1 - Perry Local School District



The following are just some of the Landmark Supreme Court decisions in American History. Each case is supplied with the essential information you will need to know.

1. What was the constitutional question?

2. What were both sides contesting?

3. What was the Supreme Courts decision?

You will be expected to know each case and the key terminology. We will spend at least two days in class reviewing these cases using creative and fun strategies. I encourage you to look up additional background on any cases in which you are confused about. At the end of the document is a work cited page that will assist you.

I also suggest grouping the cases by categories. This will help you when trying to recall the cases and their content. Fill out the Classifications worksheet found on the website.

1. Adarand Construction v. Pena

Constitutional Question: if the concept of ‘disadvantaged persons’ is based on race alone, and therefore given favored treatment, a violation of the equal protection of the 14th amendment and Due Process of the 5th amendment.

Plaintiff Contesting: Mountain Gravel was under contract with the US depratment of Transportation. They looked for bids from a subcontractor. The lowest bidder was not awarded the subcontract because they were not labeled as ‘disadvantaged.’ There was a greater monetary advantage for Mountain Gravel to subcontract with a higher bidder that was labeled disadvantaged and Adarand Construction felt the bous incentive, that caused him to lose the contact, was unconstutional.

Defendant Contesting: Adhered to the laws and provision of the Small Business Association and the federal government.

Supreme Court Decision: Ruled in favor of the US department of transportation, that when race- based issues are involved, the best way to analyze them is ‘strict scrutiny.’

2. Boy Scouts of America (2000)

Constitutional Question: Does the New Jersey public accommodation law interfere with the Boy Scouts 1st amendment right of expressive association and thus allow them to bar homosexual adult members.

Plaintiff Contesting: The Boys Scouts of America acted against New Jersey State law that prohibited discrimination based on sexual orientation in places of public accommodation.

Defendant Contesting: The Boys Scouts is a private non-profit organization and the plaintiff’s actions work against the morals and values the Boy Scouts exhibit.

Supreme Court Decision: 5-4 decision in favor of the Boy Scouts. The public accommodations law did violate the Boy Scouts 1st amendment right. The Boy Scouts were able to prove that homosexuality worked against its ethics so they had the constitutional right to bar it.

3. Brown v. Board of Education

Constitutional Question: Between white and black schools equal curricula, buildings, qualifications, and teacher salaries had already been determined. So did it act against the 14th amendment to segregate schools solely based on race.

Plaintiff Contesting: segregating school children based solely on race was unconstitutional.

Defendant Contesting: Legally, public schools could segregate based on race, like many other public places.

Supreme Court Decision: 9-0 decision in favor of Brown. It was in violation of

the 14th amendment when schools segregate solely on race.

4. Buckley v. Valeo Cases

Constitutional Question: Did the disclosure and limitations placed on campaign donations by the Federal Elections Campaign Act of 1971 violate the First Amendment protection of freedom of speech and freedom of expression?

Plaintiff Contesting: Buckley wanted the key provision found in the Federal Elections Campaign Act of 1971 over turned because he felt they violated 1st amendment rights.

Defendant Contesting: Valeo was a former member of the FEC and represented the government in this case. He believed the Federal Elections Campaign Act of 1971 did not violate the constitution and enhanced democracy by making elections fairer.

Supreme Court Decision: the cases established to main parts of financing elections. First, limitations and restrictions on individuals to candidates and campaigns did not violate the first amendment. They acted as a safe guard against corrupt practices. Second, candidates can give an unlimited amount of their own money to their campaign because this did not enhance or promote, in any significant manner, unethical practices.

5. Engle v. Vitale

Constitutional Question: does the voluntary reading of a non-denominational prayer each morning in a public school violate the 1st amendment freedom of religion clause?

Plaintiff Contesting: The prayer violated certain families’ beliefs concerning religion.

Defendant Contesting: the prayer is non-denominational and voluntary.

Supreme Court Decision: prayer in school is in violation of the 1st amendment regardless of how it is presented because of the separation of church and state.

