supreme court cases - downey...

Supreme Court

Which of the following Supreme Court cases addressed the fourth

amendment right against searches and seizures?

• Brown vs Board of Education

• New Jersey vs T.L.O.

• Miranda vs Arizona

• Texas vs Johnson

Which of the following Supreme Court cases addressed the rights of a defendant under the 5th and 6th

amendment?





In Brown vs Board of Education, which right and amendment was the issue?

• 1st – freedom of speech

• 4th – unreasonable searches and seizure

• 8th– cruel and unusual punishment

• 14th – equal protection

Which amendment is more important to overall freedom?

• 1st

• 2nd

• 3rd

• 4th

• 5th

Judicial Branch

The American Court Structure The U.S. has a dual court system.

dual court

One system of state and local courts and another

system of federal courts.

The American Court Structure

The court’s jurisdiction is set by law and

limited by territory and type of case.

jurisdiction

The authority of a court to hear and decide cases.

Types of Jurisdiction

Power to review cases without prior hearings.

Original jurisdiction

Appellate jurisdiction Supreme court may hear and decide cases

immediately without prior/lower courts. Power to review decisions and change

outcomes of decisions of lower courts.

The Federal Courts

The authority for the federal court system is in

the Constitution. The system includes:

• The Supreme Court

• The federal courts of appeals

• The federal district courts

The United States Supreme Court • Court of last resort in all questions of

federal law and U.S. Constitution.

• The court may hear cases:

Appealed from federal courts of appeal.

Appealed directly from federal district courts.

Appealed from the high court of a state, if claims under federal law or the Constitution are involved.

The United States Supreme Court

The U.S. Supreme Court is composed of:

• A chief justice

• Eight associate justices

Each member of the court is appointed for

“good behavior” by the President and

affirmed by the Senate.

Supreme Court

Supreme Court

• Chief Justice John Roberts

• Antonin Scalia

• Anthony Kennedy

• Clarence Thomas

Justices continued

• Ruth Bader Ginsburg

• Stephen Breyer

• Samuel Alito

• Sonia Sotomayor

• Elena Kagan


• In order for a case to be heard by the

Supreme Court, at least four justices must

vote to hear the case.


When the court decides a case, it can:

• Affirm the decision of the lower court and “let it

stand.”

• Modify the decision of the lower court, without

totally reversing it.

• Reverse the decision of the lower court, requiring no

further court action.

• Reverse the decision of the lower court and remand

the case to the court of original jurisdiction, for either

retrial or resentencing.

Landmark

Supreme Court Cases

Facts of the Case

-John Adams tried to appoint Marbury and several others to

positions before he left office.

-The last minute attempts were never finalized

-The angry appointees sued for their jobs in the Supreme

Court

Question Presented

-Is Marbury entitled to his appointment?

Conclusion

-Yes

- Established “Judicial Review” the ability for courts to

interpret the Constitution

Marbury v. Madison, 1803

Facts of the Case

-Congress created the Second Bank of the United States

-In 1818 the state of Maryland passed extra taxes on the bank

-James McCulloch refused to pay the taxes

Question Presented

-Did Congress have the authority to establish the bank?

-Did Maryland law unconstitutionally interfere with

congressional powers?

Conclusion

-CONGRESS had the power to establish banks and the states

have no influence over them

McCulloch v. Maryland, 1819

Gibbons v. Ogden, 1824 Facts of the case

-A New York state law gave Aaron Ogden a license to operate steamboats on

waters within state jurisdiction

-Thomas Gibbons had a similar license to do the same thing but his was a

Federal coasting license granted by Congress

Questions Presented

-Who had the power to regulate interstate commerce?

Conclusion

- The Court found that Congress had more power

issuing license for “interstate commerce” because

under the Constitution the Congress had all power

over regulating commerce.

Heart of Atlanta Motel v. U.S., 1964

• Congress has power to regulate commerce. Facts of the case

-Title II of the Civil Rights Act of 1964 forbade

racial discrimination by places of Public

accommodation.

