Major Supreme Court Major Supreme Court CasesCases

Marbury v. MadisonMarbury v. Madison18011801

Background:Background:- John Adams appoints “midnight judges” who John Adams appoints “midnight judges” who

are sympathetic to federalistsare sympathetic to federalists- James Madison shelves appointment of James Madison shelves appointment of

MarburyMarbury- Marbury sues for the appointmentMarbury sues for the appointment

Decision:Decision:

- Marbury loses but - Marbury loses but judicial reviewjudicial review is is established – Supreme Court is the final established – Supreme Court is the final decider on issues surrounding US Constitutiondecider on issues surrounding US Constitution

McCulloch v. MarylandMcCulloch v. Maryland18191819

Background:Background:- Maryland tries to tax and destroy a branch Maryland tries to tax and destroy a branch

of the Bank of the United Statesof the Bank of the United StatesDecision:Decision:- Maryland is not able to do this because Maryland is not able to do this because

Marshall Court declares Bank of US to be Marshall Court declares Bank of US to be constitutionalconstitutional

- Loose constructionLoose construction is set forth. If it is not is set forth. If it is not expressly forbidden and is within the spirit expressly forbidden and is within the spirit of the US Constitution it is ok.of the US Constitution it is ok.

- Loose construction Loose construction sets the way for many sets the way for many major decisions later.major decisions later.

Cohens v.VirginiaCohens v.Virginia18211821

Background:Background:- Cohens is arrested for selling lottery tickets.Cohens is arrested for selling lottery tickets.- He appeals his decision to the Supreme CourtHe appeals his decision to the Supreme Court

Decision:Decision:- Cohens loses his appealCohens loses his appeal- Virginia “loses” as well as Supreme Court Virginia “loses” as well as Supreme Court

creates the right to review all state court creates the right to review all state court decisions involving federal government and decisions involving federal government and their powers.their powers.

- A serious defeat for states rightersA serious defeat for states righters

The Marshall LegacyThe Marshall Legacy

- Greatly expands the power of the Greatly expands the power of the judiciary.judiciary.

- Expands the scope and power of the Expands the scope and power of the federal government.federal government.

- Loose construction becomes a Loose construction becomes a standard for future decisions.standard for future decisions.

- Supreme Court becomes and Supreme Court becomes and important check and balance.important check and balance.

Dred Scott v.SandfordDred Scott v.Sandford18571857

Background: Background: - Dred Scott, a slave, lives in free states for 5 Dred Scott, a slave, lives in free states for 5

years.years.- He sues for his freedom on the basis of living on He sues for his freedom on the basis of living on

free soil.free soil.Decision:Decision:- Court rules Dred Scott is not a citizen of the Court rules Dred Scott is not a citizen of the

United States.United States.- Declares slaves to be property whose ownership Declares slaves to be property whose ownership

and possession must be protectedand possession must be protected- Turns over the Missouri Compromise and hastens Turns over the Missouri Compromise and hastens

the Civil Warthe Civil War

Plessy v. FergusonPlessy v. Ferguson18961896

Background:Background:- Homer Plessy, 1/8 African American, is Homer Plessy, 1/8 African American, is

chosen to challenge Jim Crow laws.chosen to challenge Jim Crow laws.- He rides in a whites only train car and is He rides in a whites only train car and is

arrested.arrested.- His conviction is appealed to the Supreme His conviction is appealed to the Supreme

CourtCourt

Decision:Decision:

- Court upholds the doctrine of “separate but - Court upholds the doctrine of “separate but equal”equal”

Muller v. OregonMuller v. Oregon19081908

Background:Background:- Laundry owner Curt Muller makes a girl work 10 Laundry owner Curt Muller makes a girl work 10

hour days.hour days.- He is fined and appeals his fine all the way to the He is fined and appeals his fine all the way to the

Supreme Court.Supreme Court.Decision:Decision:- Women’s rights and progressives applaud the Women’s rights and progressives applaud the

decision which recognizes special provisions decision which recognizes special provisions should be made for women factory workers.should be made for women factory workers.

- Runs counter to 2Runs counter to 2ndnd wave feminism today which wave feminism today which minimizes gender differences and seeks the minimizes gender differences and seeks the equality which Muller applied to his workers.equality which Muller applied to his workers.

Schenck v. United StatesSchenck v. United States19191919

Background:Background:- Charles Schenck, an American Socialist party Charles Schenck, an American Socialist party

member, is urging people to resist the war and member, is urging people to resist the war and draft.draft.

- Arrested and convicted under the espionage Act Arrested and convicted under the espionage Act of 1917. He appeals to the Supreme Court.of 1917. He appeals to the Supreme Court.

DecisionDecision- Schenck loses. Court determines if there is a Schenck loses. Court determines if there is a

“clear and present danger” then freedom of “clear and present danger” then freedom of speech can be revoked.speech can be revoked.

- Famous dictum of “yelling fire in a crowded Famous dictum of “yelling fire in a crowded theater”theater”

Brown v. Board of Education of Brown v. Board of Education of TopekaTopeka

19541954Background:Background:- Oliver Brown, a Topeka, Kansas parent, Oliver Brown, a Topeka, Kansas parent,

represents a group of people challenging represents a group of people challenging the Topeka schools policy of segregation.the Topeka schools policy of segregation.

- NAACP sponsored and paid attorney fees.NAACP sponsored and paid attorney fees.- Plessy v. Ferguson Plessy v. Ferguson is upheld at the state is upheld at the state

level.level.

Decision:Decision:

- Supreme Court overturns - Supreme Court overturns PlessyPlessy and school and school integration becomes a reality.integration becomes a reality.

Griswold v. ConnecticutGriswold v. Connecticut19651965

Background:Background:- Estelle Griswold, Connecticut director of Estelle Griswold, Connecticut director of

Planned Parenthood, is prosecuted under Planned Parenthood, is prosecuted under Anti-Contraception Laws of 1879.Anti-Contraception Laws of 1879.

- Griswold challenges the prosecution and Griswold challenges the prosecution and legality of the laws.legality of the laws.

Decision:Decision:- Griswold wins her case.Griswold wins her case.- In a In a loose construction loose construction decision the decision the

Supreme Court rules there is a right of Supreme Court rules there is a right of privacy in the constitution.privacy in the constitution.

Roe v. WadeRoe v. Wade19731973

Background:Background:- In 1970 two Texas attorneys file a suit In 1970 two Texas attorneys file a suit

on behalf of “Jane Roe” who is seeking on behalf of “Jane Roe” who is seeking an abortion.an abortion.

- Goes to the Supreme CourtGoes to the Supreme CourtDecision:Decision:- Roe case establishes abortion as a - Roe case establishes abortion as a

fundamental right in Constitution fundamental right in Constitution extrapolated from the right of privacy.extrapolated from the right of privacy.