
Important
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Court Case
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Year
|
Situation
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Right or Issue
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Court Decision
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Marbury v. |
1803 |
The Court was asked to decide if a man should receive an
appointment as a justice of the peace. |
Federalism, Separation of Powers |
This case established the Court’s power of judicial review [power to
declare law/action constitutional or not.]. SC declared the law creating Marbury’s job unconstitutional. |
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Engel v. Vitale |
1962 |
A short, voluntary prayer was said in NY schools at the
start of each day |
1st Amendment: Establishment of religion |
Sponsorship of a prayer by a school was unconstitutional |
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|
1963 |
Students read 10 Bible verses and recited the Lord’s
Prayer in the morning; they could be excused with a parent’s note. |
1st Amendment: Free Exercise &
Establishment of Religion; 14th Am.: Equal Protection of the Laws |
Even being excused from a religious activity in school
does not make it constitutional. |
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Furman v. |
1972 |
The defendant received the death penalty for killing a man
while burglarizing a home. |
8th Amendment: Cruel and unusual punishment |
Capital punishment is constitutional; however, it cannot
be automatic. |
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|
|
1995 |
A student refused to take the random drug tests his school
system required for participation in athletics. |
4th: Unreasonable Search |
Individual privacy rights may be limited due to the need
for security and safety in a school setting. |
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Plessy v. |
1896 |
A state operated separate railroad cars for Black and
White passengers. |
14th: Equal Protection of the Laws |
“Separate but equal” facilities were ruled constitutional |
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Brown v. Board of Education |
1954 |
Black children were denied admission to public schools
attended by White children. |
14th Amendment: Equal Protection of the Laws (Racial Discrimination) |
“Separate but equal” schools were really unequal, and,
therefore, unconstitutional; starts
process of desegregation of schools |
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|
|
1978 |
A White male was denied entry into medical school that had
reserved 16 of 100 spots for minorities. |
Affirmative Action; !4th Amend> EPOTL [AA =
“reverse discrimination] |
Affirmative action programs may use race as one (but not the only ) factor in
selecting from applicants |
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Johnson
|
1989 |
A man was sentenced to jail for burning an American flag
as part of a protest. |
1st Amendment: Freedom of Speech (Expression) |
A form of speech may not be prohibited because it is
“offensive or disagreeable.” |
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|
Tinker v. |
1969 |
Three students were suspended for wearing prohibited black
armbands to protest the Vietnam War. |
1st Amendment: Freedom of Speech (Expression) |
Students may wear clothing that is not disruptive and which
does not infringe others’ rights. |
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Roe v. Wade |
1973 |
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14th Amendment: “Right to privacy” |
States cannot ban abortions during the first trimester. |
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Korematsu v. |
1945 |
The |
Power to declare war; Power to command armed forces; Equal
protection of the law |
The President had the authority to order this, even if it
did affect only Japanese-Americans. |
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Gideon v. Wainwright (p. 439, 459) |
1963 |
The defendant in a breaking and entering case asked for a
lawyer because he could not afford one, but was refused. |
6th Amendment: Right to an attorney; 14th
Amendment: EPOTL |
As a result of this case, lawyers (public defenders) are
now provided for defendants who cannot afford one. |
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|
Swann v. Charlotte-Mecklenburg |
1971 |
Many schools in this system were still over 99% Black. |
14th Amendment: Equal Protection of the Laws; also Federalism & Judicial Power |
The court ordered busing of students to achieve
desegregation. An example of judicial activism |
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|
|
1832 |
A state violated treaties the federal government had made
with the Cherokee Indians. |
Federalism |
President Jackson refused to enforce this Supreme Court
order. |
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|
New York Times
v. |
1971 |
The Nixon administration attempted to prevent the
publication of classified papers (the “Pentagon Papers”) regarding the
Vietnam War. |
1st Amendment: Freedom of the Press |
The govt. must prove harm to the nation’s security would
occur to prevent publication of something |
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|
Wallace v. Jaffree |
1985 |
An |
1st Amendment: Establishment Clause |
The Court said the state was not neutral toward religion
