SUPREME COURT CASES

(homework: Please do Units 4 & 5 PRETESTS in Review Book)

COME UP WITH TWO SPECIFIC QUESTIONS FOR EACH UNIT

• HW: hand in• Review Test• Supreme Court Review• Tonight:– Units 4 & 5 pretests in review book– COME UP WITH TWO SPECIFIC QUESTIONS FOR

EACH UNIT

The Big 10:

• 1803- Marbury v. Madison • 1832- Worcester v. Georgia• 1857- Dred Scott v. Sanford• 1896- Plessy v Ferguson• (1954- Brown v Board of Education)• 1919- Schenck v. US• 1944- Korematsu v. US• 1963- Gideon v. /Wainwright• 1966- Miranda v. Arizona• 1974- US v. Nixon

Chief Justice JOHN MARSHALL- 1801-1835

– HIS DECISIONS STRENGTHEN THE POWER OF THE FEDERAL GOVERNMENT

– Gibbons v. Ogden 1824• Power of FEDERAL GOV’T in interstate commerce

– McCullough v. Maryland 1819• States can’t tax the federal government• Okays National Bank (elastic clause)

– Marbury v. Madison-1803• Establishes JUDICIAL REVIEW- Sup. Ct. declares a law

unconstitutional• Strengthens power of judicial branch

Worcester v. Georgia- 1832

a.Cherokee WIN case against Georgia but…b.Andrew Jackson defies ruling with Indian Removal

Policy

Dred Scott vs. Sanford (1857)

a.Part of controversy over SPREAD of slavery before Civil War

i. Says Fed. Gov’t cannot ban slavery in territories• Says African Americans are not citizens (overturned by

14th Amendment

****Plessy v. Ferguson (1896)

– Establishes “separate but equal”- SEGREGATION IS CONSTITUTIONAL

– Overturned by Brown v. Board of Education 1954

GUILDED AGE COURT CASES (LATE 1800S)

a.During this time, cases tend to be PRO-BIG BUSINESS, anti- union

i. Wabash, St. Louis & Pacific RR v. Illinois 18861. states can’t regulate trade, only Congress

ii.US v. EC Knight- failed anti- Trust suit 1895iii.In Re Debs- okay for gov’t halting a strike 1895

Northern Securities Co. vs. US (1908)

• TR’s trust-busting works• (New Era- Progressive Era- Supreme Court

“friendlier to workers, enable gov’t to regulate more)

War time- civil liberties limited

a.Schenck v. US (1919) WORLD WAR Ii. Limits free speech during time of warii.“clear and present danger”

b.Korematsu v. US (1944) WORLD WAR 2i. Japanese internment camps

Supreme Court versus the New Deal

a.Schechter Poultry Corporation v. US 1935 (sick chickens)

i. Part of Nat’l Ind. Recovery Act unconstitutional

b.FDR- “Court packing plan” NOT passed by Congress

Supreme Court Justice Earl Warren- 1954- 1969

a. VERY influential court in expanding civil right and criminal rightsb. Civil Rights

i. Brown v. Board-1954- ends “separate but equal”ii. Heart of Atlanta Hotel v. US- 1964- no segregation in private facilities

(upholds Civil Rights Act)

c. Criminal Rightsi. Mapp v. Ohio- 1961 evidence found without a search warrant cannot be

used in Courtii. Gideon v. Wainwright- 1963 states must provides defense attorneys for

all criminal casesiii.Miranda v. Arizona- 1966- those accused of crimes must be mad aware

of their rights before questioning 1. (“You have the right to remain silent…)

Roe v. Wade- 1973

• “right to privacy”- states cannot outlaw abortions

Supreme Court and Schools

a.62- Engel v. Vitale- no prayer in public schoolb.69- Tinker v. Des Moines: “rights not checked at

schoolhouse doors”i. Can wear black armbands to protest war (freedom of

speech)

c. 85- New Jersey v. T.L.O.: kids can be searched if “reasonable grounds” (not probable cause)

d.95- Vernonia v. Acton- drug testing athletes okay

Nixon, Vietnam and the Supreme Court

a.New York Times vs. US- 1971- FREEDOM OF PRESSi. Freedom of press (gov’t could not stop them from

publishing Pentagon Papers)

b.US vs. Nixoni. Nixon forced to hand over Watergate tapes ii.Lessens “executive priviledge”

Which idea is illustrated by the Supreme Court cases Schenck v. United States and Korematsu v . United States?

