Naomi Weintraubs Supreme Court Case Assignment A.P.

NSL Government
Year 1803 Case Marbury v. Madison (*)

Concept(s) Judicial Review

What I Need To Know (In a Nutshell)

Constitutional powers

John Adams secretary of state forgot to deliver documents that commissioning William Marbury as Justice of Peace in Washington D.C When Thomas Jefferson became president, in order to avoid people from opposing political parties coming into office. Marbury sued James Madison issuing a writ that the documents must be delivered to make Marbury justice of the peace.

Federalism

Separation of Powers & Checks and Balances

1819

McCulloch v. Maryland (*)

Federalism

National Supremacy Necessary and Proper Clause Implied Powers

The national bank was created in 1791, and was very powerful. Maryland attempted to close the Baltimore branch of the national back by passing a law that forced all banks that were created outside of the state to pay a yearly tax. James McCulloch, a bank employee, didnt pay the tax. The state of Maryland sued him and said that they have the power to tax any business in its state Maryland believed that the constitution does not give congress the power to create a national bank McCulloch appealed the decision and the Supreme Court decided that congress has implied powers to create a national bank, and that Maryland taxing its branches was unconstitutional

1824

Gibbons v. Ogden

Federalism

National Supremacy

In 1808, the govt of New York gave a steamboat company rights to a monopoly on states waters, which included waters that overlapped between states. Aaron Ogden held a license issued by an act of congress to have this monopoly Thomas Gibbons, a competitor of Aaron Ogden, had a federal coasting license issued by an act of Congress

Commerce Clause

Ogden complained to the New York Court, asking for Gibbons to not be able to operate his boats Supreme Court decided that because of interstate commerce is dictated by federal govt, not state govt, in favor of Gibbons

1833

Barron v. Baltimore

5th Amendment Implied powers Limited powers of national govt

John Barron was co-owner of a profitable wharf in the Baltimore Harbor As the city grew, large amounts of sand accumulated the harbor, reducing the amount of deep waters, which was key to his successful business. He sued the city to recover a portion of his financial losses Supreme Court ruled in the favor of the mayor of and the city council of Baltimore. Chief justice found that limitations on govt in the 5th amendment intended to limit powers of national govt Supreme Court had no jurisdiction in this case since the 5th amendment was not applicable to the states

1857

Dred Scott vs. Sanford

Slavery Due Process The Missouri Compromise

In 1834, Dred Scott was purchased in Missouri and then brought to Illinois (a free nonslave state) After Scotts owner died, he sued his widow, saying that now he was free since he was living in a free state. The Supreme Court decided that Dred Scott was not a citizen of the state so they had no jurisdiction on the issue, and they decided he was not a free man. In 1890, Louisiana passed a law called the Separate Car Act, stating that trains must have segregated buses, with a fine if you sat in the wrong area. A group of black citizens and the East Louisiana Railroad Company worked together to fight this law. Apart of the protest, Homer Plessy, who was 1/8th black, bought a first class ticket and sat in the white area of the car. Plessy was arrested for violating the law, and fought that the act violated the 13th and 14th amendments. Plessy appealed all the way the to U.S Supreme Court, which decided that segregation was legal under the separate but equal doctrine.
During WW1, Charles T. Schenck, Secretary of the Socialist Party of America, mailed letters to draftees. The letters implied that the draft was bad and was a effect of capitalism, the letters advised only peaceful action such as petitioning to repeal the Conscription Act

1896

Plessy v. Ferguson (*)

Equal Protection Separate but Equal doctrine Violation of 13th, and 14th Amendment Segregation

1918

Schenck v. U.S.

