CHAPTER 5: LANDMARK SUPREME COURT
CASES
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NAME
MARBURY V. MADISON – “If it weren’t for this case, we wouldn’t be covering this” (1803)
SUMMARY: William Marbury was appointed as a federal judge by John Adams the night before he handed the
office over to Thomas Jefferson (Known as the “Midnight Judges”. Jefferson refused to carry out the
appointment, so Marbury sued for his job. The Court ruled Marbury was entitled to the position, but the court
couldn’t force it since it would violate Article 3.
 SIGNIFICANCE: This court case established the power of JUDICIAL REVIEW for the Supreme Court.
 CONSTITUTIONAL REFERENCE: Article 3 (Judicial Branch)
PLESSY V. FERGUSON – “Segregation Debate: Part One” (1896)
SUMMARY: Homer Plessy was 1/8th African-American, which meant he was treated as if he were an AfricanAmerican. Summing it up, he sat in the “white” section on a train and was arrested. The Court ruled that the
current segregation system was fine, as long as everything was equal.
 SIGNIFICANCE: Ruled “separate but equal” WAS constitutional.
 CONSTITUTIONAL REFERENCE: Amendment 14 (Equal treatment/due process)
BROWN V. BOARD OF EDUCATION – “Segregation Debate: Part Two” (1954)
SUMMARY: Oliver Brown wanted to enroll his daughter in a nearby school. Problem was, it was a “white
school.” She was denied admission, so Brown sued. The Court reversed it’s own earlier decision, saying
“separate but equal” was just impossible, thus striking it down.
 SIGNIFICANCE: Ruled “separate but equal” WAS NOT constitutional.
 CONSTITUTIONAL REFERENCE: Amendment 14 (Equal treatment/due process)
TEXAS V. JOHNSON – “Flag-burning case…” (1989)
SUMMARY: Gregory Johnson set an American flag on fire during a protest against Ronald Reagan. He was
arrested for “desecrating a venerable object.” Johnson appealed, on the basis his actions were protected by the
1st amendment. The Court agreed.
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 SIGNIFICANCE: Ruled ACTS OF EXPRESSION were protected by the 1 amendment.
 CONSTITUTIONAL REFERENCE: Amendment 1 (Freedom of Speech)
TINKER V. DES MOINES – “Kids wearing armbands…” (1969)
SUMMARY: After the Des Moines school board prohibited black armbands in schools, three kids decided to wear
them anyways and got suspended. The parents argued the ban violated the kids’ freedom of speech. The Court
agreed – sort of. The Court ruled students have the right to 1st amendment protection… AS LONG AS THE
ACTIONS ARE NOT DISRUPTIVE OR HARMS OTHERS.
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 SIGNIFICANCE: Ruled ACTS OF EXPRESSION are protected by the 1 amendment. (As as well as SYMBOLIC
speech)
 CONSTITUTIONAL REFERENCE: Amendment 1
MIRANDA V. ARIZONA – “The case any future criminal should know” (1966)
SUMMARY: Ernesto Miranda was arrested, questioned without a lawyer, and confessed to kidnapping and
raping a woman. With only his confession as evidence, Miranda was found guilty. Some felt Miranda didn’t get a
fair trial. The Court agreed and ruled that Miranda’s 5th amendment rights were violated and overturned the
conviction.
 SIGNIFICANCE: The police must inform you of your RIGHTS at the time of arrest.
 CONSTITUTIONAL REFERENCE: Amendment 5 primarily
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GIBBONS V. OGDEN – “omg… BOATS” (1824
SUMMARY: New York tried to grant a monopoly to Aaron Ogden to run a ferry boat through NY. Thomas
Gibbons (who had a federal license) tried to run his ferry through NY, which caused Ogden to sue Gibbons,
saying that NY only gave him permission to sail NY waters. (In other words, this case concentrated on who had
more “pull”: the state or federal government?) The Court ruled in favor of the federal government – based on
two things: a) The Supremacy Clause, and b) Congress’ power to regulate commerce (or trade).
