Marbury v. Madison (1803)
Question – Does the Supreme Court
have the authority to declare laws
passed by Congress unconstitutional?
Ruling – Yes. Established the power
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
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
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
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
Ruling: a state cannot deprive one
(slaveowner) of his property (Dred
Scott, slave) without “due process”
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.
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
of the ________ Amendment.
Heart of Atlanta Motel v. US
Question – Do businesses have the right
to choose their own customers without
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 ______
Overturned decision in Furman v. Georgia.
Regents of California v.
Question – Are college admission policies
that give preferential treatment to
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
Ruling – Yes, under the ____ Amendment
case was found a “reasonable” use of
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.
Question – Does censorship of school run
papers violate student’s 1st Amendment
Ruling – The U.S. Supreme Court held for
the first time that public school officials
may impose __________________ on
what appears in school-sponsored student
Texas v. Johnson (1989)
Question – Is flag burning protected under
the 1st Amendment right to freedom of
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
“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
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
In Re Gault (1967)
Question – Are juveniles accused of crimes
awarded the same “due process” rights as
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.