Supreme Court Case Studies To the Teacher The Supreme Court Case Studies booklet contains 68 reproducible Supreme Court case studies. These cases include landmark decisions in American government that have helped and continue to shape this nation, as well as decisions dealing with current issues in American society. Every case includes background information, the constitutional issue under consideration, the Court’s decision, and where appropriate, dissenting opinions. Each two-page study requires students to analyze the case and apply critical thinking skills. An answer key is provided in the back of the booklet.
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To the Teacher ...... ii Supreme Court Case Studies Case Study 1: Marbury v. Madison, 1803 ...... 1 Case Study 2: McCulloch v. Maryland, 1819 ...... 3 Case Study 3: Dartmouth College v. Woodward, 1819...... 5 Case Study 4: Gibbons v. Ogden, 1824 ...... 7 Case Study 5: Dred Scott v. Sandford, 1857 ...... 9 Case Study 6: Ex Parte Milligan, 1866 ...... 11 Case Study 7: Slaughterhouse Cases, 1873...... 13 Case Study 8: Reynolds v. United States, 1879 ...... 15 Case Study 9: Plessy v. Ferguson, 1896 ...... 17 Case Study 10: Northern Securities Company v. United States, 1904...... 19 Case Study 11: Weeks v. United States, 1914...... 21 Case Study 12: Schenck v. United States, 1919...... 23 Case Study 13: Gitlow v. New York, 1925...... 25 Case Study 14: Whitney v. California, 1927...... 27 Case Study 15: Olmstead v. United States, 1928 ...... 29 Case Study 16: Near v. Minnesota, 1931...... 31 Case Study 17: Powell v. Alabama, 1932...... 33 Case Study 18: DeJonge v. Oregon, 1937...... 35 Case Study 19: West Coast Hotel v. Parrish, 1937...... 37 Case Study 20: Minersville School District v. Gobitis, 1940...... 39 Case Study 21: Betts v. Brady, 1942...... 41 Case Study 22: West Virginia State Board of Education v. Barnette, 1943...... 43 Case Study 23: Endo v. United States, 1944 ...... 45 Case Study 24: Korematsu v. United States, 1944 ...... 47 Case Study 25: Everson v. Board of Education, 1947 ...... 49 Case Study 26: McCollum v. Board of Education, 1948...... 51 Case Study 27: Dennis v. United States, 1951 ...... 53 Case Study 28: Feiner v. New York, 1951...... 55 Case Study 29: Brown v. Board of Education of Topeka, Kansas, 1954 ...... 57 Case Study 30: Yates v. United States, 1957...... 59 Case Study 31: Barenblatt v. United States, 1959...... 61 Case Study 32: Mapp v. Ohio, 1961 ...... 63 Case Study 33: Baker v. Carr, 1962...... 65
Supreme Court Case Studies iii Case Study 34: Engel v. Vitale, 1962...... 67 Case Study 35: Abington School District v. Schempp, 1963 ...... 69 Case Study 36: Gideon v. Wainwright, 1963...... 71 Case Study 37: Escobedo v. Illinois, 1964 ...... 73 Case Study 38: Reynolds v. Sims, 1964...... 75 Case Study 39: Wesberry v. Sanders, 1964...... 77 Case Study 40: Heart of Atlanta Motel v. United States, 1964...... 79 Case Study 41: Miranda v. Arizona, 1966...... 81 Case Study 42: Sheppard v. Maxwell, 1966...... 83 Case Study 43: Katz v. United States, 1967 ...... 85 Case Study 44: Gregory v. Chicago, 1969 ...... 87 Case Study 45: New York Times v. United States, 1971 ...... 89 Case Study 46: Reed v. Reed, 1971...... 91 Case Study 47: Wisconsin v. Yoder, 1972...... 93 Case Study 48: Roe v. Wade, 1973...... 95 Case Study 49: United States v. Nixon, 1974 ...... 97 Case Study 50: Gregg v. Georgia, 1976...... 99 Case Study 51: Regents of the University of California v. Bakke, 1978...... 101 Case Study 52: Kaiser Aluminum and Chemical Corporation v. Weber, 1979...... 103 Case Study 53: New Jersey v. T.L.O., 1985 ...... 105 Case Study 54: Wallace v. Jaffree, 1985 ...... 107 Case Study 55: Bethel School District v. Fraser, 1986 ...... 109 Case Study 56: Hazelwood School District v. Kuhlmeier, 1988...... 111 Case Study 57: Skinner v. Railway Labor Executives Association, 1989 ...... 113 Case Study 58: Cruzan v. Director, Missouri Department of Health, 1990...... 115 Case Study 59: California v. Acevedo, 1991 ...... 117 Case Study 60: International Union, UAW v. Johnson Controls, Inc., 1991 ...... 119 Case Study 61: Payne v. Tennessee, 1991...... 121 Case Study 62: Arizona v. Fulminante, 1991 ...... 123 Case Study 63: Shaw v. Reno, 1993 ...... 125 Case Study 64: National Organization for Women (NOW) v. Scheidler, 1994...... 127 Case Study 65: Agostini v. Felton, 1997...... 129 Case Study 66: Illinois v. Wardlow, 2000 ...... 131 Case Study 67: Alexander v. Sandoval, 2001...... 133 Case Study 68: Whitman v. American Trucking Associations, 2001...... 135 Answer Key ...... 137
iv Supreme Court Case Studies Name Date Class Supreme Court Case Study 1 The Supreme Court’s Power of Judicial Review Marbury v. Madison, 1803 Background of the Case The election of 1800 transferred power in the federal government from the Federalist Party to the Republican Party. In the closing days of President John Adams’s administration, the Federalists created many new government offices, appointing Federalists to fill them. One of the last-minute or “midnight” appointments was that of William Marbury. Marbury was named a justice of the peace for the District of Columbia. President Adams had signed the papers, but his secretary of state, John Marshall, somehow neglected to deliver the papers necessary to finalize the appointment. The new president, Thomas Jefferson, was angry at the defeated Federalists’ attempt to “keep a dead clutch on the patronage” and ordered his new secretary of state, James Madison, not to deliver Marbury’s commission papers. Marbury took his case to the Supreme Court, of which John Marshall was now the Chief Justice, for a writ of mandamus—an order from a court that some action be performed—commanding Madison to deliver the commission papers in accordance with the Judiciary Act of 1789.
Constitutional Issue Article III of the Constitution sets up the Supreme Court as the head of the federal judicial system. Historians believe that the Founders meant the Court to have the power of judicial review, that is, the power to review the constitutionality of acts of Congress and to invalidate those that it determines to be unconstitutional. The Constitution, however, does not specifically give the Court this right. Chief Justice John Marshall, as a Federalist, believed strongly that the Supreme Court should have the power of judicial review. When the Marbury case presented the perfect opportunity to clearly establish that power, Marshall laid out several points which the Court believed supported the right of judicial review. At the time, the decision was viewed as a curtailment of the power of the president, but people today recognize that the case estab- lished, once and for all, the importance of the Supreme Court in American government.