Supreme Court Cases Notes
Marbury
v.
Madison
(1803)
1800 election, Jefferson won presidency and Adams was leaving office
–
Just before leaving office, Adams created new jobs and began appointing his fellow Federalists to
those offices
–
William Marbury was one of those people. He was appointed as Justice of the Peace of D.C.
–
Adams’ secretary of state, John Marshall, was supposed to deliver the papers so Marbury would get
the job. But Marshall never delivered them
–
Jefferson told his secretary of state not to deliver the papers. This meant that Marbury would not
have the job after all.
–
Marbury appealed to the U.S. Supreme Court, asking it to issue a writ of mandamus (an order from a
court that some action be performed). Such writs had been authorized by the Judiciary Act of 1789.
Contitutional Issues of the Case:
–
1. Did Marbury have the right to the commission (job)?
–
2. Is so, was he entitled to some remedy under U.S. law?
–
3. Was the remedy to be a writ of mandamus from the Supreme Court?
Decision:
–
1. Yes, Marbury got the job once the appointment was signed by the president and the U.S. seal was
put onto the envelope.
–
2. Yes, Marbury was entitled to a legal remedy.
–
3. The remedy could not be a writ of mandamus thought, because such an order (given to the Supreme
Court by the Congress) was unconstitutional.
•
The constitution gives the Supr. Ct. original jurisdiction in only very limited circumstances. Issuing a writ of
mandamus would be an instance of the Supr. Ct. having original jurisdiction in a new type of case. The Constitution
does not give Congress the power to add new instances of original jurisdiction for the judicial branch, therefore
the Judiciary Act of 1789
Established principle of judicial review
Marbury v. Madison Cont’d.
– Supreme Court has
authority to
review/rule on actions
of other 2 govt.
branches
– Can say if a law is
unconstitutional
Miranda v. Arizona
(1966)
Police must inform suspects of
legal rights
Strengthened 5th Amdt. right
against self-incrimination
LT Effect: Anyone being arrested
must be read the “Miranda
Warning”
–
You have the right to remain silent. Anything you say can and will
be used against you in a court of law. You have the right to an
attorney present during questioning. If you cannot afford an
attorney, one will be appointed for you. Do you understand these
rights?
Miranda was retried and convicted
based on other evidence (besides his
confession). He served six years, moved
back to his old neighborhood, and sold
autograph signatures for police
officers’ Miranda Cards. He died later
in a bar fight in 1976
Tinker v. Des Moines (1969)
• Strengthened 1st
Amdt. rights of
students
– High school students
wearing armbands to
protest Vietnam War
• Schools can only limit
student expression
for valid reasons
Texas v. Johnson (1989)
• Flag-burning
falls under
protection
of 1st Amdt.
right to free
speech
Engel v. Vitale (1962)
• Banned prayer in
nation’s public
schools
– 1st Amdt. prohibits
govt. from
establishing a
religion
Almighty God, we acknowledge our
dependence upon thee, and we beg Thy
blessings upon us, our parents, our
teachers and our Country.
Regents of the Univ. of Calif. v. Bakke (1978)
• Supr. Court upheld
affirmative action
– Based on 14th Amdt. equal
protection clause
– Race can be used as
criterion for college
admission, but not racial
quotas
Furman v. Georgia (1972)
• Strengthened the 8th Amdt. (no
cruel and unusual punishment)
– States were applying d.p.
inconsistently based on race
– LT Effects:
• Required states to write guidelines for
when d.p. should apply
• Also, no death penalty for rape
Greg v. Georgia (1974)
Supr. Ct. d.p. was being applied
constitutionally
– Georgia had rewritten d.p.
laws to be applied
consistently
The night before his set date for execution, together with three other
condemned murderers, Gregg escaped from Georgia State Prison in
Reidsville in the first death row breakout in Georgia history. Dressed in
home-made prison guard uniforms, complete with fake badges, the four
had sawed through their cells' bars and then left in a car parked in the
visitors' parking lot by an aunt of one of them. Gregg was beaten to
death later that night in a bar fight in North Carolina. The other
escapees were captured three days later.[1]
Gideon v. Wainwright (1963)
• 6th Amendment
• All accused persons are
entitled to a lawyer
– States must provide
lawyers if conviction may
result in prison time
Mapp v. Ohio (1961)
• Evidence that is
obtained illegally
cannot be used in
court
• Strengthened 4th
Amdt. protection (no
unreasonable search
& seizure
Hazelwood v. Kuhlmeier (1988)
• School officials
can censor school
newspapers, etc.
• Weakened 1st
Amdt. rights of
students
School officials censored teen pregnancy
articles in the school newspaper
Bethel School District v. Fraser
(1986)
• Fraser punished
for giving
sexually explicit
speech at school
– School officials
can censor
student speech
– Weakened
students’ 1st
Amdt. rights
State of N.C. v.
Mann (1829)
• NC Supreme Court decided
slaves were property of
their owners
• Slave owners could not be
convicted for assaulting
slaves
• Court based decision on
state const., not whether it
was moral
Plessy v.
Ferguson
(1896)
• Established
principle of
“separate but
equal”
• Made segregation
legal
Segregated school, Arkansas, 1949
High school for
white kids in Prince
Edward County, VA
(1963)
High school for African
American kids in Prince Edward
County 1963
•
117 African-American high school students chose to strike rather than
attend all black Morton High, which was in need of physical repair. The
students initially wanted a new building with indoor plumbing to replace
the old school. Strike leader, Barbara Johns, enlisted the assistance of
NAACP attorneys. A suit was filed in 1951 on behalf of the students.
