CHAPTER 5: LANDMARK SUPREME COURT CASES
MARBURY V. MADISON – “If it weren’t for this case, we wouldn’t be covering this”
(1803)
SUMMARY: William Marbury was appointed as a federal judge by John Adams the night before he
handed the office over to Thomas Jefferson (Known as the “Midnight Judges”. Jefferson refused to
carry out the appointment, so Marbury sued for his job. The Court ruled Marbury was entitled to the
position, but the court couldn’t force it since it would violate Article 3.
 SIGNIFICANCE: This court case established the power of JUDICIAL REVIEW for the
Supreme Court.
 CONSTITUTIONAL REFERENCE: Article 3 (Judicial Branch)
PLESSY V. FERGUSON – “Segregation Debate: Part One” (1896)
SUMMARY: Homer Plessy was 1/8th African-American, which meant he was treated as if he were an
African-American. Summing it up, he sat in the “white” section on a train and was arrested. The
Court ruled that the current segregation system was fine, as long as everything was equal.
 SIGNIFICANCE: Ruled “separate but equal” WAS constitutional.
 CONSTITUTIONAL REFERENCE: Amendment 14 (Equal treatment/due process)
BROWN V. BOARD OF EDUCATION – “Segregation Debate: Part Two” (1954)
SUMMARY: Oliver Brown wanted to enroll his daughter in a nearby school. Problem was, it was a
“white school.” She was denied admission, so Brown sued. The Court reversed it’s own earlier
decision, saying “separate but equal” was just impossible, thus striking it down.
 SIGNIFICANCE: Ruled “separate but equal” WAS NOT constitutional.
 CONSTITUTIONAL REFERENCE: Amendment 14 (Equal treatment/due process)
TEXAS V. JOHNSON – “Flag-burning case…” (1989)
SUMMARY: Gregory Johnson set an American flag on fire during a protest against Ronald Reagan. He
was arrested for “desecrating a venerable object.” Johnson appealed, on the basis his actions were
protected by the 1st amendment. The Court agreed.
 SIGNIFICANCE: Ruled ACTS OF EXPRESSION were protected by the 1st amendment.
 CONSTITUTIONAL REFERENCE: Amendment 1 (Freedom of Speech)
TINKER V. DES MOINES – “Kids wearing armbands…” (1969)
SUMMARY: After the Des Moines school board prohibited black armbands in schools, three kids
decided to wear them anyways and got suspended. The parents argued the ban violated the kids’
freedom of speech. The Court agreed – sort of. The Court ruled students have the right to 1st
amendment protection… AS LONG AS THE ACTIONS ARE NOT DISRUPTIVE OR HARMS OTHERS.
 SIGNIFICANCE: Ruled ACTS OF EXPRESSION are protected by the 1st amendment. (As as well
as SYMBOLIC speech)
 CONSTITUTIONAL REFERENCE: Amendment 1
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MIRANDA V. ARIZONA – “The case any future criminal should know” (1966)
SUMMARY: Ernesto Miranda was arrested, questioned without a lawyer, and confessed to kidnapping
and raping a woman. With only his confession as evidence, Miranda was found guilty. Some felt
Miranda didn’t get a fair trial. The Court agreed and ruled that Miranda’s 5th amendment rights were
violated and overturned the conviction.
 SIGNIFICANCE: The police must inform you of your RIGHTS at the time of arrest.
 CONSTITUTIONAL REFERENCE: Amendment 5 primarily
GIBBONS V. OGDEN – “omg… BOATS” (1824
SUMMARY: New York tried to grant a monopoly to Aaron Ogden to run a ferry boat through NY.
Thomas Gibbons (who had a federal license) tried to run his ferry through NY, which caused Ogden
to sue Gibbons, saying that NY only gave him permission to sail NY waters. (In other words, this case
concentrated on who had more “pull”: the state or federal government?) The Court ruled in favor of
the federal government – based on two things: a) The Supremacy Clause, and b) Congress’ power to
regulate commerce (or trade).
 SIGNIFICANCE: “Re-affirmed” the SUPREMACY CLAUSE (Federal > State)
 CONSTITUTIONAL REFERENCE: Article 1
McCOLLUCH V. MARYLAND – “What does a bank got to do with making laws?” (1819)
SUMMARY: U.S. Congress started a national bank (2nd Bank of US). This angered the states, since the
federal bank economically hurt the state-chartered banks. Maryland imposed a tax on banks not
chartered by the state, which angered the US government. The states argued that Congress had no
right to start a bank, since it had nothing to do with making laws. The Court ruled for the federal
government however, saying that Congress could legally do so according to the “Necessary and
Proper/Elastic Clause” which grants them implied powers.
 SIGNIFICANCE: Re-affirmed” the NECESSARY AND PROPER CLAUSE (see chapter 3)
 CONSTITUTIONAL REFERENCE: Article 1 (section 18 if you want to get specific)
MAPP V. OHIO – “Do you got a search warrant?” (1961)
SUMMARY: Dolree Mapp was suspected of hiding a fugitive in her home. When police arrived to
search, she asked for a search warrant – which the police did not have. They forcibly searched
anyways and discovered “illegal” items. Her lawyer argued that the “illegal items” were seized
without a proper search warrant, so they shouldn’t be admissible in trial. The state argued that the
“exclusionary rule” (illegally-seized evidence couldn’t be used at trial) only applied to the federal
government. The Court sided with Mapp, establishing that the exclusionary rule applies to states as
well.
