Supreme Court Cases

Question 1

Marbury v. Madison

Answer 1

Concepts: Judicial v. Executive Power/Judicial Review

Precedent
The Supreme Court has the power of judicial review over national laws and congressional acts.

Question 2

Murray v. Curlett & Abington School District v. Schempp

Answer 2

Concepts: Bible Readings/Reserved Clause v. Establishment Clause

Issue
Whether a state, in creating a statute that promotes prayer in its public school system, is violating the establishment clause of the First Amendment, which states that the government may not establish any religion.

Precedent: Religious activities in schools must be on a voluntarily basis. No school can mandate participation in religious activities.

Question 3

Tinker v. Des Moines School District

Answer 3

Concepts: Symbolic Speech/Students’ Right to Free Speech v. State Rights

Issue: Whether Marybeth and John Tinker have a First Amendment right to free speech to wear black armbands as a symbol of protest in a public school.

Precedent: Freedom of expression is protected in school as long as it does not interfere with the educational process.
Students do not shed their constitutional rights at the schoolhouse gate.

Question 4

Hazelwood School District v. Kuhlmeier

Answer 4

Concepts: Censorship/State Rights v. Students’ Free Press Rights

Issue
Whether the Hazelwood School District violated the freedom of expression right of the First Amendment by regulating the content of its school newspaper.

Precedent
School officials have the right to censor all publications at school. The censorship is not a violation of free expression.

Question 5

Texas v. Johnson

Answer 5

Concepts: Flag Burning/Free Speech

Issue
Does a law against desecration of the American flag violate an individual’s right to freedom of speech as found in the First Amendment?

Precedent
Freedom of expression is protected even if it is offensive. (As long as it does not infringe on other’s rights.)

Question 6

Mapp v. Ohio

Answer 6

Concepts: Warrantless Search/Right to Privacy v. State “Police Powers”

Issue
Whether Miss Mapp’s Fourth Amendment right to be secure from search and seizure was violated during the search of her home.

Precedent
Established the exclusionary rule. Any evidence obtained incorrectly would be a violation of due process and could not be admissible in a court of law.

Question 7

Miranda v. Arizona

Answer 7

Concepts: Self-Incrimination/Rights of the Accused v. State “Police Powers”

Issue
Whether the state of Arizona violated the constitutional rights of Miranda under the Fifth, Sixth, and Fourteenth Amendments when they interrogated him without advising him of his constitutional right to remain silent.

Precedent
Police must read suspects their rights. If they fail to read the suspect their rights, then any evidence obtained until a lawyer is present is inadmissible under the exclusionary rule.

Question 8

Gideon v. Wainwright

Answer 8

Concepts: Right to Counsel v. Rights of the Accused v. State Rights

Issue
Whether the state of Florida violated Gideon’s Sixth Amendment right to counsel, made applicable to the states by the Fourteenth Amendment, by not providing him with the assistance of counsel for his criminal defense.

Precedent
All states must provide an attorney in all felony and capital cases (criminal cases) for people who cannot afford one.

Question 9

Gregg v. Georgia

Answer 9

Concepts: Cruel and Unusual Punishment v. Death Penalty

Issue
Whether the state of Georgia could constitutionally use the death penalty as long as there are guidelines intended to prevent its arbitrary use.

Precedent
Capital punishment is a state’s prerogative as long as it is administered fairly and equally.