Docstoc

Landmark Supreme Court Cases Marbury

Document Sample
Landmark Supreme Court Cases Marbury Powered By Docstoc
					  Landmark
Supreme Court
    Cases
    Marbury v. Madison (1803)
 Question – Does the Supreme Court
  have the authority to declare laws
  passed by Congress unconstitutional?
 Ruling – Yes. Established the power
  of “______________________
  ___________________”
       McCulloch v. Maryland
   Questions – 1. Did Congress overstep its
    powers by creating a national bank? 2. Do
    states have the right to pass laws that
    interfere with federal laws. (i.e. taxing the
    bank)
   Rulings – 1. No. Congress has powers
    beyond those listed in the Constitution
    found in the ____________________
    Clause. 2. No. State laws may not violate
    federal laws as described in the
    ______________________ Clause.
       Gibbons v. Ogden
 Question – Do states have the power
  to regulate trade between themselves
  and other states?
 Ruling – No, only _______________
  has the power to regulate
  ________________ trade. This is
  found in Article ____ in the
  __________________ Clause.
    Dred Scott v. Sanford (1857)
 Question: If a slave lived in a “free”
  state for a period of time, does this
  make him free even if he returns to a
  slave state?
 Ruling: a state cannot deprive one
  (slaveowner) of his property (Dred
  Scott, slave) without “due process”
  (____ Amendment).
       Plessy v. Ferguson
 Question – Are separate facilities for
  blacks and whites constitutional?
 Ruling – Yes, facilities can be
  separate, as long as they are
  provided for both races. 
  “______________________________
  ” doctrine.
Brown v. Board of Education
 Question – Does segregation based
  on race deprive citizens of their right
  to “equal protection under the law?”
 Ruling – Yes. Racial segregation it
  implies __________________ and is
  therefore unconstitutional the context
  of public education. Based on the
  ________________________ Clause
  of the ________ Amendment.
    Heart of Atlanta Motel v. US
   Question – Do businesses have the right
    to choose their own customers without
    governmental regulation?

   Ruling – No. The ___________________
    allows Congress to regulate businesses
    directly related to the flow of interstate
    goods and people.
     Furman v. Georgia (1972)
   Question – Does carrying out the death
    penalty in cases of rape and murder in this
    case constitute “cruel and unusual
    punishment” (8th Amendment)
   Ruling – ________, in this case it violated
    the Constitution. As a result, the death
    penalty was found unconstitutional for a
    period of years.
       Gregg v. Georgia (1976)
   Question – Does the death penalty constitute
    “cruel and unusual punishment”?

   Ruling – The death penalty is an
    expression of society’s “moral outrage” at
    certain crimes and if sentenced in an
    “____________ _______________”, it is
    not considered a violation of the ______
    Amendment.

               Overturned decision in Furman v. Georgia.
       Regents of California v.
               Bakke
   Question – Are college admission policies
    that give preferential treatment to
    minorities unconstitutional?
   Ruling – It depends. The use of race as a
    criterion in admissions decisions in higher
    education is constitutional
    (_________________), but the use of
    ______________ is not.
            Korematsu v. US
   Question – Did the President and Congress
    violate the Constitution by restricting the
    rights of Japanese Americans?
   Ruling – No. Such actions are justified
    during times of “____________________.”
    The President is granted this power as a
    result of “___________ ____________”
    granted in Article ____ of the Constitution.
        Gideon v. Wainwright
   Question – Are state courts required to
    provide ________________ (lawyers) in
    criminal cases for defendants who are
    unable to afford their own attorneys.
   Ruling – Yes, under the
    __________________ ALL citizens have a
    right to a lawyer, even in state courts AND
    if they are too poor to afford one.
    New Jersey vs. T.L.O. (1984)
   Question – Do schools have a right to
    search students’ property without a
    warrant if student is suspected of breaking
    a law?
   Ruling – Yes, under the ____ Amendment
    (_____________________________), this
    case was found a “reasonable” use of
    force.

           Schools need a reasonable suspicion, however.
    Tinker v. Des Moines (1969)
   Question – Is a suspension for war
    protest a violation of 1st Amendment right
    to free speech?
   Ruling – Protest that “____________
    _____________” in school IS protected
    under the 1st Amendment.

“it can hardly be argued that either students or teachers shed their constitutional rights
                      to freedom of speech at the schoolhouse gate.”
Bethel School District v. Frasier
   Question – Is a suspension for lewd
    speech a violation of a student’s First
    Amendment right to free speech?
   Ruling – Certain styles of speech (sexually
    vulgar) ______________ on other
    student’s right to learn and school’s right
    to ___________ this speech is not a
    violation of the 1st Amendment
     Hazelwood School District v.
           Kuhlmeir (1988)
   Question – Does censorship of school run
    papers violate student’s 1st Amendment
    rights?
   Ruling – The U.S. Supreme Court held for
    the first time that public school officials
    may impose __________________ on
    what appears in school-sponsored student
    publications.
         Texas v. Johnson (1989)
    Question – Is flag burning protected under
     the 1st Amendment right to freedom of
     speech?
    Ruling – ________

    One of the most controversial decisions ever, and an Amendment to
         the Constitution making flag burning illegal continues to be
                            proposed to this day.
           Engel v. Vitale (1962)
   Question – Does it violate the 1st
    Amendment right to freedom of religion
    to compose an official school prayer and
    require its recitation in public schools?
   Ruling – _____. It is a violation of the
    ______________________Clause of the
    1st Amendment.

“Almighty God, we acknowledge our dependence upon Thee, and we beg Thy
       blessings upon us, our parents, our teachers and our country. Amen.”
                   Miranda v. Arizona
   Question – If a defendant is not informed
    of his right against _____ Amendment
    right to protection from self-incrimination
    or his ____ Amendment right to counsel,
    does this violate his 5th Amendment
    “_____ __________” rights?

   Ruling – ________, a defendant must be
    made aware of his rights or any
    confession will not be considered
    “voluntary”.
    The Miranda Warning is what we now call the formal warning cops give to people when they are arrested.
         Mapp v. Ohio (1961)
   Question – Can evidence obtained in
    violation of the 4th Amendment
    (unreasonable search and seizure) be
    used in court?
   Ruling – No, any evidence obtained
    without a search warrant cannot be used
    against you. This is know as the
    ______________________ Rule.
                    In Re Gault (1967)
   Question – Are juveniles accused of crimes
    awarded the same “due process” rights as
    adults?

   Ruling – Yes, juveniles get the same rights as
    adults. Based on the ____Amendment’s
    _________________ Clause. One exception
    noted in the Court’s opinion was that juveniles
    do not get the 6th Amendment right to
    _________________. (Why might this be?)

        “In re” is Latin for “in the matter of” and indicates a judicial case that may not formally have another party.

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:1
posted:10/3/2012
language:Unknown
pages:22