Supreme Court Cases Notes Marbury v. Madison
• Established principle of judicial review
– Supreme Court has authority to review/rule on actions of other 2 govt. branches
– Can say if a law is unconstitutional
Miranda v. Arizona
• Police must inform suspects of legal rights
• Strengthened 5th Amdt. right against self-incrimination
• Long term effect: Anyone being arrested must be read the “Miranda Warning” – You have the right to remain silent. Anything you say can and will be used
against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?
Tinker v. Des Moines
• Strengthened 1st Amdt. rights of students
– High school students wearing armbands to protest Vietnam War • Schools can only limit student expression for valid reasons
Texas v. Johnson
• Flag-burning falls under protection of 1st Amdt. right to free speech
Engel v. Vitale
• Banned prayer in nation’s public schools
– 1st Amdt. prohibits govt. from establishing a religion
Regents of the Univ. of Calif. v. Bakke
• Supreme Court upheld affirmative action
– Based on 14th Amdt. equal protection clause
– Race can be used as criterion for college admission, but not racial quotas
Furman v. Georgia
• Strengthened the 8th Amdt. (no cruel and unusual punishment)
– States were applying death penalty inconsistently - based on race (more likely to get death penalty if defendant was black)
– Long Term Effects:
• Required states to write guidelines for when death penalty should apply
• Also, no death penalty for rape Greg v. Georgia
Gideon v. Wainwright • 6th Amendment
• All accused persons are entitled to a lawyer
– States must provide lawyers if conviction may result in prison time
Mapp v. Ohio
• Evidence that is obtained illegally cannot be used in court
• Strengthened 4th Amdt. protection (no unreasonable search & seizure)
Hazelwood v. Kuhlmeier
• School officials can censor school newspapers, etc. • Weakened 1st Amdt. rights of students
Bethel School District v. Fraser
• Fraser punished for giving sexually explicit speech at school – School officials can censor student speech
– Weakened students’ 1st Amdt. rights
State of N.C. v. Mann
• NC Supreme Court decided slaves were property of their owners • Slave owners could not be convicted for assaulting slaves
• Court based decision on state const., not whether it was moral
Plessy v. Ferguson
• Established principle of “separate but equal” • Made segregation legal
Brown v. Board of Education of Topeka, Kansas • Overturned Plessy v. Ferguson
• Supreme Court ordered desegregation of public schools • Separate schools based on race is inherently unequal
Leandro Case
• N.C. Supreme Court case
• All N.C. children have a right to “equal opportunity to receive a sound, basic education”
• Suit was filed by poorer, mostly African American counties
Swann v. Charlotte-Mecklenberg (1971) • U.S. Supr. Ct.
• Extended Brown v. Board of Education decision
• NC was forced to dismantle “de jure” (by law) segregation in school
Korematsu v. U.S. (1944)
• Japanese-Americans held in interment camps during WWII
• Supreme Court said the need to protect U.S. from spies outweighed rights of Japanese-Americans
• Citizens’ rights may be taken away in times of national crisis • Mr. Korematsu’s conviction was overturned in 1983
• Since then, money has been paid to Japanese Americans who were affected by the imprisonment
Heart of Atlanta Motel v. U.S. (1964)
• Heart of Atlanta Motel in Atlanta refused to accept Black Americans in violation of Civil Rights Act of 1964
– Did Congress, in passing Title II of the 1964 Civil Rights Act, exceed its Commerce Clause powers by depriving motels, such as the Heart of Atlanta, of the right to choose their own customers?
• Decision
– Supreme Court said the Commerce Clause of Article I of the Constitution allows Congress to pass such laws
– Places that serve the public have no "right" to select guests as they saw fit
McCulloch v Maryland (1819)
• Issue: Did the state of Maryland have the right to tax a federal institution (the U.S. Bank) located in its state?
• Verdict
– The states could not tax the federal government – Upheld the idea of implied powers of the Constitution
– State actions may not impede Congress from anything that’s “necessary and proper” to carrying out duties listed in the Constitution (like managing federal funds).
Gibbons v Ogden (1824) • Issue
– Gibbons had a license to run a ferry service from U.S. government. Ogden got an injunction from state of N.Y. to make Gibbon stop.
– Does federal government have control over interstate commerce? Can a state law interfere with this power of Congress?
• Verdict
– Injunction against Gibbons was unconstitutional • Impact
– The Commerce Clause of U.S. Const. gives Congress power to regulate interstate commerce
N.J. v. TLO • Facts:
• Question:
– Did the principal’s search of student’s belongings at school violate the 4th & 14th Amdts?
• Decision:
– Probable cause is not needed in school searches. Principal must only have “reasonable suspicion” and doesn’t need a search warrant.
Schenk v. U.S. (1919)
• Schenk was arrested for protesting military draft during WWI • Decision:
• Speech that presents “clear and present danger” to society is not protected by the 1st Amdt.
Escobedo v. Illinois • Facts:
– Escobedo arrested for murder – Asked for attorney, but was denied – Confessed to crime & was convicted • Decision:
– Conviction overturned.
– Suspects have right to attorney when arrested
Chief Justice Earl Warren
• During his time as C.J., Supreme Court was called “activist court” b/c of expansion of rights of accused
• Served from 1953 - 1969 – Mapp v. Ohio – Esobedo v. Illinois – Miranda v. Arizona – Gideon v. Wainwright
• All cases during Warren’s tenure as C.J.
Gitlow v. New York (1925)
• Gitlow, a socialist, was arrested with violating N.Y. law against advocating overthrow of the govt.
– Published a Socialist pamphlet • Decision:
– Supreme Court overturned the conviction
– States cannot violate 1st Amdt. right of free speech b/c of the 14th Amdt. due process clause
DeJonge v. Oregon (1937) • Facts:
• Decision:
– Supreme Court said 14th Amdt. due process clause applied to 1st Amdt. right to freedom of assembly
Brandenberg v. Ohio (1969) • Facts:
– Brandenberg was in KKK & made a speech promising “vengeance” against blacks & Jews
– Arrested for violating Ohio law against advocating violence • Decision:
– State cannot punish free speech unless it presents imminent danger of violence
Roe v. Wade
• Issue: Can states make laws banning abortion
