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SUPREME COURT CASES

SUPREME COURT CASES. Marbury v Madison. What say?. This case establishes the Supreme Court's power of judicial review. Constitutional basis: supremacy clause. McCulloch v Maryland. Congress can create a national banK under the Necessary and Proper Clause.

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SUPREME COURT CASES

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  1. SUPREME COURT CASES

  2. Marbury v Madison What say? This case establishes the Supreme Court's power of judicial review. Constitutional basis: supremacy clause

  3. McCulloch v Maryland • Congress can create a national banK under the Necessary and Proper Clause. • Increases federal government power. • States cannot tax federal government. • Power to tax is the power to destroy. States can’t destroy federal government.

  4. Gibbons V Ogden • Congress controls interstate trade. • Increases federal power.

  5. Miranda v Arizona • Due process/Self- Incrimination • Does the fifth amendment guarantee that the police must tell you of your rights before questioning? • Must be read rights. • Extended the rights of the accused.

  6. Plessy v. Fergeson • Upheld polices of separate but equal. Later reversed in Brown v. Topeka

  7. Korematsu v US • U.S. can detain individuals during a time of crisis without due process of law. • Later apologized for action. • Shows we need to follow due process even in time of national emergency.

  8. Brown v. Topeka Board of Education • Overturned Plessy • Required integration in public schools • Ended segregation in public schools. • Example of flexibility and interpretation of the constitution.

  9. Mapp v Ohio • Establishes the exclusionary rule. • Evidence found illegally without a search warrant or probable cause is not admissable during the trial.

  10. Gideon v Wainwright • Right to an attorney. • Increases rights of the accused. • Protects due process of law. • Incorporates 6th amendment to states using 14th

  11. Reynolds v. Sims • Required legislative districts to be equal in population • Established one-man, one-vote principle

  12. In Re Gualt • Due process must still be followed in juvenile cases. • The due process is different than that of adults but it must be followed.

  13. Tinker v. Des Moines • Students have freedom of expression as long as it does not interfer with the learning process.

  14. Roe v. Wade • Court ruled that the woman’s right to an abortion is protected by her right to privacy and the fourteenth amendment. A woman’s right to an abortion is unlimited in the first trimester.

  15. Texas v Johnson • Burning the flag is guaranteed as a freedom of expression • Protects freedom of expression under the first amendment.

  16. N.J. v. T.L.O • Permits school officials to search students and their materials without a search warrant

  17. Furman v Georgia • Declared the process for determining who gets the death penalty to be unconstitutional. • It did not say the death penalty was unconstitutional; • It required states to set up a due process for determining who would be eligible for it.

  18. Bakke v. Regents of California • Reverse discrimination is not permitted • Colleges can’t use race as the only determining factor in admissions

  19. Bethel v. Frasier • Case upheld limiting a student’s freedom of speech if speech is lewd or offensive by community standards

  20. Hazelwood v. Kuhlmeier • Upheld the right of educators to limit what can be published in the school newspaper

  21. Engel v. Vitale • Struck down prayer in school. • No state led, mandatory prayer in school.

  22. Swann v. Charlotte Mecklenburg • Said no rigid guidelines could be established concerning BUSING of students to integrate schools

  23. Heart of Atlanta v. U.S. • Prohibited racial discrimination by businesses on the interstate commerce clause

  24. US v Nixon • President does not have complete executive privilege. • Can’t claim executive privilege when covering up a crime. • Watergate issue.

  25. The Leandro Case • Students of North Carolina have the right to a quality education • Does not require equal funding by each educational administration

  26. Mann v. N.C. • Slaveholders couldn’t be punished for beating their slaves as slaves were considered property • Issue is state authority.

  27. Schenck v. U.S. • Established the “clear and present danger” rule; • Upheld conviction of WWI protester: • 1st amendment issue

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