LANDMARK SUPREME COURT CASES NAME AND DATE OF CASE Marbury v. Madison BRIEF DESCRIPTION OF CASE PRESIDENT JOHN ADAMS APPOINTS PEOPLE TO HIGH POSITIONS THEN LEAVES OFFICE HOURS LATER. Jefferson refuses to appoint them. Plessy v. Ferguson African Americans could be provided 1896 “separate but equal” public facilities. SEGREGATION IS OK. Brown v. Board of Education of Topeka, Kansas 1954 NC STATE CASE Swann v. QUESTIONSPART OF CONST. Presidential power ---checks and balances – gave Supreme Court power. 14TH Overturned Plessy by saying you can never 14TH have “separate but equal”. Ends segregation in and on public grounds and begins integration in schools. 1965 BUSING. SEGREGATION. VERY IMPORTANT NC STATE CASE 1 OUTCOME OF CASE/SIGNIFICANCE JUDICIAL REVIEW (where the Supreme Court can declare laws unconstitutional). Gave USSC POWER ALLOWS SEGREGATION that is sep but = LOL!!! ENDS SCHOOL SEGREGATION FEDERAL COURTS CAN TELL STATES TO END SEGREGATION… CharlotteMecklenburg Board of Ed Dealt with “Bus Segregation” Gibbons owned a ferry operation with a Gibbons v. Ogden federal license, and Ogden had a NY license to do the same thing. Ogden tried to shut down the Gibbons ferry, and Gibbons sued to the Supreme Court. Korematsu v. US Japanese internment camps during WWII. Heart of Atlanta HOTEL REFUSED TO serve AFRICAN Motel, Inc. v. US AMERICANS. 1964. Furman v. Was no real SEGREGATION GUN GOES OFF WHEN DROPPED, KILLING PERSON. Furman gets death Article I, section 8 – “the commerce clause”. AND Supremacy Clause Gibbons wins – The Supreme Court said the NATIONAL GOVERNMENT REGULATES INTERSTATE COMMERCE/Supremacy WAR POWERS, 14TH ALLOWS FOR JAPANESE AMERICAN INTERNMENT CAMPS. 14TH and Civil Rights Act of 1964 TH 8 ,14th SUPREME COURT SAID THEY HAD TO ACCEPT ALL CITIZENS -- all public facilities had to accept all citizens. 9-0 DEATH PENALTY CAN BE CRUEL AND Georgia penalty. Death penalty Gregg kills two people in a robbery. Is the Gregg v. Georgia death penalty cruel and unusual in all 8TH cases? Gideon v. Wainwright Regents of the University of California v. Bakke New Jersey v. T.L.O. POOR GUY DIDN’T HAVE LAWYER AND WAS FOUND GUILTY. 6TH, Was retried with an attorney and found innocent. UNUSUAL IN CERTAIN CASES. DEATH PENALTY IN ITSELF IS NOT CRUEL AND UNUSUAL. EVERYONE HAS A RIGHT TO A LAWYER – EVEN POOR PEOPLE. Bakke (white guy) applies to college and is 14th, Civil denied admission. He suits claiming Rights act of discrimination because several African 1964. Americans with lower test scores are accepted. AFFIRMATIVE ACTION IS OK, BUT NO QUOTAS T.L.O. was a 14-year-old girl who was accused of smoking in the girls room at her high school. A principal then questioned her and searched her purse, yielding marijuana and other drug items plus a list of buyers. No. STUDENTS CAN BE SEARCHED WITHOUT PROBABLE CAUSE ON SCHOOL GROUNDS. Did the search violate the 4th and 14th amendments? Bethel School District v. Frasier Tinker v. Des Moines Hazelwood v. Kuhlmeier 1st amendment SCHOOLS MAY PROHIBIT VULGAR AND OFFENSIVE LANGUAGE. 1st amendment STUDENTS MAY WEAR ARMBANDS TO PROTEST . 1st amendment PRINCIPALS HAVE THE RIGHT TO EDIT / CENSOR STUDENT SPEECH. Student gives speech to 11-14 yr olds with sexual innuendo. Students wear black arm bands to protest the Vietnam war. Students publish articles about teen pregnancy and divorced parents in the student newspaper. 1st amendment. FLAG BURNING IS LEGAL Texas v. Johnson Johnson burns a flag in protest . Miranda v. Arizona Ernesto Miranda arrested for kidnapping and rape – found guilty after signed confession. Police admitted that Miranda had not been advised of his right to an attorney during questioning. 5TH AMENDMEN T – DUE PROCESS Miranda wins. A PERSON MUST BE READ HIS RIGHTS WHILE BEING ARRESTED. Mapp v. Ohio Dred Scott v. Sandford NY Times v. US US v. Nixon Police search a house without a search warrant, and find pornographic materials even though they were looking for a fugitive. Is this evidence admissible in court? 4TH AMENDMEN T No. NEED A SEARCH WARRANT OR EVIDENCE CANNOT BE USED! Dred Scott a slave -- his owner dies in a free state. Dred then sues the Supreme Court for his freedom. Missouri Compromise because there was no 14th Amendment yet. Slaves were not people, but property. This is a proslavery court decision. Roger B. Taney was Chief Justice. Pentagon Papers (classified info.) was 1st leaked to the NY Times. New York Times then prints information, and the United States takes them to the Supreme Court. Watergate audiotapes of Nixon (oops). Nixon states that "Executive Privilege" allows him to withold tapes from investigators. Article I and II of the Constitution dealing with Congress, the President, and 7-2 NY Times wins 6-3. Proves freedom of the press since the publication did not result in the immediate harm to the people. Court ruled against Nixon. Took power away from the President and gave more authority to Congress. Solidified Checks and Balances. Roe v. Wade Roe wanted to be allowed to have an abortion but it was against Texas law. McCulloch v. Maryland, 1819 National/Federal Bank versus Maryland’s(State) right to tax the bank Gibbons v Ogden When a federal and state law are in conflict, the federal law is supreme Gibbons had a federal permit for a steamboat business; Ogden had a state permit for the same waters. Siding with Gibbons, the Court said that, in matters of interstate commerce, the “Supremacy Clause” tilts the balance of power in favor of federal legislation. State v Mann NC State Case Executive power. 14th and 9th. Necessary and Proper/ Supremacy Clause In 1829, Elizabeth Jones, who owned a State slave named Lydia, hired her out for a year Constitutional to John Mann of Chowan County. Mann Supremacy Abortions are legal in the 1st trimester and in the second and third in certain circumstances (ie. if mother's life is at risk) 7-2 Necessary and Proper to establish banks Supremacy Supremacy Clause shot and wounded Lydia when she over Superior struggled to escape a whipping. Mann was Court/local law found guilty of battery by a jury of twelve white men drawn from his community and the court (Superior Court Judge Joseph J. Daniel) imposed a five dollar fine. The North Carolina Supreme Court overruled the conviction on the grounds that slaves were the absolute property of their owners who could not be punished at common law unless the legislature authorized such punishment.