Historic Supreme Court Cases
Review
• 1. Slaves could not sue in federal courts
because they were considered property
and not citizens. Congress could not force
new states to be slave or free states it was
a reserved power.
• Constitutional Issue: Reserved powers
• 2. Freedom of Speech could be limited
during times of war if it presented a “clear
and present danger” to the country.
• Constitutional Issue: 1st amendment;
freedom of speech
• 3. Outlawed prayer in public schools
because they violated the establishment
clause.
• Constitutional Issue: 1st amendment;
freedom of religion
• 4. School attendance laws violated
freedom of religion by forcing Amish
citizens to learn against their wills.
• Constitutional Issue: 1st amendment;
freedom of religion
• 5. The death penalty is constitutional if it is
used for a crime that fits the penalty and
factors other than race should be used.
• Constitutional Issue: 8th amendment; cruel
and unusual punishment.
• 6. The death penalty is unconstitutional if it
can not be proven that factors other than
race were used.
• Constitutional Issue: 8th amendment; cruel
and unusual punishment
• 7. This case ruled that the judicial branch
had the power to review a law to see if it
was constitutional (judicial review)
• The constitutional issue: Judicial Review
• 8. Affirmative Action is constitutional for
college admissions as long as race is not
the only factor used for admission
• Constitutional Issue: 14th amendment;
equal protection of the law
• 9. Law officials must notify accused
persons of their rights when they are taken
into custody.
• Constitutional Issue: 5th amendment; selfincrimination.
• 10. Declared that state laws requiring the
separation of races was constitutional as
long as the states provided “separate but
equal” facilities.
• Constitutional Issue: Reserved Powers
• 11. Evidence obtained by law officials in
“good faith” is still admissible (usable) in
court even if a search warrant shouldn’t
have been issued.
• Constitutional Issue: 4th amendment –
searches and seizures
• 12. Overturned Plessy v. Ferguson and
therefore outlawed segregation in public
schools.
• Constitutional Issue: 14th amendment;
equal protection of the laws.
• 13. State governments can not tax an
agency of the federal government and the
national bank is constitutional.
• Constitutional Issue: Supremacy Clause
• 14. School officials only have to have
“reasonable cause” to search students
suspected of crimes on school grounds
and do not need a search warrant to do
so.
• Constitutional Issue: 4th amendment;
searches and seizures
• 15. Student’s rights to freedom of speech
can not be limited when they do not
disrupt the learning process in schools.
• Constitutional Issue: 1st amendment;
freedom of expression
• 16. States can not regulate interstate trade
because it is a power given to the federal
government by the Constitution.
• Constitutional Issue: Expressed powers,
Supremacy Clause
• 17. Flag burning was constitutionally
protected as a means of free expression.
• Constitutional Issue: 1st amendment;
freedom of expression.
• 18. Freedom of assembly could not be
dismissed as disturbing the peace in order
to break-up a protest.
• 1st amendment; freedom of assembly.
• 19.States did not have to provide an
attorney in criminal cases unless the
accused person was on trial for a capital
crime or there were special circumstances,
such as illiteracy.
• Constitutional Issue: 6th amendment, right
to an attorney
• 20. Freedom of religion was
constitutionally protected, but religious
practices could not break the law.
• Constitutional Issue: 1st amendment;
freedom of religion.
• 21. The government can not limit freedom
of the press for information that was given
to newspapers voluntarily, if it does not
violate national security.
• Constitutional Issue: 1st amendment;
freedom of press
• 22. The government could limit the
freedom of citizens during times of war.
Therefore the prison camps for Japanese
Americans did not violate the Constitution.
• Constitutional Issue: 5th and 6th
amendments; Expressed powers
• 23. State laws barring abortion are
unconstitutional that ban abortions prior to
the time that the baby can live without the
mother.
• Constitutional Issue: 9th amendment; right
to privacy.
• 24. States must follow the fourth
amendment when gathering evidence and
upheld the “exclusionary rule”, that
evidence obtained illegally is not
admissible in court.
• Constitutional Issue: 4th amendment;
searches and seizures
• 25. The president can not use “executive
privilege” to protect himself, but only for
matters that affect national security.
• Constitutional Issue: Checks and Balances
• 26. Law officials not only had to have a
search warrant to enter a home, but
evidence obtained without a warrant was
inadmissible in court, the “exclusionary
rule”
• Constitutional Issue: 4th amendment;
exclusionary rule.
• 27. States must provide an attorney in all
criminal cases even if the accused can not
afford one.
• Constitutional Issue: 6th amendment; right
to an attorney.
• 28. Schools do not violate the first
amendment by controlling the content of
school newspapers.
• 1st amendment; freedom of the press
• 29. Students freedom of speech can be
limited at school if it causes a disruption
and when needed.
• Constitutional Issue: 1st amendment;
freedom of speech
1. Dred Scott vs. Sanford (1857)
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2. Schenk v. United States (1919)
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3. Engel v. Vitale (1962)
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4. Wisconsin v. Yoder (1972)
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5. Gregg v. Georgia (1976)
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6. Furman v. Georgia (1972)
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7. Marbury v. Madison (1803)
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8. Univ. of California v. Bakke
(1978)
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9. Miranda v. Arizona (1966)
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10. Plessy v. Ferguson (1896)
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11. U.S. v. Leon (1984)
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12. Brown v. Board of Education
(1954)
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13. McCulloch v. Maryland (1819)
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14. New Jersey v. TLO (1985)
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15. Tinker v. Des Moines (1969)
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16. Gibbons v. Ogden (1824)
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17. Texas v. Johnson (1989)
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18. Gregory v. Chicago (1969)
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19. Betts v. Brady (1942)
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20. Reynolds v. U.S. (1879)
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21. NY Times v. U.S. (1971)
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22. Korematsu v. U.S. (1944)
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23. Roe v. Wade (1973)
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24. Mapp v. Ohio (1961)
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25. U.S. v. Nixon (1974)
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26. Weeks v. United States (1914)
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27. Gideon v. Wainwright (1963)
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28. Hazelwood v. Kuhlmeier (1988)
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29. Bethel v. Fraser (1986)
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