Landmark Landmark Supreme Court Supreme Court

Cases:Cases:

Mr. BloughMr. Blough

Academic CivicsAcademic Civics

Precedent CasePrecedent Case

A case that serves as a model for future A case that serves as a model for future cases.cases.

Example – Privacy rightsExample – Privacy rights 1965 – Griswold v. Connecticut – 1965 – Griswold v. Connecticut – woman woman

has a right to privacyhas a right to privacy when buying birth when buying birth controlcontrol

1973 – Roe. v. Wade – 1973 – Roe. v. Wade – woman has a right to woman has a right to privacy privacy when getting an abortionwhen getting an abortion

Precedents are useful for helping SC Precedents are useful for helping SC judges make opinionsjudges make opinions

Marbury v. Madison (1803):Marbury v. Madison (1803):

In 1803, Thomas Jefferson took over as President.In 1803, Thomas Jefferson took over as President. Jefferson’s Predecessor, John Adams, promised Jefferson’s Predecessor, John Adams, promised

William Marbury (a justice of the peace) a William Marbury (a justice of the peace) a commission ($$), to which neither Jefferson nor commission ($$), to which neither Jefferson nor his Secretary of State, James Madison deliveredhis Secretary of State, James Madison delivered

Marbury, citing the Judiciary Act of 1789, argued Marbury, citing the Judiciary Act of 1789, argued that the Supreme Court should order Madison to that the Supreme Court should order Madison to pay Marbury his commission.pay Marbury his commission.

The Supreme Court ruled that the Judiciary Act The Supreme Court ruled that the Judiciary Act itself was itself was unconstitutionalunconstitutional and Marbury lost his and Marbury lost his case.case.

The decision established The decision established “judicial “judicial review”review”: : the evaluation of federal laws’ the evaluation of federal laws’ constitutionality as a power of the constitutionality as a power of the Supreme CourtSupreme Court

The Supreme Court has the ability to The Supreme Court has the ability to review laws, cases, decisions, etc. and review laws, cases, decisions, etc. and judge their constitutionality.judge their constitutionality.

Major Check/Balance Major Check/Balance power against the other power against the other two brances two brances

Plessy v. Fergusson (1896):Plessy v. Fergusson (1896):

A Louisiana law required separate seating A Louisiana law required separate seating for white and African Americans on public for white and African Americans on public railroads railroads ((segregationsegregation))..

----Herman PlessyHerman Plessy said his said his 14th 14th AmendmentAmendment rights rights (Equal Protection (Equal Protection Clause)Clause) had been violated. had been violated.

----The Supreme Court ruled that his The Supreme Court ruled that his rights were not violatedrights were not violated, and , and segregated public facilities were segregated public facilities were permitted until 1954.permitted until 1954.

Brown v. Board of Education of Topeka Brown v. Board of Education of Topeka (1954)(1954)

10-year-old, 10-year-old, Linda BrownLinda Brown, was not allowed to , was not allowed to attend her neighborhood school because she attend her neighborhood school because she was African American.was African American.

--Linda Brown said her --Linda Brown said her 14th Amendment 14th Amendment rightsrights ( (Equal Protection ClauseEqual Protection Clause) had been ) had been violated.violated.

----The Supreme Court ruled that “separate The Supreme Court ruled that “separate but equal” segregation was a violation of but equal” segregation was a violation of the Equal Protection Clausethe Equal Protection Clause.. This decision This decision overturned the precedent established by overturned the precedent established by Plessy v. Ferguson in 1896.Plessy v. Ferguson in 1896.

Mapp v. Ohio (1962):Mapp v. Ohio (1962):

Dollree MappDollree Mapp was was convicted of having obscene convicted of having obscene materials in her home.materials in her home.

Mapp appealed the conviction, saying that Mapp appealed the conviction, saying that the police the police had violated her rights by had violated her rights by entering her house entering her house without a warrantwithout a warrant..

The Supreme Court overturned the lower court’s The Supreme Court overturned the lower court’s decisiondecision, saying that the police had acted , saying that the police had acted improperly, this excluding the evidence that they improperly, this excluding the evidence that they had found.had found.

““Exclusionary Rule”:Exclusionary Rule”: excludes all evidence that is excludes all evidence that is found in illegal police searched.found in illegal police searched.

Clarence GideonClarence Gideon

Gideon v. Wainwright Gideon v. Wainwright (1963):(1963):

Clarence GideonClarence Gideon was found was found guilty of breaking guilty of breaking and entering and sentenced him to 5 years in and entering and sentenced him to 5 years in prison.prison.