-The Heart of Atlanta Motel in Atlanta, Georgia

refused to accept Black Americans

Question presented

-Did Congress deprive motels of the right to

choose their own customers?

Conclusion

-The Court concluded that places of

public accommodation had no “right

to select guests as they saw fit, free

from government

regulations….THEY HAD TO OPEN

THE DOORS TO ALL.

Korematsu v. United States, 1944 Facts of the case

-During World War II, Presidential Executive Order 9066 gave the military authority to exclude citizens of Japanese ancestry from areas deemed critical to nation defense

Question presented

-Did the President and Congress go beyond their war power by implementing exclusion and restricting the rights of American Japanese descent?

Conclusion

- The courts sided with the government and held that the need to protect against espionage outweighed Korematsu’s rights. So, no! National security IS more important than individual rights.

Tinker V. Des Moines, 1969 Facts of the Case

-John Tinker (15), Mary Beth Tinker (13), and Christopher Eckhart (16) decided to

protest the Vietnam war by wearing black arm bands to their school during the

Christmas holiday season.

-The principals of the school districts said that all student wearing these arm bands were

to take them off or face suspensions. They feared it would provoke disturbances

-The students wore their armbands anyway and when they did not take them off they

were suspended until after New Year’s Day

Questions

-Did this violate the students’ “First amendment right?”

Conclusion

- The wearing of the armbands was part of freedom of

speech. Although school officials have the right to prohibit

certain actions, they fail to show how the protest would

cause trouble and disturbance in the school setting.

Hazelwood School District v. Kuhlmeier,1988

Facts of the case

-THE SPECTRUM, the school-sponsored newspaper of Hazelwood East High School, was

written and edited by students.

- The Principal, received the proof of the May 13th issue and found that two of the articles

were inappropriate

-He ordered that the pages on which the articles appeared be withheld from publication

-Cathy Kuhlmeier and two other former Hazelwood students brought the case to court

Question Presented

-Did the deletion of the articles violate the student’s 1st

Amendment [speech/press] right?

Conclusion

- NO, school newspapers are sponsored by the school and

articles not directly reflecting the view of the school for

“learning” purposes can be deleted from the paper.

Engel v. Vitale, 1962 Facts of the Case

-The Board of Regents for the State of New York authorized a short,

voluntary prayer for recitation at the start of each school day.

-“ Almighty God, we acknowledge our dependence upon Thee, and beg

Thy blessings upon us, our teachers, and our country.”

Question Presented

-Does the reading of a nondenominational prayer at

the start of each school day violate the “establishment

of religion” clause of the First Amendment?

Conclusion

- YES, according to the SCOTUS. Neither the prayer’s

nondenominational character nor its voluntary

character saves it from unconstitutionality. By providing

the prayer, New York officially approved religion.

Texas v Johnson,1989 Facts of the case

-Gregory Lee Johnson burned an American flag as a means of protest against

Reagan administration policies.

-Johnson was tried and convicted under a Texas law outlawing flag desecration.

He was sentenced to one year in jail and assessed a $2,000 fine.

Question of the case

-Is the burning of an American flag a form of speech

protected under the 1st Amendment?

Conclusion

- The court found that the burning of the flag is

protected under “expression” in the 1st

amendment.

Mapp v. Ohio, 1961 Facts of the case

-Dolree Mapp was convicted of possessing

obscene materials after an admittedly illegal police

search of her home for a fugitive.

Question Presented

-Were the confiscated materials protected by the

first amendment?

-May evidence obtained through a search in

violation of the 4th amendment be admitted in a

state criminal proceeding?

Conclusion

- Materials obtained from a violation of the 4th

Amendment is inadmissible in a state court

Search

Warrant

New Jersey v. T.L.O, 1984 Facts of the Case

-T.L.O was a 14 year old accused of smoking

in the girl’s bathroom

-A principal at the school questioned her and

searched her purse and found a box of

cigarettes and rolling papers

- He decided to search the pocketbook further

and found a bag of marijuana (and other drug

paraphernalia), plastic bags, money, and a list

of people who still owed her money.

