Major Supreme Court Cases

Marbury v. Madison 1801

Background: - John Adams appoints midnight judges who are sympathetic to federalists - James Madison shelves appointment of Marbury - Marbury sues for the appointment Decision: - Marbury loses but judicial review is established Supreme Court is the final decider on issues surrounding US Constitution

McCulloch v. Maryland 1819

Background: - Maryland tries to tax and destroy a branch of the Bank of the United States Decision: - Maryland is not able to do this because Marshall Court declares Bank of US to be constitutional - Loose construction is set forth. If it is not expressly forbidden and is within the spirit of the US Constitution it is ok. - Loose construction sets the way for many major decisions later.

Cohens v.Virginia 1821

Background: - Cohens is arrested for selling lottery tickets. - He appeals his decision to the Supreme Court Decision: - Cohens loses his appeal - Virginia loses as well as Supreme Court creates the right to review all state court decisions involving federal government and their powers. - A serious defeat for states righters

The Marshall Legacy

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Greatly expands the power of the judiciary. Expands the scope and power of the federal government. Loose construction becomes a standard for future decisions. Supreme Court becomes and important check and balance.

Dred Scott v.Sandford 1857

Background: - Dred Scott, a slave, lives in free states for 5 years. - He sues for his freedom on the basis of living on free soil. Decision: - Court rules Dred Scott is not a citizen of the United States. - Declares slaves to be property whose ownership and possession must be protected - Turns over the Missouri Compromise and hastens the Civil War

Plessy v. Ferguson 1896

Background: - Homer Plessy, 1/8 African American, is chosen to challenge Jim Crow laws. - He rides in a whites only train car and is arrested. - His conviction is appealed to the Supreme Court Decision: - Court upholds the doctrine of separate but equal

Muller v. Oregon 1908

Background: - Laundry owner Curt Muller makes a girl work 10 hour days. - He is fined and appeals his fine all the way to the Supreme Court. Decision: - Womens rights and progressives applaud the decision which recognizes special provisions should be made for women factory workers. - Runs counter to 2nd wave feminism today which minimizes gender differences and seeks the equality which Muller applied to his workers.

Schenck v. United States 1919

Background: - Charles Schenck, an American Socialist party member, is urging people to resist the war and draft. - Arrested and convicted under the espionage Act of 1917. He appeals to the Supreme Court. Decision - Schenck loses. Court determines if there is a clear and present danger then freedom of speech can be revoked. - Famous dictum of yelling fire in a crowded theater

Background: - Oliver Brown, a Topeka, Kansas parent, represents a group of people challenging the Topeka schools policy of segregation. - NAACP sponsored and paid attorney fees. - Plessy v. Ferguson is upheld at the state level. Decision: - Supreme Court overturns Plessy and school integration becomes a reality.

Brown v. Board of Education of Topeka 1954

Griswold v. Connecticut 1965

Background: - Estelle Griswold, Connecticut director of Planned Parenthood, is prosecuted under AntiContraception Laws of 1879. - Griswold challenges the prosecution and legality of the laws. Decision: - Griswold wins her case. - In a loose construction decision the Supreme Court rules there is a right of privacy in the constitution.

Roe v. Wade 1973

Background: - In 1970 two Texas attorneys file a suit on behalf of Jane Roe who is seeking an abortion. - Goes to the Supreme Court Decision: - Roe case establishes abortion as a fundamental right in Constitution extrapolated from the right of privacy.