6. Escobedo v. Illinois

Constitutional Question: Danny Escobedo was held and interrogated by police for hours. He asked several times to meet with his lawyer. His requests were denied and he, subsequently, confessed to murder. Did the tactics of the police violate the 6th amendment provision of a right to counsel?

Plaintiff Contesting: Escobedo was treated in a manner that violated his constitutional right to counsel

Defendant Contesting: Police complied with laws and protocol.

Supreme Court Decision: in a 5 -4 decision the Supreme court concluded that Escobedo’s right to counsel under the 6th amendment was impeded on because he was not fully aware of his right to remain silent rather than incriminate himself.

7. Furman v. Georgia

Constitutional Question: Furman was burglarizing a home when a resident of the home discovered him. He tried to run, but he tripped, fell and the gun he was carrying fired and killed a resident of the home. Was the implementation of the death penalty in this case and two others (concerning rape and murder) cruel and unusual punishment and therefore in violation of the 8th and 14th amendments.

Plaintiff Contesting: The sentencing given by the lower courts in these cases were cruel and unusual.

Defendant Contesting: The disposition given in these cases were in compliance and to the caliber of the crime.

Supreme Court Decision: the Supreme Court determined that in these cases the death penalty was cruel and unusual. This decision forced state and local governments to rethink their laws concerning capital crimes.

8. Gideon v. Wainwright

Constitutional Question: Gideon was charged with a felony for breaking and entering. He could not afford and attorney and when he asked for the court to provide him with one, it refused. Was the court’s refusal to provide Gideon with an attorney a violation of due process and the right to a fair trial found in the 5th and 6th amendments?

Plaintiff Contesting: The way which Gideon was treated by the court violated his constitutional rights.

Defendant Contesting: The court is only obligated to appoint counsel to indigent defendants in capital

cases.

Supreme Court Decision: 9-0 decision found that Gideon’s constitutional rights were violated. The

provision in the 6th amendment, that guarantees legal counsel, is fundamental to a fair trial.

9. Griswold v. Connecticut

Constitutional Question: Did the US constitution protect the couple’s right to marital privacy over Connecticut state law?

Plaintiff Contesting: The couple’s right to counseling was protected by marital privacy in issues concerning conception.

Defendant Contesting: it was against Connecticut state law to provide counseling or other provide other provisions to married couples for the purpose of preventing conception.

Supreme Court Decision: The constitution does not specifically provide a right to privacy, but through a combination of 1st ,3rd ,4th ,and 9th amendments, the Supreme Court voted in favor of the plaintiff

10. Hazelwood v. Kuhlmeier

Constitutional Question: Did the principal’s requiring of the articles he found inappropriate to be cut from the paper infringe upon the student’s right to free speech?

Plaintiff Contesting: The principal’s censoring of the school newspaper violated the students’ freedom of speech.

Defendant Contesting: the school had the right to censor what was put out in its newspaper.

Supreme Court Decision: Voted for the plaintiff. The 1st amendment did not require schools to sponsor certain types of student speech. As long as the editing by the school complied with a few basic standards, it was fine. In this particular case, the principal met the criteria.

11. Heart of Atlanta Motel v. United States

Constitutional Question: Congress’s passage of title II of the Civil Rights Act of 1964 violated the commerce clause of the constitution.

Plaintiff Contesting: The law that required a business not to turn away customers based on race violated a business’s right to choose its own customers.

Defendant Contesting: Racial discrimination was illegal in a place of public accommodation.

Supreme Court Decision: 9 votes for US. The court concluded that even without the government

regulation, places of public accommodation did not have the ‘right’ to choose its customers.

12. Hustler v. Falwell

Constitutional Question: In the first Amendment, does freedom of speech extend to statement about public figures that could possibly be offensive and cause emotional stress.

Plaintiff Contesting: The actions of Hustler magazine infringed upon Falwell’s personal rights, causing emotional distress and other harms.

Defendant Contesting: The press was within its right when exposing Falwell.

Supreme Court Decision: 8 votes for, zero The Court found that to uphold the judgment of the lower courts would affect all political satire. Public officials and public figures were held unable to recover in emotional distress, when they could not prove that the publication was made knowingly, with actual malice. A parody, while admittedly in bad taste, is not considered malicious.