1st Amendment Military Draft War time precautions

Schenck was charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitment Supreme Court decided that, During wartime, utterances tolerable in peacetime can be punished

1922

Gitlow v. New York

1st amendment Socialism Due Process 14th Amendment

Benjamin Gitlo was arrested for giving out copies of a left-wing manifesto that supported the establishment of socialism through strikes and class action of any form. Gitlow was convicted under a state criminal anarchy law, which punished advocating the government by force Gitlow argued that since there was no resulting action flowing from the manifestos publication, the statue penalized actions that never happened The New York courts decided that anyone who advocated the doctrine of violent revolution violated the law The state may forbid both speech and publication if they have a tendency to result in action dangerous to public security, even if no real danger is present. The Colorado Supreme Court upheld several convictions in which evidence was admitted that would have been inadmissible in a prosecution for violation of a federal law in a federal court A 6-3 decision

State criminal anarchy law

1948

Wolf v. Colorado

4th amendment 14th amendment Due process

The court decided that the 14th amend did not allow state to exclude all evidence

1954

Brown v. Board, 1st (*)

Equal Protection Executive enforcement 14th Amendment Separate but Equal

Because of segregated schools, Linda Brown had to go to a school that required her to walk through dangerous areas, even though there was a school closer to her, even though its all white. Brown and her family sued the Board of Education, saying that segregated school systems violated the 14th amendment Federal district court decided that segregation in public education was harmful to black students, but because the schools were equal it was legal. The browns appealed to the Supreme Court, and they decided that segregated schools violated the 14th amendment.

1954

Brown v. Board, 2nd

Separate but equal Schools Segregation

In this Supreme Court case, chief justice Warren discussed ways to implement desegregation in schools The court agreed that all schools comply "with all deliberate speed. Needed for execution and enforcing law

Civil Rights

1961

Mapp v. Ohio

Exclusionary Rule Due process Search and Seizure Violates 4th amendment Ohio state laws against possession of obscene materials

The police were suspicious that Dollree Mapp might be hiding a person suspected in a bombing, so that went in to her home in Cleveland, Ohio They knocked on her door and demanded entrance, but Mapp refused to let them in without a warrant After observing her house for several hours, the police forced their way into Mapps house, holding up a piece of paper when Mapp demanded to see their search warrant. The police found a trunk containing pornographic materials They arrested Mapp, and charged her with violating Ohio law against the possession of obscene materials. At the trial the police did not show Mapp her attorney the alleged search warrant, or explain why they didnt want to The court found Mapp guilty and sentenced her to jail The supreme court later determined the evidence obtained through a search that violates the 4th amendment

1961

Engel v. Vitale

First Amendment Established of Religion

The board of regents for the state of New York authorized a short, voluntary prayer for recitation at the start of each school day. The Court used the establishment clause to eliminate religious activities of all sorts in public ceremonies

1960

Baker v. Carr

Reapportionment

Census

Charles Baker, a Tennessee resident filed a suit against Joe Carr, who was the Secretary of State of Tennessee for not reapportioning the state districts The Tennessee constitution requires the state to reapportion every 10 years after the census comes out The Supreme court never made a ruling on it because they dismissed the case because it was a political question which are left to the other branches of government

1963

Gideon v. Wainwright (*)

Right to Counsel Due Process 6th amendment

In June 1961, a burglary happened at the Bay Harbor Pool Room, in Panama City, FL. Police arrested Clarence Earl Gideon for burglary Gideon could not afford a lawyer, and asked the Florida Circuit Court judge to appoint one for him, saying that the 6th amendment entitles everyone to a lawyer. The judge denied his request, and Gideon had to represent himself. He was decided guilty in court

While serving his time in court Gideon studied law, which reaffirmed his belief that his rights were violated From prison, Gideon wrote a petition asking the Supreme Court to hear his case, and they agreed The court UNANIMOUSLY ruled in Gideons favor, justifying that the 6th amendment requires courts to provide attorneys for criminal defendants who cannot otherwise afford counsel Wesberry, Jr. sued the Governor of Georgia, Carl E. Sanders because he lived in a Georgia district which had a population three times larger than other districts and said it was apportioned wrong claiming his vote was getting diluted The Supreme Court agreed with Wesberry because it discriminated against people in this district, not giving them there full right to vote which is assured by the 14th amendment Danny Escobedo was arrested and taken down to the police station for questioning and after several hours of Escobedo asking for his lawyer they refused and subsequently he confessed to the crime. Because of this he sued because he was denied his right to a lawyer The Supreme Court ruled with Escobedo because they agreed that he was put under biased and unfair conditions

1963

Wesberry v. Sanders

Apportionment Right to vote Suffrage 14th amendment

1963

Escobedo v. Illinois

6th Amendment Right to an attorney

1964

Heart of Atlanta Motel v. U.S.