 SIGNIFICANCE: EVIDENCE seized illegally cannot be used at trial
 CONSTITUTIONAL REFERENCE: Amendment 4 (Search and Seizure)
REGENTS OF THE UNIVERSITY OF CALIFORNIA V. BAKKE – Affirmative Action (1978)
SUMMARY: Alan Bakke applied to medical school on several occasions and was denied. Bakke noticed
that minorities were getting accepted, despite possessing lower scores. Bakke sued on the basis that
college’s different requirements for entry (minorities had lower requirements in order to fulfill quota
requirements) and affirmative action violated the 14th amendment. The Court sided with Bakke on
one part – that the college using race as the primary factor to determine acceptance is illegal.
 SIGNIFICANCE: Using RACE as the defining criteria is unconstitutional.
 CONSTITUTIONAL SIGNIFICANCE: Amendment 14 (Equal treatment/due process)
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GIDEON V. WAINWRIGHT – “I want a lawyer…” (1963)
SUMMARY: Gideon was on trial for burglary charges. He asked for a lawyer (he couldn’t afford one)
and was denied since Florida only provided lawyers in capital cases back then. While he was in
prison, the Court reviewed Gideon’s case and sided with Gideon. They remanded his case back to
trial and he was tried again… with a lawyer.
 SIGNIFICANCE: If you cannot afford a LAWYER, the state must provide one.
 CONSTITUTIONAL REFERENCE: Amendment 6 (Rights at Trial)
SWANN V. CHARLOTTE-MECKLENBURG B.O.E – “Buses!” (1971)
SUMMARY: Schools were forced to integrate after the Brown v. Board decision. Some schools had
difficulty in integrating since most neighborhoods were segregated (which determined what school
you went to). The federal government ordered those school districts to bus the kids to different
schools. The parents and schools opposed this action, due to the cost and time. The Court sided with
the federal government, stating busing students to different schools did not violate the Constitution.
 SIGNIFICANCE: fixing racial imbalances by bussing kids to different schools was legal
 CONSTITUIONAL REFERENCE: Amendment 14
SCHENCK V. USA – “Freedom of speech DOES have its limits…” (1919)
SUMMARY: Charles Schenck, a USA socialist, wrote numerous articles insisting for American men to
resist the draft (for WW1). Schenck was arrested. Schenck argued that the 1st amendment protected
him. The Court disagreed, establishing the “CLEAR AND PRESENT DANGER” rule, which means
that the 1st amendment doesn’t apply in cases where a person’s actions can cause harm to others.
(Dodging the draft is a felony).
 SIGNIFICANCE: 1st amendment doesn’t protect if it results in the harm of others
 CONSTITUTIONAL REFERENCE: Amendment 1
KOREMATSU V. USA – “Individuals rights vs. National Security” (1944)
SUMMARY: After the Pearl Harbor attack, the US government ordered anyone of Japanese descent to
be relocated into “internment” camps. Fred Korematsu (among orders) ignored the order and was
arrested. Korematsu’s lawyers argued the government’s action violated the 14th amendment. The US
government argued that the need to protect national security against espionage outweighed an
individual’s rights. The Court sided with the federal government.
 SIGNIFICANCE: National security and preventing espionage comes before personal freedom.
 CONSTITUTIONAL REFERENCE: Amendment 14
HAZLEWOOD V. KUHLMEIER – “Freedom of press… in schools?” (1988)
SUMMARY: The principal at a high school in Missouri “censored” the student newspaper from printing
two articles in the school paper since he felt the topics were inappropriate. The parents sued the
school, saying the principal’s actions violated the students’ right to freedom of speech. The Court
however, did not agree. The Court said the 1st amendment in public schools is LIMITED, and schools
posses the right to censor in order to protect the school.
SIGNIFICANCE: Students have limited 1st amendment rights, schools can censor.
CONSTITUTIONAL REFERENCE: Amendment 1
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ROE V. WADE – “Abortion…” (1973)
SUMMARY: Norma McCorvey tried to attain a state-assisted abortion in Texas (at the time, it was
only allowed for extreme circumstances) by lying about being raped. When her lie was discovered,
she was prohibited from getting an abortion. Her lawyers sued on the basis a woman had the right to
get an abortion. The Court agreed.
 SIGNIFICANCE: A woman has the right to an abortion.
 CONSTITUTIONAL REFERENCE: Amendment 14 (with a few references to Amendment 9)
LEANDRO V. NORTH CAROLINA – “Poor schools vs. the rich…” (1994) *NC CASE*
SUMMARY: Several counties, led by Hoke County, sued the state on the way schools were funded.
They claimed it was impossible for poor schools to offer the same education as the richer schools.
The NC Supreme Court ruled that every child has a right to an equal and basic education. As a result,
poorer schools began receiving more money. In addition, schools started to be monitored by the
state by means of TEST SCORES. (This led to the increased use of standardized testing in NC). If the
school fails to do it’s job – the state could take over that school.
 SIGNIFICANCE: All children in NC are entitled to a free and sound education. More testing. EOC
tests that you all love and look forward to taking.
STATE V. MANN – “Slavery Debate” (1830) *NC CASE*
SIGNIFICANCE: Ruled slaveholders could not be prosecuted for crimes against slaves. IT DID
however raise the question of the “morality” of slavery, as an institution. (helped push the antislavery movement in the USA)
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SUPREME COURT CASES PROJECT
You will be assigned a specific case (or cases) in which you will create a powerpoint presentation about.
Your powerpoint should cover the following;
1.
2.
3.
4.
Background of the case (what happened?)
The ruling of the US Supreme Court.
How this court decision affects us today. (How was society changed, ramifications of the decision, etc)
A slide containing where you found your information (works cited slide). Any web sources should have
a hyperlink.
The notes will give you some of the information needed. The rest you will need to research.
Your powerpoint should be PROFESSIONAL. “Unprofessionalality” will result in major grade deduction. You
better use spellcheck. You better cite your sources (it’s really not that hard to tell when you copy/paste…
seriously).
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