SUPREME COURT CASES. Marbury v Madison This case establishes the Supreme Court's power of judicial...
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Transcript of SUPREME COURT CASES. Marbury v Madison This case establishes the Supreme Court's power of judicial...
Marbury v Madison
This case establishes the Supreme Court's power of judicial review. Constitutional basis: supremacy clause What say?
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.
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.
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.
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.
Mapp v Ohio
• Establishes the exclusionary rule.
• Evidence found illegally without a search warrant or probable cause is not admissable during the trial.
Gideon v Wainwright
• Right to an attorney.
• Increases rights of the accused.
• Protects due process of law.
• Incorporates 6th amendment to states using 14th
Reynolds v. Sims
• Required legislative districts to be equal in population
• Established one-man, one-vote principle
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.
Tinker v. Des Moines
• Students have freedom of expression as long as it does not interfer with the learning process.
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.
Texas v Johnson
• Burning the flag is guaranteed as a freedom of expression
• Protects freedom of expression under the first amendment.
N.J. v. T.L.O
• Permits school officials to search students and their materials without a search warrant
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.
Bakke v. Regents of California
• Reverse discrimination is not permitted
• Colleges can’t use race as the only determining factor in admissions
Bethel v. Frasier
• Case upheld limiting a student’s freedom of speech if speech is lewd or offensive by community standards
Hazelwood v. Kuhlmeier
• Upheld the right of educators to limit what can be published in the school newspaper
Swann v. Charlotte Mecklenburg
• Said no rigid guidelines could be established concerning BUSING of students to integrate schools
Heart of Atlanta v. U.S.
• Prohibited racial discrimination by businesses on the interstate commerce clause
US v Nixon
• President does not have complete executive privilege.
• Can’t claim executive privilege when covering up a crime.
• Watergate issue.
The Leandro Case
• Students of North Carolina have the right to a quality education
• Does not require equal funding by each educational administration
Mann v. N.C.
• Slaveholders couldn’t be punished for beating their slaves as slaves were considered property
• Issue is state authority.