Sarah Palin continues to amaze. The campaign has become an episode of Jay Leno's spoof "Jay Walking" where he exposes the ignorance of average(?) Americans. Seeing the news tip that Sarah Palin could not name one Supreme Court case other than Roe v. Wade is truly frightening. I have to wonder if she's ever taken a high school history class. I immediately took inventory of the SCOTUS cases that I could recall.
Disclosure, I'm not a history major or even a liberal arts major. I took one U.S. history class in high school, and another (post-civil war to present) in college.
Please dive in, the water's fine.
I can recall the following off the top of my head. And so, forgive me for not being real clear about these, but I think a basic understanding of our history would include these:
(Remember, no cheating by resort to The Google.)
- Marbury v. Madison -- established the supremacy of the courts in determining whether something is constitutional
- Dred Scott v. somebody -- screw you, you runaway slaves, you have no rights
- Plessy v. Ferguson -- said "separate but equal" was OK
- Brown v. Board of Education -- overturned Plessy v. Ferguson
- Bush v. Gore -- threw the 2000 election to W
I know that you can probably add a line or two to the curriculum. What Supreme Court cases should any candidate for president or vice president have passing familiarity with?
Update: Thank you for so many smart additions. Here are some of the ones that have been added to the list by you.
Miranda v. Arizona (consolidated with Westover v. United States, Vignera v. New York, and California v. Stewart), 384 U.S. 436 (1966), was a landmark 5-4 decision of the United States Supreme Court which was argued February 28–March 1, 1966 and decided June 13, 1966. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them.
Epperson v. Arkansas, 393 U.S. 97 (1968), was a United States Supreme Court case that invalidated an Arkansas statute that prohibited the teaching of evolution in the public schools. The Court held that the First Amendment to the United States Constitution prohibits a state from requiring, in the words of the majority opinion, "that teaching and learning must be tailored to the principles or prohibitions of any religious sect or dogma." The Supreme Court declared the Arkansas statute unconstitutional because it violated the Establishment Clause of the First Amendment.
Loving v. Virginia, 388 U.S. 1 (1967)[1], was a landmark civil rights case in which the United States Supreme Court declared Virginia's anti-miscegenation statute, the "Racial Integrity Act of 1924", unconstitutional, thereby overturning Pace v. Alabama (1883) and ending all race-based legal restrictions on marriage in the United States.
Gideon v. Wainwright, 372 U.S. 335 (1963), is a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.
New York Times Co. v. Sullivan, 376 U.S. 254 (1964), was a United States Supreme Court case which established the actual malice standard which has to be met before press reports about public officials or public figures can be considered to be defamation and libel; and hence allowed free reporting of the civil rights campaigns in the southern United States. It is one of the key decisions supporting the freedom of the press. The actual malice standard requires that the plaintiff in a defamation or libel case prove that the publisher of the statement in question knew that the statement was false or acted in reckless disregard of its truth or falsity. Because of the extremely high burden of proof on the plaintiff, and the difficulty in proving essentially what is inside a person's head, such cases — when they involve public figures — rarely prevail.
Kelo v. City of New London, 545 U.S. 469 (2005)[1], was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development. The case arose from the condemnation by New London, Connecticut, of privately owned real property so that it could be used as part of a comprehensive redevelopment plan. The Court held in a 5-4 decision that the general benefits a community enjoyed from economic growth qualified such redevelopment plans as a permissible "public use" under the Takings Clause of the Fifth Amendment.
Santa Clara County v. Southern Pacific Railroad Company, 118 U.S. 394 (1886) was a United States Supreme Court case dealing with taxation of railroad properties. The case is most notable for the obiter dictum statement that juristic persons are entitled to protection under the Fourteenth Amendment.
Hamdan v. Rumsfeld, 548 U.S. 557 (2006), is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949."[1] Specifically, the ruling says that Common Article 3 of the Third Geneva Convention was violated.
Lochner v. New York, 198 U.S. 45 (1905), was a landmark United States Supreme Court case that held the "right to free contract" was implicit in the due process clause of the Fourteenth Amendment. The case involved a New York law that limited the number of hours a baker could work each week. By a 5-4 margin, the Supreme Court rejected the argument that the law was necessary to protect the health of bakers, calling it an "unreasonable, unnecessary and arbitrary interference with the right and liberty of the individual to contract." Justice Rufus Peckham wrote for the majority, while Justices John Marshall Harlan and Oliver Wendell Holmes, Jr. filed dissents.
All blurbs from Wikipedia.
Update 2:
Dred Scott v. Sandford,[1] 60 U.S. (19 How.) 393 (1857), was a decision by the United States Supreme Court that ruled that people of African descent imported into the United States and held as slaves, or their descendants[2]—whether or not they were slaves—could never be citizens of the United States, and that the United States Congress had no authority to prohibit slavery in federal territories. The Court also ruled that slaves could not sue in court, and that slaves—as chattel or private property—could not be taken away from their owners without due process. The Court in the Dred Scott decision sided with border ruffians in the Bleeding Kansas dispute who were afraid a free Kansas would be a haven for runaway slaves from Missouri.
District of Columbia v. Heller, 554 U.S. _ (2008) is a legal case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for private use. It was the first Supreme Court case in United States history to directly address whether the right to keep and bear arms is a right of individuals or a collective right that applies only to state-regulated militias.
On June 26, 2008, the Supreme Court affirmed the Court of Appeals for the D.C. Circuit in Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007).[1] The Court of Appeals had struck down provisions of the Firearms Control Regulations Act of 1975 as unconstitutional, and determined that handguns are "Arms" that may not be banned by the District of Columbia (Washington, D.C.), also striking down the portion of the law that requires all firearms including rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock."
Gonzales v. Carhart, 550 U.S. _ (2007), is a United States Supreme Court case which upheld the Partial-Birth Abortion Ban Act of 2003.[1] The case reached the high court after U.S. Attorney General Alberto Gonzales appealed a ruling of the United States Court of Appeals for the Eighth Circuit in favor of LeRoy Carhart that struck down the Partial-Birth Abortion Ban Act. Also before the Supreme Court was the consolidated appeal of Gonzales v. Planned Parenthood from the United States Court of Appeals for the Ninth Circuit, which had struck down the Partial-Birth Abortion Ban Act.
The Supreme Court's decision, handed down on April 18, 2007, upheld the federal ban and held that it did not impose an undue burden on the due process right of women to obtain an abortion, "under precedents we here assume to be controlling,"[2] such as the Court's prior decisions in Roe v. Wade and Planned Parenthood v. Casey. This case distinguished but did not reverse Stenberg v. Carhart (2000), in which the Court dealt with similar issues.
HEY SARAH! You can use this list for debate prep. Just remember to credit Daily Kos (btw, there is no "the" in Daily Kos.