13. Katz v. United States

Constitutional Question: does the protection from unreasonable search and seizure of the Fourth Amendment require police to get a search warrant to wiretap a pay telephone.

Plaintiff Contesting: The tapes used against him were not useable as evidence because they infringed upon his 4th amendment rights.

Defendant Contesting: The phone booth was a public place and the police did not need a warrant to monitor it.

Supreme Court Decision: The fourth amendment protects people not places. Therefore the police needed a warrant to keep record of Katz’s phone conversations regardless of where they took place at.

14. Kelo v. City of London 2005

Constitutional Question: if a government takes private land for private use, to stimulate the economy, is the 5th amendment violated?

Plaintiff Contesting: The city taking land from individuals without compensation violated the 5th amendment.

Defendant Contesting: the 5th amendment talks about private lands taken for public use the city took the land and kept it private.

Supreme Court Decision: 5/4 decision that the 5th amendment was not violated.

15. Korematsu v. United States

Constitutional Question: Did the president with executive order 9066 and congress go beyond war powers by excluding the rights of Americans of Japanese descent.

Plaintiff Contesting: His rights as an American were taken away under the executive order and he should not be made to follow it.

Defendant Contesting: in a time of war the situation is different

Supreme Court Decision: sided with the American government. The actions taken against the Japanese Americans was just and even trumped rights under times of “emergency and peril”

16. Mapp v. Ohio

Constitutional Question: May evidence be used that was taken in violation of the 4th amendment and is it protected by the 1st amendment in freedom of expression.

Plaintiff Contesting: The materials taken from her home in an illegal search were her freedom of expression

Defendant Contesting: the exposure of the obscene material were incriminating

Supreme Court Decision: The court looked past the 1st amendment issue and determined that all evidence obtained against the 4th amendment could not be used in court.

17. Miranda v. Arizona

Constitutional Question: does interrogation by the police without notifying people of their right to protect against self incrimination and their right to an attorney violate the 5th amendment?

Plaintiff Contesting: suspects were held with absolutely not contact to the outside world and were not aware of their rights, this is not constitutional.

Defendant Contesting: suspects were treated lawfully but interrogated into a confession.

Supreme Court Decision: Prosecutors had to make suspects aware of their right to remain silent and the right to counsel.

18. New York Times v. Sullivan

Constitutional Question: did not making Sullivan prove that the ad in the NYT personally harmed him or proving factuality infringe upon the 1st amendment freedom of speech and press?

Plaintiff Contesting: statements made by the paper should be factually correct and not target and individual.

Defendant Contesting: The NYT ad complied with freedom of the press.

Supreme Court Decision: The 1st amendment protects all statements even false ones. The paper could not be prosecuted unless intentional malice could be proven.

19. New York Times v. United States

Constitutional Question: did the Nixon administration’s attempt to keep material ‘classified’ act against the 1st amendment?

Plaintiff Contesting: The United States government could not prevent the publication of stories even if they are labeled as classified information.

Defendant Contesting: The information kept out of publication had a classification ranking that kept it from being circulated for the mass public to see.

Supreme Court Decision: the court sided with the New York Times. It found that the publication of the story would not cause and inevitable or immediate threat to the security of the nation. Also, their was already high suspicion that the government was trying to withhold information from the press on a similar issue previously that was not overlooked in the decision of this case.

20. Printz v. United States

Constitutional Question: Under the necessary and proper clause of article one of the constitution, could state CLEO’s be forced to perform background checks on prospective gun holders as the Brady Act called for.

Plaintiff Contesting: it was unconstitutional for state officials to carry out a federal task, even temporarily

Defendant Contesting: the background checks and the Brady Bill were in attempt to decrease handgun related violence and state CLEO’s were only to perform the background checks until the federal system was established.

Supreme Court Decision: the necessary and proper clause was not applicable in this situation. It was not constitutional, temporarily or permanently, for a state official to carry out a federal task.

21. Regents of the University of California v. Bakke

Constitutional Question: Did Bakke’s rejection because of his race violate the equal protection clause of

the 14th amendment and the civil rights act of 1864?