 SIGNIFICANCE: “Re-affirmed” the SUPREMACY CLAUSE (Federal > State)
 CONSTITUTIONAL REFERENCE: Article 1
McCOLLUCH V. MARYLAND – “What does a bank got to do with making laws?” (1819)
SUMMARY: U.S. Congress started a national bank (2nd Bank of US). This angered the states, since the federal
bank economically hurt the state-chartered banks. Maryland imposed a tax on banks not chartered by the state,
which angered the US government. The states argued that Congress had no right to start a bank, since it had
nothing to do with making laws. The Court ruled for the federal government however, saying that Congress
could legally do so according to the “Necessary and Proper/Elastic Clause” which grants them implied powers.
 SIGNIFICANCE: Re-affirmed” the NECESSARY AND PROPER CLAUSE (see chapter 3)
 CONSTITUTIONAL REFERENCE: Article 1 (section 18 if you want to get specific)
MAPP V. OHIO – “Do you got a search warrant?” (1961)
SUMMARY: Dolree Mapp was suspected of hiding a fugitive in her home. When police arrived to search, she
asked for a search warrant – which the police did not have. They forcibly searched anyways and discovered
“illegal” items. Her lawyer argued that the “illegal items” were seized without a proper search warrant, so they
shouldn’t be admissible in trial. The state argued that the “exclusionary rule” (illegally-seized evidence couldn’t
be used at trial) only applied to the federal government. The Court sided with Mapp, establishing that the
exclusionary rule applies to states as well.
 SIGNIFICANCE: EVIDENCE seized illegally cannot be used at trial
 CONSTITUTIONAL REFERENCE: Amendment 4 (Search and Seizure)
REGENTS OF THE UNIVERSITY OF CALIFORNIA V. BAKKE – Affirmative Action (1978)
SUMMARY: Alan Bakke applied to medical school on several occasions and was denied. Bakke noticed that
minorities were getting accepted, despite possessing lower scores. Bakke sued on the basis that college’s
different requirements for entry (minorities had lower requirements in order to fulfill quota requirements) and
affirmative action violated the 14th amendment. The Court sided with Bakke on one part – that the college using
race as the primary factor to determine acceptance is illegal.
 SIGNIFICANCE: Using RACE as the defining criteria is unconstitutional.
 CONSTITUTIONAL SIGNIFICANCE: Amendment 14 (Equal treatment/due process)
GIDEON V. WAINWRIGHT – “I want a lawyer…” (1963)
SUMMARY: Gideon was on trial for burglary charges. He asked for a lawyer (he couldn’t afford one) and was
denied since Florida only provided lawyers in capital cases back then. While he was in prison, the Court reviewed
Gideon’s case and sided with Gideon. They remanded his case back to trial and he was tried again… with a
lawyer.
 SIGNIFICANCE: If you cannot afford a LAWYER, the state must provide one.
 CONSTITUTIONAL REFERENCE: Amendment 6 (Rights at Trial)
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SWANN V. CHARLOTTE-MECKLENBURG B.O.E – “Buses!” (1971)
SUMMARY: Schools were forced to integrate after the Brown v. Board decision. Some schools had difficulty in
integrating since most neighborhoods were segregated (which determined what school you went to). The
federal government ordered those school districts to bus the kids to different schools. The parents and schools
opposed this action, due to the cost and time (some kids had to sit on a bus over an hour). The Court sided with
the federal government, stating busing students to different schools did not violate the Constitution.
 SIGNIFICANCE: fixing racial imbalances by bussing kids to different schools was legal
 CONSTITUIONAL REFERENCE: Amendment 14
SCHENCK V. USA – “Freedom of speech DOES have its limits…” (1919)
SUMMARY: Charles Schenck, a USA socialist, wrote numerous articles insisting for American men to resist the
draft (for WW1). Schenck was arrested. Schenck argued that the 1st amendment protected him. The Court
disagreed, establishing the “CLEAR AND PRESENT DANGER” rule, which means that the 1st amendment doesn’t
apply in cases where a person’s actions can cause harm to others. (Dodging the draft is a felony).
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 SIGNIFICANCE: 1 amendment doesn’t protect if it results in the harm of others
 CONSTITUTIONAL REFERENCE: Amendment 1
KOREMATSU V. USA – “Individuals rights vs. National Security” (1944)
SUMMARY: After the Pearl Harbor attack, the US government ordered anyone of Japanese descent to be
relocated into “internment” camps. Fred Korematsu (among orders) ignored the order and was arrested.
