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SUPREME COURT CASES
(homework: Please do Units 4 & 5
PRETESTS in Review Book)
COME UP WITH TWO SPECIFIC
QUESTIONS FOR EACH UNIT
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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:
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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- 18011835
– 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 1886
1. states can’t regulate trade, only Congress
ii.US v. EC Knight- failed anti- Trust suit 1895
iii.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 I
i. Limits free speech during time of war
ii.“clear and present danger”
b.Korematsu v. US (1944) WORLD WAR 2
i. 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 Warren1954- 1969
a. VERY influential court in expanding civil right and criminal
rights
b. 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 Rights
i. Mapp v. Ohio- 1961 evidence found without a search warrant
cannot be used in Court
ii. Gideon v. Wainwright- 1963 states must provides defense
attorneys for all criminal cases
iii.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 school
b.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 PRESS
i. Freedom of press (gov’t could not stop them from
publishing Pentagon Papers)
b.US vs. Nixon
i. 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.
2.
3.
4.
voting rights of minorities
guarantees of free speech and press
principle of separation of church and state
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