Plaintiff Contesting: Bakke was excluded from the University of California medical program solely on the basis of race

Defendant Contesting: 16 spots of every 100 in the medical program were awarded to individuals of minorities as a part of the University’s affirmative action program

Supreme Court Decision: 5/4 decision for Bakke, but there was not one majority opinion.

22. Roe v. Wade

Constitutional Question: Does the constitution allow a woman the right to terminate a pregnancy by and abortion

Plaintiff Contesting: Ms. Roe felt she could terminate her pregnancy at her will.

Defendant Contesting: it was against Texas law to have an abortion except in a case where the mother’s was threatened

Supreme Court Decision: a woman’s right to an abortion fell within the privacy clause of the 14th amendment. This ruling gave women complete authority over the 1st trimester of pregnancy and other provisions during the 2nd and 3rd.

23. Schenck v. United States

Constitutional Question: Are Schenck’s actions of rejecting the draft and urging peaceful protest protected by the 1st amendment?

Plaintiff Contesting: It was legal to disagree with the government

Defendant Contesting: Schenck was conspiring to violate the espionage act and create insubordination

within the military.

Supreme Court Decision: 9-0 decision found Schenck was not protected in this situation. His action

presented a “clear and present danger” and that some actions that are tolerable in a time of peace are not

acceptable in times of war.

24. Texas v. Johnson

Constitutional Question: Is the destruction of the American flag, by any means, an action that is

protected by freedom of speech found in the 1st amendment?

Plaintiff Contesting: Johnson’s actions were against Texas law that prohibited his actions and those like it

Defendant Contesting: Johnson’s actions were protected by the first amendment.

Supreme Court Decision: 5/4 decision in favor of Johnson. An audience that takes offence to an action does not mean that the first amendment does not protect it.

25. Tinker v. Des Moines

Constitutional Question: as a symbol of protest, is the wearing of armbands in a public school protected as freedom of expression under the 1st amendment.

Plaintiff Contesting: it was the students choice to protest the war by wearing armbands. This action is protected by their freedom of expression.

Defendant Contesting: The school has a rule against the armbands and the students refusing to take them off were against school rules.

Supreme Court Decision: Freedom of expression is limited in school but in this situation the principal failed to show the armbands would limit discipline or education in the school.

26. United States v.Nixon

Constitutional Question: Is the president’s right to safeguard information with executive privilege completely immune to judicial review.

Plaintiff Contesting: Nixon and the others involved in the Watergate affair were not immune to judicial review.

Defendant Contesting: By using executive privilege, he and those indicted because of the Watergate scandal were immune to judicial review.

Supreme Court Decision: The claims of separation of powers nor the need to keep certain information private were able to sway the supreme court in favor of the president. Instead the Supreme Court ruled that, in order for there to be a “fair administration of justice” executive privilege did not trump the subpoena of the Supreme Court.

27. Van Orden v. Perry

Constitutional Question: Does a display of the Ten Commandments violate the 1st amendment provision that barred the government from passing laws that involved and establishment of religion?

Plaintiff Contesting: Found that the display of the Ten Commandments was a government endorsement of religion.

Defendant Contesting: The display served a legitimate secular purpose and to any “reasonable observer” the display would not seem to be a government endorsement of religion.

Supreme Court Decision: in a 5/4 decision the supreme court found the display was protected under the establishment clause. Although the Ten Commandments has religious meaning, their historical meaning made them a legal display.

28. Wallace v. Jaffree

Constitutional Question: Did the authorization of the prayer in school violate the 1st amendment establishment of religion clause?

Plaintiff Contesting: Alabama teachers had the option of praying during the school day.

Defendant Contesting: Three of Jaffree’s children attend public school and the permitted prayer was against his children’s freedom of religion.

Supreme Court Decision: after a secular purpose test, the Supreme Court found that the true intent of the prayer during the school day had a religious purpose and was, thus, unconstitutional.