1. The free speech rights of Communists have often been violated.

2. During wartime, limitations on civil rights have been upheld by judicial action.

3. The rights of protestors have been preserved even in times of national stress.

4. Economic interests of foreign nations are frequently upheld in United States courts.

The Dred Scott decision on the issue of slavery upheld the Southern viewpoint that

1. the power of the Supreme Court does not extend to cases of race

2. Congress could not pass a law depriving territorial residents of their property

3. a national vote should be held to decide the legality of slavery

4. the economic well-being of the western states depended on slave labor

The decisions of the United States Supreme Court in Miranda v. Arizona, Gideon v. Wainwright, and Escobedo v. Illinois all advanced the

1. voting rights of minorities 2. guarantees of free speech and press 3. principle of separation of church and state 4. rights of accused persons

An immediate result of the Supreme Court decision in Schechter Poultry Corporation v. United States (1935) and United States v. Butler (1936) was that

1. some aspects of the New Deal were declared unconstitutional

2. State governments took over relief agencies

3. ) Congress was forced to abandon efforts to improve the economy

4. the constitutional authority of the President was greatly expanded

Under Chief Justice Earl Warren, the Supreme Court was considered "activist" because of its

1.reluctance to overturn state laws

2. insistence on restricting freedom of speech to spoken words

3.expansion of individual rights in criminal cases

4.refusal to reconsider the issues of the Plessy v. Ferguson case

The "clear and present danger" ruling of the Supreme Court in Schenck v. United States illustrates the continuing conflict between

1.free speech and governmental authority

2.the use of search warrants and the rights of the accused

3.state powers and Federal powers

4.religious freedom and separation of church and state

The significance of the Supreme Court case Marbury v. Madison is that the decision

1.advanced civil rights for minorities

2.upheld the constitutionality of a national bank

3. limited Presidential control of foreign policy

4.established the power of judicial review

What was the result of many of the Supreme Court decisions made under Chief Justice John Marshall between 1801 and 1835?

• The system of slavery was weakened. 2.The federal government was strengthened.

3.The rights of workers were supported.

4.Antitrust laws were upheld.

As a result of the Supreme Court ruling in Miranda v. Arizona (1966), a person accused of a crime is entitled to

1.a speedy trial

2.reasonable bail

3.a reading of his or her rights at the time of arrest

4.protection against cruel or unusual punishment

The Supreme Court decisions in Gideon v. Wainwright (1963) and Miranda v. Arizona (1966) have been criticized because these rulings

1.expanded the rights of the accused

2.granted more powers to federal judges

3. lengthened prison sentences for the guilty

4.reinstated the use of capital punishment

The case of John Peter Zenger (1735) and New York Times Co. v. United States (1971) both involved a government’s attempt to limit

1.freedom of religion

2.freedom of the press

3.the right to bear arms

4. the right to counsel

The Supreme Court cases of Tinker v. Des Moines and New Jersey v. TLO involved the issue of

1.freedom of the press

2.the rights of students in school

3.freedom of religion

4. the rights of prison inmates

The decisions of the United States Supreme Court in Tinker v. Des Moines and New York Times Co. v. United States were based on interpretations of the

1.meaning of a republican form of government

2.powers delegated specifically to Congress

3.president’s right to executive privilege

4.rights guaranteed by the 1st amendment

The Supreme Court decision in Roe v. Wade (1973) was based on the constitutional principle of

1.protection of property rights

2.freedom of speech

3.right to privacy

4.freedom of religion

Court cases against unions (pro big business, “laissez faire in late 1800s)

• Wabash, St. Louis & Pacific RR v. Illinois 1886– (states can’t regulate trade, only Congress)

• US v. EC Knight- failed anti- Trust suit 1895• In Re Debs- Gov’t halts a strike 1895 with a

federal injunction

Northern Securities Co. v. US

• Teddy Roosevelt “trust busting case”– Progressive era

• Sherman anti-Trust law works

War time civil liberties limited

• ***Schenck v. US (1919)***– Limits free speech during time of war– “clear and present danger”

• ****Korematsu v. US (1944)– Japanese internment camps

Schechter v. US

• Part of New Deal (NIRA) knocked down (FDR vs. Supreme Court)

Rights of accused

• ****Gideon v. Wainwright- right to attorney• ****Miranda v. Arizona- must inform accused

of their rights

Schools:

• 62- Engel v. Vitale- no prayer in public school• 69- Tinker v. Des Moines: “rights not checked

at schoolhouse doors”– Can wear black armbands to protest war

• 85- New Jersey v. T.L.O.: kids can be searched if “reasonable grounds” (not probable cause)

• 95- Vernonia v. Acton- drug testing athletes okay

Roe V. Wade

• States cannot ban abortion– “right to privacy”

New York Times vs. US

• Freedom of press (gov’t could not stop them from publishing Pentagon Papers)

US vs. Nixon

• Nixon forced to hand over Watergate tapes