Civil Rights Act of 1964 Racial discrimination

The Heart of Atlanta Motel was charged for discriminating against black people and violating Title II Title II of the Civil Rights Act of 1964 forbade racial discrimination by places of public accommodation if their operations affected commerce. The Supreme Court ruled that this was unconstitutional for the motel to do this and that places of public accommodation had no "right" to select guests as they saw fit, free from governmental regulation.

1964

Griswold v. Connecticut

Due process 1st amendment Freedom of Expression

Griswold and her colleague were charged with using medication or counseling in order to prevent conception according to Connecticut law The Supreme Court ruled in favor of Griswold and created a new constitutional right, the right to privacy in marital relations

1966

Miranda v. Arizona (*)

Self Incrimination Due Process 5th, and 6th amendment Right to Lawyer Right against self incrimination

Ernesto Miranda was arrested after a crime victim identified him as guilty Police did not inform him of his 5th amendment right against self crimination and his 6th amendment right to an attorney He later fought saying that his confession should have been excluded from trial.

The Supreme Court agreed John and Mary Beth Tinker from Des Moines, Iowa, wore black armbands to their public school to protest the Vietnam War. When asked to remove their wristbands, the tinkers refused and were suspended The supreme court ruled that the Tinkers had the right to wear their armbands Justice Abe Fortas stated that no one expects students to shed their right to freedom of speech or expression at school Brandenburg, a leader of the Klu Klux Klan, was making a speech at a rally and was later charged with advocating "crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform" The Supreme Court ruled in favor of Brandenburg saying that this violated his 1st amendment right to freedom of speech but added that speech can be prohibited if it is "directed at inciting or producing imminent lawless action" or "likely to incite or produce such action." This case led the Brown v. Board case because although segregation in schools was ruled unconstitutional, little was getting done to prevent it There were counties in which over 14,000 black students attended schools that were either all black or 99% black The Supreme Court ruled that plans were to be judged by their effectiveness, and the use of mathematical ratios or quotas were

1969

Tinker v. DesMoines (*)

Student Speech Symbolic Speech Freedom of speech

Brandenburg 1968 v. Ohio

1st Amendment Freedom of Speech

1970

Swann v. CharlotteMecklenburg

14th amendment Desegregation Brown v. Board

legitimate "starting points" for solutions, predominantly or exclusively black schools required close scrutiny by courts, noncontiguous attendance zones, as interim corrective measures, were within the courts' remedial powers; and, no rigid guidelines could be established concerning busing of students to particular schools. 1970 Lemon vs. Kurtzman Establishment of Religion 1st amendment Separation of church and state Pennsylvania passed a law giving more funding to schools that provided religious teaching that non religious The Supreme Court ruled in favor of Lemon and found that the passing of any state laws that establish a religious body is a direct violation of the United States Constitution. President Nixon tried to prevent the New York Times and Washington Post from publishing classified documents in order to protect national security The Supreme Court ruled in favor of the New York Times and respected their freedom of press. The court agreed that this information would not cause an inevitable, direct, and immediate event imperiling the safety of American forces Jane Roe was a single, pregnant woman living in Texas in 1970 Texas law made it a felony to have an abortion in less medical advice suggested so Roe filed a suit against Wade, The district attorney of Dallas County, saying that this law violated personal liberty and the right to privacy by the 1st, 4th, 9th, and 14th, amendments.

1970

NY Times v. U.S.