The U.S. District Court ordered equal facilities be provided for the
black students but "denied the plaintiffs admission to the white
schools during the equalization program." Attorneys for the NAACP
filed an appeal with the U.S. Supreme Court.
Brown v. Board of Education of
Topeka, Kansas (1954)
• Overturned Plessy v.
Ferguson
• Supreme Court
ordered
desegregation of
public schools
Leandro Case (1997)
• N.C. Supr. Ct. case
• All N.C. children have a
right to “equal
opportunity to receive a
sound, basic education”
• Suit was filed by poorer,
mostly African American
counties
Judge Manning continues to
fight for equal education for all
N.C. students
•
Swann v. Charlotte-Mecklenberg
U.S. Supr. Ct.
(1971)
• Extended Brown v. Board
of Education decision
• NC was forced to
dismantle “de jure” (by
law) segregation in school
• Upheld forced busing of
minority students to
ensure schools were
integrated
Korematsu v. U.S.
(1944)
• Japanese-Americans held in
interment camps during WWII
• Ct. said need to protect U.S.
from spies outweighed rights of
Japanese-Amer’s.
• Citizens’ rights may be taken
away in times of nat’l. crisis
• Mr. Korematsu’s conviction was
overturned in 1983
• Since then, money has been paid
to Japanese Americans who
were affected by the
imprisonment
Heart of Atlanta Motel v. U.S. (1964)
Heart of Atlanta Motel in Atlanta
refused to accept Black Americans in
violation of Civil Rights Act of 1964
– Did Congress, in passing Title II of the
1964 Civil Rights Act, exceed its
Commerce Clause powers by depriving
motels, such as the Heart of Atlanta,
of the right to choose their own
customers?
Decision
– Supr. Ct. said Commerce Clause of Art.
I of Const. allows Congress to pass
such laws
– Places that serve the public have no
"right" to select guests as they saw fit
McCulloch v Maryland (1819)
• Issue: Did the state of Md. have
the right to tax a fed. institution
(the U.S. Bank) located in its
state?
• Verdict
– The states could not tax the fed. govt.
– Upheld the idea of implied powers of
the Constitution
– State actions may not impede Congress
from anything that’s “necessary and
proper” to carrying out duties listed in
the Constitution (like managing federal
funds).
Chief Justice John Marshall
wrote the majority opinion
in this case
Gibbons v Ogden (1824)
Issue
– Gibbons had a license to run a ferry service
from U.S. govt. Ogden got an injunction
from state of N.Y. to make Gibbon stop.
– Does federal control over interstate
commerce? Can a state law interfere with
this power of Congress?
Verdict
– Injunction against Gibbons was
unconstitutional
Impact
– The Commerce Clause of U.S. Const. gives
Congress power to regulate interstate
commerce
• Facts:
N.J. v. TLO (1985)
– T.L.O. was accused of smoking in the
girls' bathroom of her high school. A
principal at the school questioned her
and searched her purse, yielding a
bag of marijuana and other drug
paraphernalia.
• Question
– Did the principal’s search of
student’s belongings at school
violate the 4th & 14th Amdts?
• Decision:
– Probable cause is not needed in
school searches. Principal must
only have “reasonable
suspicion” and doesn’t need a
search warrant.
Schenk v. U.S. (1919)
•Schenk was arrested for
protesting military draft
during WWI
•Decision:
•Speech that presents
“clear and present danger”
to society is not protected
by the 1st Amdt.
Above, an anarchists rally in
Union Square, N.Y. Mr. Schenk
was an outspoken socialist.
Escobedo v. Illinois (1964)
• Facts:
– Escobedo arrested for murder
– Asked for attorney, but was
denied
– Confessed to crime & was
convicted
• Decision:
– Conviction overturned.
– Suspects have right to
attorney when arrested
Chief Justice Earl Warren
• During his time as C.J., Supr.
Ct. was called “activist court”
b/c of expansion of rights of
accused
• Served from 1953 - 1969
–
–
–
–
–
Mapp v. Ohio
Esobedo v. Illinois
Miranda v. Arizona
Gideon v. Wainwright
All cases during Warren’s tenure
as C.J.
Gitlow v. New York (1925)
• Gitlow, a socialist, was arrested
with violating N.Y. law against
advocating overthrow of the govt.
– Published a Socialist pamphlet
• Decision:
– Supr. Ct. overturned the conviction
– States cannot violate 1st Amdt. right
of free speech b/c of the 14th
Amdt. due process clause
Facts:
DeJonge v. Oregon (1937)
– DeJonge arrested for organizing
Communist Party & speaking
against U.S. govt. at their
meetings
Decision:
– Supr. Ct. said 14th Amdt. due
process clause applied to 1st
Amdt. right to freedom of
assembly
Brandenberg v. Ohio (1969)
• Facts:
– Brandenberg was in KKK &
made a speech promising
“vengeance” against blacks &
Jews
– Arrested for violating Ohio law
against advocating violence
• Decision:
– State cannot punish free
speech unless it presents
imminent danger of violence
Roe v. Wade (1973)
• Issue: Can states
make laws banning
abortion
• Decision: Right to
abortion is
protected by
constitutional right
to privacy (9th
Amdt.)