1989

A man was sentenced to jail for burning an American flag as part of a protest.

(Freedom of Expression)

A form of speech may not be prohibited because it is “offensive or disagreeable.”

Swann v. Charlotte-Mecklenburg

1971

Many schools in this system were still over 99% Black.

also Federalism & Judicial Power

The court ordered busing of students to achieve desegregation. An example of judicial activism.

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.

1973

Texas law prohibited a woman from having an abortion.

“Right to privacy”

States cannot ban abortions during the first trimester.

1971

The Nixon administration attempted to prevent the publication of classified papers regarding the Vietnam War.

Freedom of the Press

The govt. must prove harm to the nation’s security would occur to prevent publication of something

1995

A student refused to take the random drug tests his school system required for participation in athletics.

Search and Seizure

Individual privacy rights may be limited due to the need for security and safety in a school setting.

Ferguson

1896

A state operated separate railroad cars for Black and White passengers.

14^th Amend.: Equal Protection of the Laws (Racial Discrimination)

“Separate but equal” facilities were ruled constitutional

1832

A state violated treaties the federal government had made with the Cherokee Indians.

Federalism

President Jackson refused to enforce this Supreme Court order.

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.

1963

The defendant in a breaking and entering case asked for a lawyer because he could not afford one, but was refused.

Equal Protection of the Laws.

As a result of this case, lawyers are now provided for defendants who cannot afford one.

University of California v. Bakke

1978

A White male was denied entry into medical school that had reserved 16 of 100 spots for minorities.

14^th Amend.: Equal Protection of the Laws (Racial Discrimination); Affirmative Action

Affirmative action programs may use race as one (but not the only ) factor in selecting from applicants.

1969

Three students were suspended for wearing prohibited black armbands to protest the Vietnam War.

Freedom of Speech (Expression)

Students may wear clothing that is not disruptive and which does not infringe others’ rights.

Korematsu v. United States

1945

The US ordered Japanese-Americans into detention camps after the bombing of Pearl Harbor.

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.

1962

A short, voluntary prayer was said in NY schools at the start of each day

Establishment of Religion

Sponsorship of a prayer by a school was unconstitutional.

Dred Scott v. Sanford

1857

A slave whose owner had died claimed he was free because he was the resident of a free state.

Citizenship; Slavery

The Court declared that Blacks were not US citizens. This decision was reversed by the 13^th and 14^th amendments.

1966

The defendant was questioned & made a confession w/o a lawyer present.

5^th Amendment: no self-incrimination; 6^th amendment: right to an attorney

Because of this case, defendants are told they have the right to remain silent & to have a lawyer

1961

Police enter a home and gather evidence without a search warrant.

4^th Amendment: Search and seizure.

In state courts, as well as federal, illegally seized evidence could not be used.

1985

An Alabama law authorized teachers to a minute of silence to be used “for meditation or silent prayer.”

Establishment of Religion

The Court said the state was not neutral toward religion because the intent was to allow prayer.

1988

A principal ordered two articles withheld from a school newspaper.

Freedom of Speech

Schools may refuse to sponsor some student speech based on content.

1919

During WWI a man was arrested for passing out pamphlets urging resistance to the draft.

Freedom of Speech

Freedom of speech can be limited when it poses a “clear and present danger” to others.

1954

Black children were denied admission to public schools attended by White children.

(Racial Discrimination)

“Separate but equal” schools were really unequal, and, therefore, unconstitutional

1985

A 14-year-old was accused of smoking in the bathroom; her purse was searched and drugs were found

4^th Amendment: Unreasonable Search and Seizure; 14^th Amend.: Equal Protection of the Laws

“Reasonable suspicion” is grounds for a search in a school setting; no warrant is needed.

Abington School District v. Schempp

1963

Students read 10 Bible verses and recited the Lord’s Prayer in the morning; they could be excused with a parent’s note.

1^st Amendment: Free Exercise & Establishment of Religion; 14^th Am.: Equal Protection of the Laws

Even being excused from a religious activity in school does not make it constitutional.

Klopfer v. North Carolina

1967

Four African-American students conducted a sit-in at a Greensboro lunch counter in 1960. A Duke University professor was arrested for trespassing in a similar sit-in in Chapel Hill in 1964

6^th Amendment: Right to a speedy trial; also 14^th Amendment

Due Process must be followed by states, as well as to the federal government.

1964

Alabama law gave each county approximately the same number of state senators and representatives, regardless of population.

Equal Protection of the Laws

Established the “one person, one vote rule”: voting districts must be nearly equal in population

1972

The defendant received the death penalty for killing a man while burglarizing a home.

Cruel and unusual punishment

The death penalty cannot be an automatic penalty for a crime; conviction and sentencing must be separate.

Lemon v. Kurtzman

1971

Several states provided financial assistance to pay for books, supplies, and teachers’ salaries in Catholic schools.

1^st 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.

Gault v. Arizona

1967

A juvenile was tried without attorney present, without facing his accuser; he also received a stiffer sentence than an adult would have.

5^th Amendment: Due Process of law

Due Process applies to juveniles as well as adults.

1824

Out-of-state steamboats had to pay high fees to navigate in NY waters.

(Federalism); power to regulate interstate commerce

Because of the Supremacy Clause, Congress has authority to regulate interstate trade on waterways.

McCullough v. Maryland

1819

The state of Maryland attempted to tax the Second National Bank, but James McCullouch, the bank cashier, issued bank notes without paying the required tax.

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.

North Carolina Supreme Court Cases

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.

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.

Leandro v. North Carolina

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.