1st amendment Freedom of expression, and print Protection of national security Nixon

1973

Roe v. Wade

Right to Privacy Abortion laws

Violated 1st, 4th, 9th,and 14th, amendments

Supreme court invalidated any state laws that prohibited first trimester abortions

1971

Miller v. California

1st Amendment, Speech, Press, and Assembly

Miller was conducting a mass mailing campaign to advertise the sale of adult material He was convicted of violating California statue prohibiting the distribution of obscene material. Supreme Court decided that obscene materials were not protected by 1st Amend

1974

U.S. v. Nixon

Federalism Separation of Powers and Checks & Balances National Supremacy Watergate scandal

A congressional hearing about Watergate revealed that Nixon had installed tape-recording device in the oval office. The prosecutor of the case wanted access to these tapes, to help prove that Nixon abused power and broken law This request was challenged and taken to the Supreme Court The Supreme Court decided that executive privilege is not limitless, and the tapes were released. Nixon resigned

1975

Buckley v. Valeo

Appointments Clause 1st amendment Internal Revenue code of 1954 Federal Election Campaign Act of 1971

After Watergate, Congress tried to stop corruption in political campaigns by restricting financial contributions to candidates The law set limits the amount of money an individual could contribute to a single campaign, and required reporting of contributions above a certain threshold amount. The Supreme Court decided that restrictions on individual contributions to political campaigns and candidates did not violate the 1st Amendment The Court found that governmental restriction of independent expenditures in campaigns, the

limitation on expenditures by candidates from their own personal or family resources, and the limitation on total campaign expenditures did violate the 1st Amendment. 1978 U.C. Regents v. Bakke

Affirmative Action Equal Protection

In the early 1970s, the medical school of University of California at Davis created dual admissions program to increase representation of disadvantaged minority students. Allan Bakke was a white male who applied for the school and was rejected, while minority applicants with lower gpas and testing scores were admitted under the specialty admissions program. Bakke filed a suit, saying that the admissions system violated the Equal Protection Clause and excluded him based on race. The Supreme Court found for Bakke against the rigid use of racial quotas, but also established that race was a permissible criteria among several others

1982

Bob Jones University v. U.S.

Bob Jones University was dedicated Internal Revenue Code to fundamental Christian beliefs which Tax-exempts included prohibitions against interracial Discrimination dating and marriage, punishment of such behaviors included expulsion In 1970, the IRS changed its formal policy to adopt a district court decision that prohibited the IRS from giving tax-exempt status to private schools engaging in racial discrimination IRS believed that Bob Jones University policies accounted to racism and provoked its tax-exempt status Goldsboro Christian Schools Inc. v. U.S, in which Goldsboro maintained a racially discriminatory admissions policy based upon its interpretation of the Bible, was also excluded from a tax-exempt status.

 Supreme Court found that the IRS was correct in their decisions to revoke taxexempt status for the schools. The schools did not meet requirement due to their discriminatory policies The court found that not all burdens on religion are unconstitutional 1981 INS v. Chadha Immigration and Naturalization Nationality Illegal immigration Reform Immigrant Responsibility Act In one section of the Immigration and Nationality Act, Congress authorized either house of congress to invalidate and suspend deportation ruling of the U.S attorney general. Chadha had stayed in the U.S. past his visa deadline. Though Chadha agreed that was deportable, and immigration judge suspended his deportation. The House of Reps. Voted without debate to vote for Chadha. This case was decided together with U.S house of reps. v. Chadha, and U.S senate v. Chadha Supreme court ruled that this section of the Act violated the Constitution. The Act would have enhanced the govt efficiency, it violated lawmaking and congressional authority.

1985

N.J. v. TLO (*)

Student Search and Seizure Precedent

A New Jersey high school student was accused of violating school rules by smoking in the bathroom, leading the assistant principal to look in her purse for cigarettes. The vice principal found marijuana and other times that showed that the student was dealing marijuana The student tried to argue saying that smoking cigarettes isnt against school rules, so the search wasnt justified. The Supreme Court decided that the search did not violate the Constitution and established more lenient standards for

reasonable school searches. 1989 Texas v. Johnson

Flag Burning Freedom of speech Protest demonstrations

During the Republican National Convention in Texas, Gregory Lee Johnson set an American flag on fire He was protesting the policies of the Reagan Administration and of certain corp. based in Dallas No one was hurt but witnesses were offended Johnson was charged and convicted with the desecration of a venerated object, in violation of the Texas Penal Code The Supreme Court decided that Johnsons actions were symbolic speech and was protected by the first amendment