Question presented

-Did the search violate the 4th Amendment?

Conclusion

-NO, the school official is allowed to search a

student if he/she has reasonable suspicion that

a crime has been committed or is in the act of

being committed.

Gideon V. Wainwright, 1963 Facts of the Case

-Gideon was charged in a Florida state court with a felony for breaking and entering.

-He lacked funds as was unable to hire a lawyer to prepare his defense

-When he requested the court to appoint an attorney for him, the court refused

-Gideon defended himself in the trial; he was convicted by a jury and the court sentenced him to 5 years in a

state prison

Question presented

-Did the state court’s failure the appoint counsel for Gideon violate his right to a fair trial and due process of

law as protected by the 6th 14th (equal protection)

Conclusion

- Gideon had the right to be represented by a court-

appointed attorney. The right to an attorney was essential

to a fair trial. Lawyers in criminal courts are necessities,

not luxuries.

Miranda V. Arizona, 1966 Facts of the case

-Ernesto Miranda had been arrested at his home in Phoenix, Arizona and accused of

kidnapping and rape.

-He was questioned at the police station by 2 police officers has was not advised of his right

to an attorney nor his right to remain silent.

-After two hours of interrogation, he signed a written confession to the crime.

-He was found guilty and sentenced to 20 to 30 years in prison

Question

-Does the police practice of interrogating individuals without notifying them of their right to

counsel and their protection against self-incrimination violate he 5th Amendment?

Conclusion

-A person in police custody “or otherwise deprived of his freedom…must be warned prior to

any questioning that he has the right to remain silent, and that anything he says can be

used against him in the court of law..”

Brown v. Board of Education,1954 Facts of the Case

-Black children were denied admission to public schools

-Things were equal in terms of building, curricula, and qualifications of teachers

salaries

Question

-Is segregation in violation of the 14th “equal

protection” amendment?

Conclusion

- “YES” you cannot possibly by separated and equal

because you are separating things on the bases that

they are not the same. “Separate is NOT equal”

Bethel School District No. 403 v. Fraser, 1986

Facts of the case

-At a school assembly Matthew Fraser made a speech nominating a fellow student for

elective office

-In his speech Matthew used a graphic metaphor to promote the candidacy of his friend.

-Fraser was suspended from school for two days

Question Presented

-Does the First Amendment prevent a school district from discipline a high school student

for giving a lewd speech at a high school assembly?

Conclusion

- No, the court found that it was appropriate for the school to prohibit the use of vulgar

and offensive language.

In the Supreme Court case, Gideon v Wainwright, which of the following

amendments were at issue?

• 1st

• 5th

• 6th

• 14th

Which of the following Supreme Court cases addressed the fourth

amendment right against searches and seizures?





Which of the following Supreme Court cases addressed the 1st amendment

and the “establishment clause?”


• Engel v Vitale

• Roe v Wade


Which of the following Supreme Court cases addressed the rights of a defendant under the 5th and 6th

amendments?






• 1st

• 2nd

• 3rd

• 4th

• 5th

Which of the following is NOT connected to Congress’ power to

regulate commerce?

• McCullough v Maryland

• Korematsu v the U.S.

• Gibbons v Ogden

• Heart of Atlanta Motel v the U.S.


• 1st

• 2nd

• 3rd

• 4th

• 5th

Which of the following is NOT connected to Congress’ power to

regulate commerce?

• McCullough v Maryland

• Korematsu v the U.S.

• Gibbons v Ogden

• Heart of Atlanta Motel v the U.S.

Which of the following is NOT connected to 1st amendment rights of

free speech?

• Tinker v Des Moines

• Hazelwood v Kuhlmeier

• New Jersey v T.L.O.

• Texas v Johnson

Which of the following cases established the precedent of Judicial

Review?

• Marbury v Madison

• Brown v Board of Education

• Plessy v Ferguson

• Texas v Johnson

Which of the following is NOT connected to 5th Amendment rights of

due process?

• Korematsu v U.S.

• Gideon v Wainwright

• Miranda v Arizona

• Engel v Vitale

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