as a juvenile, etc., etc.

• T.L.O. and the NJ Supreme Court both agreed that T.L.O.’s rights under the 4th and 14th amend had been violated.

• Ruled that the search was unconstitutional and therefore the items found in her purse and her confession could not be used in court.

• State of NJ appeals to the Sup. Ct.

Constitutional Question

• Does the 4th amend protection from unreasonable search and seizure apply to students in school?

The Court’s Decision

• Supreme Ct. agreed with the State of NJ

• School rights to maintain a learning environment free from drugs and other harmful items.

• When kids are at school, the school has similar rights to parents; do not need a warrant to search student’s belongings.

• Need only “reasonable suspicion”.

Impact. Why do we care?

• The T.L.O. decision is used everyday in schools all across the country

Student Rights as a Whole• It is clear that student age people (minors)

walk a thin line with regard to their constitutional rights

• Parents and schools clearly have ability to limit those rights

• In public, minors have the same rights as everyone else

• It all depends where you are and what you are doing

Roe v. Wade - 1973

Facts• Dallas TX 1969

• Norma McCorvey (alias Jane Roe) a single woman discovers she is pregnant.

• Attempts to have an abortion but is denied under TX state law prohibiting abortions except under circumstance of rape, incest, or to save the life of the mother.

• By 1973, Roe’s case reaches the Supreme Court where she is claiming violation of her (and all other women) rights under the 9th and 14th Amend.

• Claims 9th amend. Includes a right to privacy.

• 14th Amend. rights cannot be denied citizens without due process of law.

Constitutional Question

• Does the 9th amend guarantee right to privacy and does that right include a person’s basic life decisions (like having a child)?

• Since different states had different laws concerning abortions, does the 14th amend of equal protection of the law apply?

Decision of the Court

• Supreme Ct. agrees with Roe.

• The 9th amend includes an expectation to an amount of privacy.

• States cannot deny women’s right to choose their reproductive decisions.

• 14th amend extends the above rights to women in all states.

Impact: Why do we care?

• Our nation is still VERY divided over the issues brought out by Roe v. Wade

• Politicians during campaigns and Justices during confirmation hearings are regularly questioned about their opinions on the matter.

• Perhaps there are no clear answers about the issue. It is a matter of personal belief.

Miranda v. Arizona - 1966

Miranda Warnings (rights)The list of rights that are read to

you when you are arrested

Can you recite them?

Ernesto Miranda

Facts

• March 1963 a kidnapping are rape occurred in Phoenix AZ

• Miranda was identified by the victim and arrested.

• He was not informed of his rights under the 5th and 6th amendments

• Police questioned him and got a confession

• Convicted of his crimes and got 20-30 years in prison for EACH charge

• Miranda appealed his conviction based on the fact that he was not informed of his rights to remain silent and have a lawyer present during questioning; a violation of his constitutional rights

Constitutional Question

• Was Miranda’s confessional admissible in court since he was not advised of his rights under the 5th and 6th amendments?

Decision of the Court

• Miranda’s rights were violated and his conviction was overturned

• The court stated that it is the burden of the state to advise each person under arrest of their rights, even if these rights are common knowledge and even if the person says they already know their rights

Impact, Why do we care?

• Since the Miranda decision, all persons under arrest in a criminal investigation MUST be read their, now famous, “Miranda Rights”

• Failure to do so on behalf of police could lead to their case being thrown out of court

So, what happened to Miranda

• Miranda was given a new trial without use of the confession and was again convicted

• He served 11 years of his sentence and was paroled in 1972

• Continually in trouble with the law

• Stabbed to death in 1976 as the result of a bar fight over $3.00