AP Exam Review Chief Justice John Marshall Appointed by President John Adams Turned the US Supreme Court into a coequal branch of the federal government; strengthened the Supreme Court at the expense of the other federal branches, expanded federal power at the expense of states, protected the terms of business contracts, and upheld the loose interpretation of the Constitution’s elastic clause. Chisolm v GA 1793 – citizens on one state have the right to sue another state in federal court Marbury v Madison 1803 – doctrine of judicial review is established Dartmouth College v Woodward 1819 – Upheld the validity of contracts McCulloch v Maryland 1819 – Congress could charter a bank under the necessary and proper clause of the Constitution Gibbon v Ogden 1824 – the federal government has the authority to regulate interstate commerce Cherokee Nation v US 1831– first attempt by the Cherokee nation to seek redress in its dealings with the state of GA over land confiscation Worcester v GA 1832 – federal jurisdiction over Indian affairs is absolute, leaving no room for state authority; generally ignored by Georgia Ex Parte Merryman 1861 – a person could not be denied a writ of habeas corpus if arrested; (case grew out of the decision by Lincoln to suspend the writ of habeas corpus in Maryland) Ex Parte Milligan 1866 – military tribunal cannot try civilians, even during wartime, in areas where civil courts are open Texas v White 1869 – states cannot secede from the Union Hepburn v Griswold 1870 – decided against the use of paper money as legal tender Knox v Lee 1871 – reversed the Hepburn case above; advocated using paper currency Wabash, St. Louis and Pacific Railway Co v Illinois 1886 – individual states had no power to regulate interstate commerce Pollock v Farmers Loan and Trust Company 1895 – declared the first federal income tax law unconsitutional Northern Securities Co v US 1904 – a holding company formed for the express purpose of limiting competition is guilty of restraint of trade and in violation of the federal antitrust acts Schenck v US 1919 – freedom of speech may be curtailed if exercising that right posed a “clear and present danger” to others or to the state Smith v Allwright 1944 – overruled practices like the “all-white” primary in choosing state and national officials Korematsu v US 1944 – upheld the 1942 removal of Japanese-Americans to relocation centers in inland camps; declared within the combined war powers of Congress Chief Justice Earl Warren Appointed by President Eisenhower The Warren Court served during an era of democratic progress especially in the area of rights of minority groups and for individuals. Mapp v Ohio 1961 – illegally obtained evidence may not be used as evidence in a state criminal proceeding Engle v Vitale 1962 – ended public school prayer Baker v Carr 1962 – allowed the question of reapportionment to be brought up in federal courts Gideon v Wainwright 1963 – court-appointed attorney if defendant were unable to pay for their own Escobedo v Illinois 1964 – police may not use information from prosecution that was obtained from a suspect who was not first advised of his right to counsel Miranda v AZ 1966 – expanded the Escobedo ruling by adding that a suspect must also be informed of his right to remain silent Chief Justice Warren Burger Appointed by President Nixon The appointment of Warren Burger to Chief Justice was seen my many as a return to “strict construction” and judicial self restraint. Many thought that the Warren Court was too eager to impose liberal social theories to the laws and Constitution. • New York Times v US 1971 – protected 1st Amendment freedom of the press regarding the publishing of the Pentagon papers • Furman v GA 1972 – nullified the death penalty in the US for being to capriciously applied (to the poor/black) • Roe v Wade 1973 – legalized abortion through the second trimester of pregnancy; right to privacy • Gregg v GA 1976 – Supreme Court ruled that death penalty my be carried out in some states that had • University of California v Bakke 1978 – overturned racial quotas for some admissions programs; “reverse discrimination” case • New Jersey v T.L.O 1985 – searching a student’s handbag is justified if there is a reasonable grounds for suspecting the search will yield evidence that laws or school rules are being broken Chief Justice William H Rehnquist Appointed by President Reagan Texas v Johnson 1989 – upheld the freedom of speech/expression when court ruled that individuals could burn the US flag in protest. Ewing v CA 2003 – upholds California’s “Three-Strike” law (life imprisonment when convicted of third felony)