Gideon appealed claiming that Gideon appealed claiming that he did have the he did have the right to an attorney and the Supreme Court right to an attorney and the Supreme Court agreedagreed

Gideon received a new trialGideon received a new trial (with a court-(with a court-appointed attorney) appointed attorney) and was and was found not guilty.found not guilty.

““The Gideon Rule”: The Gideon Rule”: guarantees counsel to all guarantees counsel to all poor persons facing a felony charge (6th poor persons facing a felony charge (6th Amendment).Amendment).

Miranda v. Arizona (1966):Miranda v. Arizona (1966):Ernesto MirandaErnesto Miranda was arrested for kidnapping and was arrested for kidnapping and

sexual assault – sexual assault – he signed a full confession he signed a full confession including a statement that he “had full knowledge including a statement that he “had full knowledge of his legal rights.”of his legal rights.”

Miranda appealed claiming that he Miranda appealed claiming that he had not had not received warning or legal council to guide his received warning or legal council to guide his decision to confess.decision to confess.

The Supreme Court agreed with MirandaThe Supreme Court agreed with Miranda, saying , saying that all suspects must be forewarned that they that all suspects must be forewarned that they have the right to remain silent and the right to an have the right to remain silent and the right to an attorney.attorney.

““Miranda Rule”:Miranda Rule”: before a suspect is questioned by before a suspect is questioned by police, he/she must be:police, he/she must be:

The Miranda Rights:The Miranda Rights:

1. Told of their right to remain silent.1. Told of their right to remain silent.

2. Warned that whatever they say may be 2. Warned that whatever they say may be used in court.used in court.

3. Informed of their right to an attorney.3. Informed of their right to an attorney.

4. Informed that an attorney will be 4. Informed that an attorney will be provided if they cannot afford one.provided if they cannot afford one.

5. Told that they can stop police 5. Told that they can stop police questioning at any time.questioning at any time.

Roe v. Wade (1973)Roe v. Wade (1973)

The issue in The issue in Roe v. Wade Roe v. Wade was not abortion; it was not abortion; it was actually about privacywas actually about privacy

In In Griswold v. Connecticut (1965), Griswold v. Connecticut (1965), the SC the SC found that a woman’s right to privacy is found that a woman’s right to privacy is protected when she is looking for birth protected when she is looking for birth controlcontrol

In In Roe v. WadeRoe v. Wade, the SC used , the SC used GriswoldGriswold as a as a precedent to uphold the practice of abortionprecedent to uphold the practice of abortion

However, states may make laws that However, states may make laws that regulate abortionregulate abortion

Gregg v. Georgia (1976):Gregg v. Georgia (1976):

Troy GreggTroy Gregg was was sentenced to death after being sentenced to death after being found guilty of 2 counts of armed robbery and found guilty of 2 counts of armed robbery and 2 counts of murder.2 counts of murder.

Gregg appealed claiming that Gregg appealed claiming that the sentence the sentence violated the violated the “cruel and unusual “cruel and unusual punishment” punishment” clause of the 8th Amendment.clause of the 8th Amendment.

The Supreme Court denied the appealThe Supreme Court denied the appeal, , stating for the first time that stating for the first time that “the death “the death penalty does not invariably violate the penalty does not invariably violate the Constitution”.Constitution”.

New Jersey v. T.L.O. (1985):New Jersey v. T.L.O. (1985):

T.L.O.T.L.O. (a New Jersey high school student) was sentenced (a New Jersey high school student) was sentenced to probation by juvenile court after a to probation by juvenile court after a vice-principal vice-principal searched her purse and found cigarettes and searched her purse and found cigarettes and marijuana.marijuana.

T.L.O. appealed the ruling saying T.L.O. appealed the ruling saying the principal’s the principal’s search search was unreasonable.was unreasonable.

The Supreme Court denied the appealThe Supreme Court denied the appeal, saying that , saying that schools are allowed more leeway when conducting schools are allowed more leeway when conducting searches.searches.

The Court created a The Court created a “reasonable suspicion” “reasonable suspicion” rulerule for for schools conducting searches, instead of the schools conducting searches, instead of the “probable “probable cause”cause” rulerule that exists for the rest of society. that exists for the rest of society.

SC Case ReviewSC Case Review

What were the main What were the main arguments/outcomes of each of the arguments/outcomes of each of the following cases?following cases?

Miranda v. ArizonaMiranda v. Arizona Plessy v. FergussonPlessy v. Fergusson Brown v. Board of EducationBrown v. Board of Education Gregg v. GeorgiaGregg v. Georgia Mapp v. OhioMapp v. Ohio TLO v. New JerseyTLO v. New Jersey Marbury v. MadisonMarbury v. Madison