29. Citizen United vs FEC

Constitutional Questions: 1) Do the BCRA's disclosure requirements impose an unconstitutional burden when applied to electioneering requirements because they are protected "political speech" and not subject to regulation as "campaign speech"? 2) If a communication lacks a clear plea to vote for or against a particular candidate, is it subject to regulation under the BCRA? 3) Should a feature length documentary about a candidate for political office be treated like the advertisements at issue in McConnell and therefore be subject to regulation under the BCRA?

No. Yes. Yes. By a 5-to-4 vote along ideological lines, the majority held that under the First Amendment corporate funding of independent political broadcasts in candidate elections cannot be limited. Justice Anthony M. Kennedy wrote for the majority joined by Chief Justice John G. Roberts and Justices Antonin G. Scalia, Samuel A. Alito, and Clarence Thomas. Justice John Paul Stevens dissented, joined by Justices Ruth Bader Ginsburg, Stephen G. Breyer, and Sonia Sotamayor.

The majority maintained that political speech is indispensable to a democracy, which is no less true because the speech comes from a corporation. The majority also held that the BCRA's disclosure requirements as applied toThe Movie were constitutional, reasoning that disclosure is justified by a "governmental interest" in providing the "electorate with information" about election-related spending resources.

The Court also upheld the disclosure requirements for political advertising sponsors and it upheld the ban on direct contributions to candidates from corporations and unions.

In a separate concurring opinion, Chief Justice Roberts, joined by Justice Alito, emphasized the care with which the Court handles constitutional issues and its attempts to avoid constitutional issues when at all possible. Here, the Court had no narrower grounds upon which to rule, except to handle the First Amendment issues embodied within the case. Justice Scalia also wrote a separate concurring opinion, joined by Justices Alito and Thomas in part, criticizing Justice Stevens' understanding of the Framer's view towards corporations. Justice Stevens argued that corporations are not members of society and that there are compelling governmental interests to curb corporations' ability to spend money during local and national elections.

Key Terminology:

Civil Rights: Right to be free from unequal treatment due to race, gender or disability. The 5th and 14th amendments Equal Protection Clause is used to protect Civil Rights.

Civil Liberties: Protections from arbitrary government interference of unalienable rights such as speech, press, illegal searches. The 5th and 14th amendments Due Process Clause is used to protect Civil Liberties.

Judicial restraint: This doctrine holds that justices should interpret the Constitution and not use cases to establish new rights or new law.

Judicial activism is a political term used to describe judicial rulings that are suspected to be based upon personal and political considerations other than existing law.

Stare decicis: The legal principle of abiding by established court decisions. Senators frown on nominees who appear eager to overturn Supreme Court precedents. But nominees also must show they have an open mind on each case that comes before them.

Writ of habeas corpus (habeas petition): Latin for "you have the body," the writ of habeas corpus dates back to medieval England. It gives prisoners the right to challenge their detentions in court. It's a key ingredient in death penalty cases, as well as the basis for U.S.-held terror suspects in Guantanamo Bay and elsewhere gaining access to U.S. courts.

Writ of Certiorari: Latin (to be certified); a petition seeking appeal of a case or ruling to the U.S. Supreme Court or a state court of final authority. It is permissive and not a matter of right.

Rule of Four: Four justices must agree to a Writ of Certiorari for the case to be scheduled.

Amicus Curiae – Latin for "friend of the court." It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case

Appellate – About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.

De Facto – Latin, meaning "in fact" or "actually." Something that exists in fact but not as a matter of law.

De Jure – Latin, meaning "in law." Something that exists by operation of law.

per curiam decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively and anonymously

Majority opinion --is a judicial opinion agreed to by a majority of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision.

Minority

Dissenting opinion (or dissent) is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.

Concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision.

Selective incorporation- is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. In the past the Bill of Rights was held only to apply to the federal government. Under the incorporation doctrine certain provisions of the Bill of Rights now also apply to the states, by virtue of the due process clause of the Fourteenth Amendment of the Constitution.

Litigation: the act or process of bringing or contesting a legal action in court. A lawsuit.

Class-Action suit: A case brought into court by a person on behalf not only of himself or herself but of all other persons in a similar circumstance

Arbitrary Power: the authority to act in any manner that a person sees fit to do.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download