Landmark Supreme Court Cases                                                                                            

 

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Ø       established “judicial review,” the principle that the courts can review laws to determine their constitutionality

Ø       Constitution is the supreme law of the land, and it’s the courts’ job to uphold the Constitution

 

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Ø       Congress cannot prohibit slavery in territories and states (Missouri Compromise was unconstitutional)

Ø       Slaves were not federal citizens and could not sue in federal court

 

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Ø       14th Amendment (equal protection): Segregation is legal as long as facilities were equal

Ø       “separate but equal” IS constitutional

 

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Ø       14th Amendment: Segregation is automatically illegal because it implies that one race is better than another,

which violates the equal protection clause of the 14th Amendment

Ø       “Separate is NOT equal”

 

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Ø       right to attorney: 6th Amendment right to an attorney applies to all cases in both state and federal court

 

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Ø       constitutional rights: suspects must be read their constitutional rights when arrested or custodially

interrogated (Miranda rights)

 

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Ø       privacy: protects the right to an abortion

 

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Ø       executive privilege: presidents can only withhold information for national security issues

 

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Ø       free speech: students have the right to free speech in school if they do not disrupt learning

 

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Ø       free press: a student’s right to free press can be restricted if it is involved in the school

                curriculum; this allows the school to ensure that desired learning objectives are met

 

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Ø       affirmative action:  schools may use race as part of admissions process, but not the only criteria

Ø       using only race as a requirement is reverse discrimination

 

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Ø       4th Amendment (search and seizure): school officials only need reasonable suspicion to search students

(not probable cause or a search warrant)

 

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