Supreme Court CasesSupreme Court Cases

Issue: Separation of Church and State Facts: Some felt mandatory school prayer

violated "Separation of Church and State" Recent pledge/monument issues

Decision: Prayer in Public schools is unconstitutional

Issue: Freedom of Speech & Press and violated the Espionage Act

Facts: Schenck was protesting WWI by mailing out literature encouraging people to resist the draft b/c it violated the 13th Amendment

Decision: Speech can be limited if it presents a "Clear and Present Danger“. Rights are limited during wartime

Issue: 1st Amend and Students Rights Facts: Kids wanted to wear black arm

bands protesting the Vietnam Conflict Decision: Students are allowed to wear

arm bands as long as it doesn't interfere in the learning process

Issue: Rights of the Accused Facts: Police were searching a fugitive

from justice and did not have a search warrant but accidentally found pornography

Decision: Evidence not allowed in court without a legal search warrant

Issue: Rights of the Accused Facts: Florida didn’t allow the right to an

attorney for his crime. Gideon defended himself and lost. He appealed to the Supreme Court.

Decision: If you can't afford an attorney the court must appoint one to you

Issue: Rights of the Accused Facts: Denied his right to attorney during

police questioning but had knowledge the crime and was convicted of murder.

Decision: If you are going to be questioned by police you have the right to an attorney.

Issue: Rights of the Accused Facts: Accused of kidnapping and rape and

confessed but later said that he wasn’t informed of his rights. He appealed and his confession was dismissed but still convicted.

Decision: Time of your arrest you must be told of your rights "Miranda Rights"

Issue: Facts: Pres. Jefferson ordered Madison to not

give Marbury his judicial appointment and then sued for his appointment.

Decision: Supreme Court said Judiciary Act was unconstitutional and established "JUDICIAL REVIEW"

Issue: Federal Supremacy Facts: McCulloch a bank teller failed to

pay Maryland the tax on bank notes from the National Bank

Decision: Court ruled that states are not allowed to tax the federal govt.

Issue: Interstate Trade Facts: NY gave Ogden a monopoly over

the riverboat trade from NY to NJ and Gibbons sued

Decision: Court said interstate trade was controlled by the Fed. Govt. so NY law was invalid.

Issue: Citizenship/Freedom Facts: Slave taken to Illinois (Free State) by

his owner. Owner died and argued for his freedom b/c he lived in a free territory.

Decision: Court said Africans can't sue b/c they have no rights. Owners could not be denied their right to property (Slaves)

Issue: Equal Protection/14th Amendment Facts: Plessy sued a RR company b/c they

would not let him sit in a "whites only car“ even though he was 7/8ths white. Plessy refused to leave his seat and was arrested and had to pay a $25 fine.

Decision: Established "Separate but Equal" as long as the facilities are equal they can be separate

Issue: Interstate Trade Facts: E.C. Knight was a sugar company

that dominated the industry. US said is was a violation of interstate trade

Decision: Court said it was not interstate commerce so the federal govt. can't regulate it.

Issue: Facts: President Roosevelt broke up the

monopoly saying in interfered with the economy and interstate trade

Decision: Court upheld the presidents decision

Issue: Separation of Powers Facts: Chicken company said industry codes

under the NRA was a Congressional power not a Presidential

Decision: Court said National Recovery Act was unconstitutional.

Issue: Due Process/Equal Protection Facts: Fred Korematsu was a Japanese

American who was forced into an internment camp during WWII. He sued saying it was discrimination

Decision: Court said it was a military necessity (loss of civil liberties during wartime)

Issue: Due Process/Equal Protection (14th Amend.)

Facts: Brown tried to enroll his daughter at an all white school in Kansas which was closer to his home. The school turned him down and aided by the NAACP it went to the Supreme Court

Decision: Said Separate but Equal was unconst. and schools had to be integrated. Overturned Plessy v. Ferguson

o Issue: 1st Amendment Rights o Facts: L.B. Sullivan, a police commissioner in

Montgomery, Ala., had filed a libel suit against the New York Times for publishing inaccurate information about certain actions taken by the Montgomery police department.

o Decision: Harder for public officials to bring libel charges against the press, since the official had to prove that a harmful untruth was told maliciously and with reckless disregard for truth.

Issue: Equal Protection Facts: Issue of whether mentally retarded

students can participate in public education programs

Decision: Said the state must provide the appropriate programs. Creates some of the first Special Ed. programs

Issue: Interstate Trade Facts: Hotel owner said Civil Rights Act of

1964 was unconst. b/c it regulated intrastate trade

Decision: Court said people from other states stay their so it falls under interstate trade and the law was const.

Issue: Equal Protection Facts: Bakke was denied acceptance to

medical school twice even though his grades were higher than the minorities that were accepted. The school argued that it had to accept so many minorities b/c of affirmative action.

Decision: Said the school was wrong b/c of quotas based on race were unconst.

Issue: Voting Rights Facts: Congressional districts were drawn in

some states so that minorities didn't have a chance to win office.

Decision: Court said districts must be drawn by pop. instead of race. Ends Gerrymandering "one person one vote“. Political parties also try to draw up districts that benefit them.

Issue: Right to Privacy Facts: In 1969 a Texas women (Norma

McCorvey) wanted to have an abortion but state law prohibited it. She used Jane Roe as an alias and represented all pregnant women.

Decision: Court said women have the right to choose up until the 6th month. Very controversial.

Issue: Students Rights Facts: Girl was found smoking in the school

bathroom and had to empty her purse. They found zig zags and a list of students who owed her money. She was suspended and sued the school.

Decision: Court said the school acted reasonable b/c they had probable cause

Recent Safford Unified SD v. Redding

Issue: Students Rights Facts: Student athletes were required to take a

drug test. Decision: Court said the drug testing was okay

and now has been extended to all extra curricular activities

Issue: 1st Amend Facts: Johnson burned the flag out of protest.

He was arrested for desecrating the flag and sentenced to one year in jail. He appealed to the Supreme Court.

Decision: Court said Texas law was unconst. and burning the flag as a sign of protest was Constitutional

Issue: Right to Life Facts: Cruzan was in a terrible accident on life

support. Her parents wanted to terminate the life support system but the hospital refused

Decision: Court said you could terminate life support as long as you had clear and convincing evidence. (Ex. Terry Schivo Case)

Issue: Right to Privacy Facts: Pennsylvania required teenagers to get

parental approval before getting an abortion. Decision: Court said it was const. and a state

could limit but not ban abortions.

Issue: Rights of Detainees Facts: Since 9/11 the U.S. had detained several

suspected terrorist at a U.S. Naval base in Guantanamo Bay, Cuba. The major issue dealt with the writ of habeas corpus and the power of the executive branch during wartime

Decision: Detainees have the right to habeas corpus and the detention of enemy combatants is illegal.