Marbury v. Madison • 1803 • Established judicial review (based upon Article III in Constitution and Judiciary Act of 1789) • Executive branch employees cannot go against congressional acts Chief Justice John Marshall William Marbury Plessy v. Ferguson 1896 • SC upheld a 1890 Louisiana law which provided for separate railroad cars for blacks and whites. Plessy was the one who was discriminated against. Ferguson was the judge who upheld the LA law. • Significance: legitimized segregation Brown v. Board of Education 1954 • The Court ( in a unanimous decision) declared state laws establishing separate public schools for black and white students unconstitutional. Overturned Plessy. • Oliver Brown, a parent in Little Rock, was the plaintiff. • Sig.: States cannot make and enforce “Jim Crow” laws Engel v. Vitale • 1962 • Opening school with a prayer violates the establishment clause of the First Amendment • Engel-one of parents who protested the school board approved prayer; Vitaleschool board president McCulloch v. Maryland • 1819 • Backed up the national government’s power to use the elasti clause to make laws; also the Supremacy Clause holds that th states cannot make laws that “punish” the national government • Maryland’s displeasure with a national bank Tinker v. Des Moines • 1969 • Defended students’ First Amendment rights in schools • Students wore black armbands to protest Vietnam War • Established the “Tinker Test:” If a student’s “speech” significantly disrupts school and inhibits learning, then it is NOT protected Mapp v. Ohio • 1961 • Incorporation of Fourth Amendment to apply to state law (unreasonable search and seizure) • Exclusionary Rule • Mapp-woman who refused to allow police to enter home without warrant—she was suspected of having bombs, they came in anyway and found obscene material..arrested her and she was found guilty • Conviction overturned Roe v. Wade • 1973 • Right to privacy extended to include a woman’s right to have an abortion until viability (9th Amendment) • Roe-alias of Jane McCorvey who lied to doctor about need for abortion (said was raped); Wade-District Attorney for TX Texas v. Johnson 1989 • Gregory Johnson served a year in prison for burning an American flag in protest. • Sig.: The SC upheld the lower appeals court decision that declared flag burning as a legitimate freedom of expression as guaranteed in the First Amendment. Gideon v. Wainwright • 1963 • Incorporation of 6th amendment to states • States are required to provide legal counsel in criminal cases if one cannot afford an attorney • Wainwright-Sec. of FL dept of corrections. Gideon-accused of burglary, lost trial when had to defend self—5 yrs in jail-appealed to SC University of California v. Bakke • 1978 • Ruled it is unconstitutional for universities to have a requisite # of students based solely on race with a different admissions procedure • Violates 14th- Equal Protection • Schools CAN consider race as a “plus” factor, but cannot set aside seats, which inherently also makes race a “negative factor” • Bakke-white applicant to med school Baker v. Carr • 1962 • Redistricting (a state reserved power) is actually justiciable-is there “standing”-the ability to bring it to a court; allowing the SC to check the powers of state govts. • Baker-Repub. Who lived in Memphis who felt the districts were drawn unfairly, violated 14th amendment. Carr-sec of state for TN Katz v. US 1967 • Charles Katz used a pay phone to conduct illegal gambling. He was caught by FBI & convicted. • Sig.: The Supreme Court ruled in favor of Katz, claiming that a conversation is protected from unreasonable search and seizure (4th amendment) Miranda v. Arizona • 1966 • A suspect’s responses to police interrogation is admissible in court only if he has been informed of his right to an attorney (5th ). • Ernesto Miranda arrested on charges of kidnapping and rape—he confessed & was convicted—ACLU took his case to SC • SC ordered conviction overturned; retrial; guilty again Reynolds v. US • 1878 • A member of LDS challenged anti-polygamy laws, claiming a violation of 1st Amendment freedom of religion. • The Court ruled unanimously that a law banning polygamy was constitutional, and did not infringe upon individuals’ First Amendment right to free exercise of religion. Korematsu v. US 1944 • In WWII, Japanese-Americans were forced to relocate to internment camps for the duration of the war. Korematsu-violated the executive order. • Sig.: The SC sided with the national government and upheld Korematsu’s arrest because they said the need for national protection outweighed an individual’s rights. Lemon v. Kurtzman • 1971 • States cannot give funding to churchsponsored schools…such actions violate the establishment clause of the First Amendment • Lemon-PA teacher that claimed the actions of the state violated separation of church and state; Kurtzman-superintendent of schools in PA • Established the “Lemon Test” Bush v. Gore 2000 • In the 2000 presidential election, there was a controversy surrounding the recounting of ballots. • The Court ruled in favor of Bush stating that the method recount violated the 14th amendment’s equal protection clause. Schenck v. US • 1919 • A man was convicted for circulating pamphlets urging resistance to the draft • Established the "clear and present danger" test to determine when a state could constitutionally limit an individual's free speech rights under the First Amendment. Bethel School District v. Fraser 1986 • Matthew Fraser was suspended from school for making a speech full of sexual double entendres at a school assembly. • Sig.: The Supreme Court held that his suspension did not violate the First Amendment bc the 1st amendment doesn’t cover vulgar speech Morse v. Frederick • 2007 • The First Amendment does not protect student speech (at school sponsored event) that can be viewed as promoting illegal activities • “Bong Hits 4 Jesus”