Korematsu’s lawyers argued the government’s action violated the 14th amendment. The US government argued
that the need to protect national security against espionage outweighed an individual’s rights. The Court sided
with the federal government.
 SIGNIFICANCE: National security and preventing espionage comes before personal freedom.
 CONSTITUTIONAL REFERENCE: Amendment 14
HAZLEWOOD V. KUHLMEIER – “Freedom of press… in schools?” (1988)
SUMMARY: The principal at a high school in Missouri “censored” the student newspaper from printing two
articles in the school paper since he felt the topics were inappropriate. The parents sued the school, saying the
principal’s actions violated the students’ right to freedom of speech. The Court however, did not agree. The
Court said the 1st amendment in public schools is LIMITED, and schools posses the right to censor in order to
protect the school.
SIGNIFICANCE: Students have limited 1st amendment rights, schools can censor.
CONSTITUTIONAL REFERENCE: Amendment 1
ROE V. WADE – “Abortion…” (1973)
SUMMARY: Norma McCorvey tried to attain a state-assisted abortion in Texas (at the time, it was only allowed
for extreme circumstances) by lying about being raped. When her lie was discovered, she was prohibited from
getting an abortion. Her lawyers sued on the basis a woman had the right to get an abortion. The Court agreed.
 SIGNIFICANCE: A woman has the right to an abortion.
 CONSTITUTIONAL REFERENCE: Amendment 14 (with a few references to Amendment 9)
(note: this is one of the most highly controversial decisions – the debate still rages on)
REYNOLDS V. SIMS – “Legislators represent people….” (1964)
 SIGNIFICANCE: The Court ruled that states must draw up their voting districts according to population, not
by land area. This is to ensure everyone gets fair representation.
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LEANDRO V. NORTH CAROLINA – “Poor schools vs. the rich…” (1994) *NC CASE*
SUMMARY: Several counties, led by Hoke County, sued the state on the way schools were funded. They claimed
it was impossible for poor schools to offer the same education as the richer schools. The NC Supreme Court
ruled that every child has a right to an equal and basic education. As a result, poorer schools began receiving
more money. In addition, schools started to be monitored by the state by means of TEST SCORES. (This led to
the increased use of standardized testing in NC)
 SIGNIFICANCE: All children in NC are entitled to a free and sound education. More testing. EOC tests that
you all love and look forward to taking.
STATE V. MANN – “Slavery Debate” (1830) *NC CASE*
SIGNIFICANCE: Ruled slaveholders could not be prosecuted for crimes against slaves. IT DID however raise
the question of the “morality” of slavery, as an institution. (helped push the anti-slavery movement in the
USA)
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5.1 (Marbury v. Madison - Mapp v. Ohio)
1. What was the major significance of the Marbury v. Madison case?
2.What is judicial review?
3.What was the ruling in the Plessy v. Ferguson case?
4.What court case overturned the decision in Plessy v. Ferguson?
5.What amendment did Brown v. Board primarily deal with?
6.What was the decision rendered in Texas v. Johnson?
7.What was the decision rendered in Tinker v. Des Moines?
8.What amendments did the Miranda v. Arizona case clarify?
9.What was the major result of the decision in the Miranda v. Arizona case?
10.Which part of the Constitution did the Marbury v. Madison case concentrate on?
11. Which two cases ended up demonstrating that the federal government was more powerful than state
governments?
12. Which case “affirmed” Congress’s elastic clause?
13. What was the major result of the Mapp v. Ohio case?
5.2: rest of the cases
14. What was ruled constitutional and unconstitutional in the Regents v. Bakke case?
15. What amendment was determined to be violated in the Gideon v. Wainwright case?
16. What did the Supreme Court rule to be constitutional in the Swann v. Charlotte-Mecklenburg court case?
17. What was every child entitled to according to the Leandro v. NC case?
18. According to the Leandro case, if the school system could not do their job – then who would take control?
19. What was the significance of the Marbury v. Madison case?
20. What was the significance of the Korematsu v. US case?
21. What did the Court state about the 1st amendment for students in public schools?
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