Civic Literacy Practice Course Notes

Introduction

The lecture aims to provide confidence in understanding the majority of 22 key Supreme Court cases.
A practice test and PowerPoint are available for download on Canvas.

Supreme Court's Focus

The Supreme Court rules on cases involving violations of the Constitution.
This includes concepts within the Constitution and potential violations of its amendments.

Dred Scott versus Sanford (1800s, pre-Civil War)

Dred Scott was a slave in a slave state.
Missouri Compromise (1820):
- Defined free states and slave states.
- Determined status based on location (south of a point = slave, west of a point = free/slave area).
Scott's owner moved to present-day Minnesota (a free state).
Upon the owner's death, Scott argued he was a free man.
The owner's widow moved back to a slave state, but Scott refused to go, petitioning the court.
The court initially ruled against Scott, finding him still a slave.
The case reached the Supreme Court through appeals.
The Supreme Court refused to rule because Dred Scott was not considered a citizen or a person, but property.
The ruling nullified the Missouri Compromise, asserting Congress's lack of power to ban slavery.

Plessy versus Ferguson (1890) - 14th Amendment

Concerns the Equal Protection Clause of the 14th Amendment.
Homer Plessy (1/8th African American) challenged the Louisiana Separate Rail Car Act.
He boarded a white rail car, refused to move, and was arrested.
The Supreme Court upheld racial segregation, stating "separate but equal" was constitutional.
Separate but equal doctrine: segregation is constitutional if facilities are equivalent.

Brown versus Board of Education (1950s, Topeka, Kansas)

Overturned Plessy versus Ferguson.
Linda Brown and her sister had to travel far to a black school, passing a white school.
The Browns sued to allow their children to attend the local white school.
The Supreme Court ruled that state laws requiring separate but equal violated the 14th Amendment's Equal Protection Clause.
Separate but equal was deemed inherently unequal, initiating school desegregation.

Regents of the University of California versus Bakke (1970s)

Deals with reverse discrimination.
Alan Bakke (white male) was denied admission to medical school despite strong credentials.
The University of California Davis admitted to considering race to diversify the school.
The Supreme Court ruled in favor of Bakke, stating strict racial quotas are unconstitutional in admissions/hiring.
Race can be considered as one factor among many.

Bush versus Gore (2000)

Concerns the 2000 election recount in Florida.
The election outcome was extremely close, hinging on Florida's results.
The vote difference in Florida was under 2,000 votes.
Florida law mandated a recount due to the close margin (less than 0.5%).
The recount process varied by county.
The Supreme Court ruled that differing vote-counting standards violated the 14th Amendment's Equal Protection Clause.

First Amendment Cases - Citizens United versus Federal Election Commission (FEC) (2010)

Concerns campaign finance and freedom of speech.
Citizens United wanted to air a film critical of Hillary Clinton before the Democratic primary.
The Supreme Court held that:
- limiting the broadcast violated freedom of speech.
- political spending is protected speech under the First Amendment.
Individuals, corporations, and organizations can spend campaign finance money as they choose.

First Amendment - Engel versus Vitale (1960s) & West Virginia State Board of Education versus Barnette (1940s)

Both cases deal with prayer/religion.
Engel versus Vitale:
- New York public schools started with a nondenominational prayer.
- The Supreme Court ruled school-initiated prayer in public schools violates the First Amendment.
West Virginia State Board of Education versus Barnette:
- Jehovah's Witnesses (Barnett family) were required to salute the flag and say the Pledge of Allegiance.
- The Supreme Court ruled the First Amendment protects students from being forced to salute the flag or say the Pledge.

First Amendment - Texas versus Johnson (1980s) & Tinker versus Des Moines (Vietnam War era)

Both cases deal with symbolic speech.
Texas versus Johnson:
- Gregory Lee Johnson burned a flag to protest the Republican National Convention.
- The Supreme Court ruled flag burning is protected symbolic speech under the First Amendment.
Tinker versus Des Moines:
- Students wore black armbands to protest the Vietnam War.
- The Supreme Court ruled the armbands were protected symbolic speech.
- Students do not shed their constitutional rights at the schoolhouse gate.

First Amendment - Hazelwood versus Kuhlmeier

A student-run newspaper had articles the principal found inappropriate.
The Supreme Court sided with the school, stating schools can limit speech for legitimate pedagogical concerns.
Schools can protect the values of the school and other minors.

Second Amendment - DC versus Heller

Heller challenged Washington D.C.'s handgun ban and restrictions on firearm storage.
The Supreme Court ruled the ban violated the Second Amendment.
The right to bear arms is not unlimited, but individuals have the right to possess a firearm for self-defense.

Fourth Amendment - Mapp versus Ohio

Deals with illegal search and seizure.
Police searched Mapp's home without a proper warrant and found pornographic materials.
The Supreme Court ruled evidence obtained through an illegal search is inadmissible.

Fourth Amendment - New Jersey versus TLO

Concerns school privacy rights.
TLO (a minor) was suspected of smoking in the school bathroom and searched without a warrant.
The Supreme Court ruled that schools have more lenient standards for searches; the search was deemed reasonable.

Fifth and Sixth Amendments - Miranda versus Arizona & Gideon versus Wainwright

Miranda versus Arizona:
- Ernesto Miranda was questioned without being informed of his rights.
- The Supreme Court ruled that suspects must be informed of their rights (Miranda rights) before interrogation.
Gideon versus Wainwright:
- Gideon was denied an attorney because he couldn't afford one.
- The Supreme Court ruled the Sixth Amendment requires courts to provide attorneys for defendants who cannot afford them.
This ruling led to the creation of public defender offices.

Concepts - Roe versus Wade (1970s)

Jane Roe challenged Texas law making abortion illegal (except when medically necessary).
The Supreme Court ruled that states cannot prohibit first-trimester abortions.
This made first-trimester abortions legal nationwide.

Concepts - Korematsu versus United States (1941)

Concerns Japanese internment during World War II.
Korematsu refused to go to an internment camp.
The Supreme Court sided with the government, stating the need to protect the country outweighed individual rights of Japanese Americans.

Concepts - Marbury versus Madison

John Adams appointed Marbury as a justice of the peace before leaving office.
Jefferson's Secretary of State, Madison, refused to deliver the appointment papers.
The Supreme Court established judicial review (the power to rule on the constitutionality of laws) and affirmed the Supremacy Clause (the Constitution is the supreme law of the land).

Concepts - Gibbons versus Ogden

Concerns the Commerce Clause.
Ogden had a monopoly over trade and commerce in the steamboat business in New York.
Gibbons operated a steamboat company in New Jersey.
The Supreme Court determined that the federal government has the power to determine how interstate commerce is conducted, which is referred to as the "Commerce Clause".

Concepts - McCulloch versus Maryland

Concerns implied powers of Congress.
Maryland tried to tax the national bank.
The Supreme Court ruled that Congress has implied powers to carry out its enumerated powers; creating a national bank was deemed necessary and proper.
Maryland's taxing of the federal bank was unconstitutional.

Concepts - US versus Nixon

Nixon refused to turn over tapes requested by subpoena.
The Supreme Court ruled that Nixon had to follow the subpoena; executive privilege is not limitless.
No one is above the law. (rule of law)