1992

Shaw v. Reno

Equal Protection Reapportionment Racial voting lines

The U.S. Attorney General rejected a North Carolina congressional reapportionments plan because the plan created only one black-majority district. North Carolina submitted a new plan, creating two black-majority districts. One of the districts was in parts, no wider than the interstate road Five North Carolina residents challenged the constitutionality of this unusually shaped district, saying that its purpose was to secure the election of additional black reps. The Supreme Court decided that the even though the plan was racially neutral the resulting district shape was strange enough to suggest effort to separate voters into districts based on race. The Court remanded the case saying that there was absence of contradictory evidence, the District Court would have to decide whether compelling govt interest justified the plan

1994

U.S. v. Lopez

Possession of a gun on school grounds Gun-free school zones act of 1990 Unconstitutional under Commerce Clause

A 12th grade high school student, Alfonzo Lopez, brought a concealed weapon into his San Antonio, Texas high school He was charged under Texas law with firearm possession on school grounds The next day, the state charges were dismissed after federal agents charged Lopez with violating federal criminal statue, the Gun-Free School Zones Act of 1990 The act forbids anyone from knowingly possessing a firearm at a place he knows is a school zone Lopez was found guilty Supreme Court decided that the Act was invalid because it is beyond Congress power under the Commerce Clause An investigation found that high school athletes in Vernonia School District participated in illicit drug use. School officials were worried hat the drug use increases the risk of sport-related injuries Because of this, the Vernonia school district of Oregon created the Student Athlete Drug Policy, which authorizes for random urinalysis drug testing of student athletes. James Acton, a student, was not allowed to participate in his school's football program when he and his parents refused to consent to the testing. Decided that is doesnt violate 4th amendment Two hospital associations challenged the presidents cancelation of a provision to the Balanced Budget act of 1997, which gave federal govt power to receive $2.6 billion in taxes levied against Medicaid providers by the

1994

Vernonia School District v. Acton

4th Amendment

1997

Clinton vs. NY

Line item veto Writ of certiorari

State of New York. Snake River farmer's cooperative challenged the President's cancellation of a provision of the Taxpayer Relief Act of 1997. The provision permitted some food refiners and processors to defer recognition of their capital gains in exchange for selling their stock to eligible farmers' cooperatives After a district court held the Act unconstitutional, the Supreme Court granted certiorari on expedited appeal. 2000 Bush v. Gore Per curium decision Florida re-count 2000 election Equal Protection clause After the U.S. Supreme Court's decision in Bush v. Palm Beach County Canvassing Board, and Vice President Al Gore's contest of the certification of Florida presidential election results, on December 8, 2000 the Florida Supreme Court ordered that the Circuit Court in Leon County count by hand 9000 contested ballots from Miami-Dade County It also ordered that every county in Florida must immediately begin manually recounting all "under-votes" George Bush Richard Cheney requested for review in the U.S. Supreme Court Recounting ballots was deemed constitutional by Supreme Court Congress passed the Child Online Protection Act (COPA) to keep minors from having access to pornography on the Internet. The American Civil Liberties Union (ACLU) and online publishers sued to federal court Argued that the act violated freedom of speech Courts agreed, but compromised that it would be on a community standards basis

2002

Ashcroft v. ACLU

1st Amendment Exposure to children What was the outcome?

2003

Lawrence v. Texas

14th Amendment

Responding to a reported weapons disturbance in a private

Due Process Privacy Same- sex relationships

residence, Houston police entered John Lawrences apartment and saw him and another man, Tyron Garner, having consensual sex. Lawrence and Garner were arrested and convicted of deviate sexual intercourse, violating the Texas statue forbidding two persons of the same sex from having certain intimate sexual conduct. The state court of appeals deemed the law unconstitutional under the Due Process and 14th Amendment. Supreme Court agreed