because the intent was to allow prayer. |
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Dred Scott v. |
1857 |
A slave claimed he was free because his owner had moved
into a “ |
Slavery; Citizenship |
The Court declared that Blacks were not US citizens. This
decision was reversed by the 13th and 14th Amendments. |
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|
Mapp v. |
1961 |
Police enter a home and gather evidence without a search
warrant. |
4th: “unreasonable search and seizure”; |
In state courts, as well as federal, illegally seized
evidence could not be used. (Exclusionary
Rule) |
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|
|
1974 |
The President refused to hand over recordings that had
been subpoenaed by Congress, claiming “executive privilege.” |
Separation of Powers |
The right to executive privilege is limited primarily to
military or diplomatic affairs. |
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Gibbons v. |
1824 |
Out-of-state steamboats had to pay high fees to navigate
in NY waters. |
States Rights or Federal Power (Federalism); power to regulate interstate commerce |
Because of the Supremacy Clause, Congress has authority to
regulate interstate trade on waterways. |
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|
Schenck v. |
1919 |
During WWI a man was arrested for passing out pamphlets
urging resistance to the draft. |
1st Amendment: Freedom of Speech |
Freedom of speech can be limited when it poses a “clear
and present danger” to others. |
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|
Hazelwood v. Kuhlmeier |
1988 |
A principal ordered two articles withheld from a school
newspaper. |
1st Amendment: Freedom of Speech |
Schools may refuse to sponsor some student speech based on
content. |
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|
Miranda v. (p. 438) |
1966 |
The defendant was questioned & made a confession w/o a
lawyer present. |
5th Amendment: no self-incrimination; 6th
amendment: right to an attorney |
Because of this case, defendants are told they have the
right to remain silent & to have a lawyer |
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|
Gault v. (in re Gault) |
1967 |
A juvenile was tried without attorney present, without
facing his accuser; he also received a stiffer sentence than an adult would
have. |
5th Amendment: Due Process of law |
Due Process applies to juveniles as well as adults. |
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|
|
1985 |
A 14-year-old was accused of smoking in the bathroom; her
purse was searched and drugs were found |
4th Amendment: Unreasonable Search and Seizure;
14th Amend.: Equal Protection of the Laws |
“Reasonable suspicion” is grounds for a search in a school
setting; no warrant is needed. |
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|
McCullough v. |
1819 |
The state of |
Federalism, Implied Powers |
Congress may do things (such as establish a bank) not
listed in the Constitution due to the necessary and proper clause; also, a
state may not intrude into the constitutional actions of the federal
government.
[Confirmed Implied Powers.] |
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|
Lemon v. Kurtzman |
1971 |
Several states provided financial assistance to pay for
books, supplies, and teachers’ salaries in Catholic schools. |
1st Amendment: Establishment of Religion |
The Lemon Test: Govt. involvement with a religious
activity should (1) have a secular purpose; (2) neither advance nor inhibit
religion, and (3) avoid excessive entanglement of govt. and religion. |
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|
Reynolds v. Simms |
1964 |
|
14th Amendment: Equal Protection of the Laws |
Established the “one person, one vote rule”: voting
districts must be nearly equal in population |
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|
Klopfer v. |
1967 |
A |
6th Amendment: Speedy Trial; 14th
Amendment: EPOTL |
Due Process must be followed by states, as well as to the
federal government. |
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|
Bush v. Gore |
2000 |
The Presidential election in |
EPOTL (14th) |
SC stopped recount, effectively gave Presidency to Bush. |
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| Bayard v. Singleton | 1787 | Loyalist Elizabeth Byard attempted to reclaim property seized during the Revolutionary War. | Judicial Review, on a state level | Court stuck down the Confiscation Act. |
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| State v. Mann | 1830 | Slaveholder John Mann was convicted for beating his slave. | Slavery | The State Supreme Court ruled slavery was legal, but questioned its morality. |
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| Leandro v. |
2002 | Five NC counties (which spend much less per pupil than other NC counties) claimed the state was not giving their children “adequate or educational opportunities.” | NC Constitution Article I, Section 15: “The people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right.” | The state constitution does not require equal funding of education. However, Judge Howard Manning orders the state “to remedy the Constitutional deficiency for those children who are not being provided (1) well-trained teachers, (2) effective principals, and (3) sufficient school funding. |
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