Supreme court cases Flashcards

Terms Definitions
Engel v. Vitale
1962 prohibited state-sponsored recitation of prayer in public schools
Roe v. Wade
Womans Right to Abortion
Dartmouth College v. Woodward
1819 'upholding contracts' prohibited NEW HAMPSHIRE from modifying 1769 corporate charter that establsihed Dartmouth College by altering governing structure of college
Plessy v. Ferguson
1896 Seperate but equal facilities based upon race is constitutional
McCulloch v. Maryland
1819 Supremacy clause. the federal government is supreme over states.
Tinker v. Des Moines
Students wore black armbands protesting Vietnam War. Students were suspended. Court ruled that armbands were protected by First Amendment (freedom of speech).
Griswold v. Connecticut
1965 established the right to privacy. "zone of privacy"
Miranda v. Arizona
1966 all defendants must be informed of legal rights before they are arrested
Brown v. Board
1954 Segregation in SCHOOLS is a violation of the 14th amendment. 1st move of desegregation.
Dennis v. U.S.
1951 The Smith act was constitutional. communism cannot be taught.
Abbington v. Schempp
1963 prevented bible reading in public schools.
Baker v. Carr
1962 federal courts = final authority on creation of house districts. one man equals one vote.
Gideon v. Wainwright
1963 If a defendant cannot afford an attorney the state must provide one. Incorporated the 6th amendment.
New Jersey v. T.L.O.
Student's purse was searched while in school by Principal. Court ruled that search was legal.
Brown v. Board II
1955 rulings of Brown v Board I were implemented as soon as possible. "With all deliberate speed"
Marbury v. Madison
1803 declared judicial review
Mapp v. Ohio
1961 Applied the *exclusionary rule* to the states (evidence seized illegally cannot be used in court). Incorporated the 4th amendment.
Epperson v. Arkansas
1968 Prohibited states from banning the teaching of evolution.
Korematsu v. U.S.
Japanese sent to internment camps during World War II. Court ruled that during times of war, rights may be limited.
Swann v. Charlotte-Mecklenburg
1970 the courts could give the solution to segregation since the states weren't doing anything.
Smith v. Allwright
1944 African Americans denied right to vote in primaries = violate fifteenth amendment
Barron v. Baltimore
1833 bill of rights cannot be applied to state governments
New York Times v. Sullivan
1964 created "actual malice" 1st Amendment protects media.
Brandenburg v. Ohio
1969 states not allowed to prevent or punish inflammatory speech unless it will lead to "imminent lawless action"
Gitlow v. New York
1925 "freedom of press and speech" extended by 14th Amendment to the states. First time 14th Amendment was used to expand the Bill of Rights.
this
is
marbury
judicial review
Engel vs. Vitate
Religion?
14th Amendment
Wolf v Colorado(anti)
Heart of Atlanta Motel
Dicrimination
Interstate commerce
Supremacy clause
United States v. Nixon (1974)
...
Roth v. US
-can't publish/distribute obscene material
Worcester v. Georgia
Upheld power of federalism
Tinker v Des Moines
students wore armbands
Wabash case
upholds gibbons decision, States cannot regulate railroads.
Engel v Vitale (1962)
Nondenominational prayer was unconstitutional in the classroom was a violation of the establishment clause
McCulloch v. MD
Elastic Clause
Supremecy Clause: nat. gov. is supreme
fletcher vs. peck
supremancy clause; court overuled state law in GA that had to do with land sales, (NATIONAL GOV OVER STATES)
McConnell v. FEC
Upholds 2002 campaign finance law.
US v. Virginia
Federally funded schools cannot segregate between men and women
Gregg v Georgia
Georgia's rewritten death penalty statute was constitutional; overturned Furman v Georgia (1976)
Reynolds v U.S.
(1878) polygamy=illegal, men cannot have more than one wife because it does not directly connect to religion
Marbury vs. Madison
judicial review, Jefferson's MN Judges
Cooper v. Aaron
reaffirms Brown v. Board outlawing seperate but equal. Cooper also reasserted that the U.S supremeacy clause declared that a federal judges ruling could not be ignored/overruled by a governor of a state
Bush v. Gore
Use of 14th Amendment's equal protection clause to stop the Florida recount in the election of 2000.
Valko v Connecticut
provided test for determining which parts of the Bill of Rights should be applicable to the states - those which are fundamentally neseccsary for liberty exists
Munn v. Illinois
The Fourteenth Amendment does not prevent the State of Illinois from regulating charges for use of a business' grain elevators
Grutter v. Bollinger (2003)
affirmative action permissible, but quotas are illegal
Worcester v Georgia
1832: tribal autonomy within their boundaries
Griswold vs. Connecticut
A Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. Under the due process clause of the 14th Amendment.
Powell v. Alabama
~Due Process~
The Scottsboro boys were accused of raping 2 white woman. They were sentenced to death with a quick, unfair trial. Violation of due process clause.
Establishment Clause
Clause in the First Amendment that says the government may not establish an official religion.
Mapp v Ohio
Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)
Miller v. California
This decision establishes a formula for states to regulate obscene material.
NJ v T.L.O.
principle goes through two girls purses without warrent
Bunn v. NC
outlawed snake handling in religious services
Sweatt v. Painter
Segregated law schools for African Americans.
Commonwealth v. Hunt
(1842). Declared that labor unions were lawful organizations and that the strike was a lawful weapon.
1985 NJ v. T.L.O
Affirmed that 4th amendment prohibition on unreasonable searches and seizures applied to school officials, searches allowed when reasonable grounds that the law or school rules have been broken
Wolf v. Colorado
protections against legal searches is part of the due process section of the 14th amendment as well as being addressed in the 4th amendment
Miller v. California(1973)
Issue: Freedom of Speech and Press
Decision: Outlines a test to define obscene materials that are not protected under the First Amendment. community standards were includes as were LAPS-- a work is obscene if it has no literary, artistic, political, or scientific" value.
Texas v. Johnson
Flag-burning and other forms of symbolic speech/ protest, set precedent that no matter how horrible the speech is against the government it is still protected
(1966) Miranda v. Arizona
confirmed the obligation of authorities to inform a criminal suspect of his or her rights
Near v Minnesota
Press can print anything they want about a politician
Cooper v Aaron (1958)
Declared the Little Rock school board's schemes to avoid the Brown II decision illegal
Marbury vs. Madison (1801)
decision established the principal of judicial review; the Supreme Court has the power to declare a law passed by Congress unconstitutional
Mapp vs. Ohio (1961)
evidence that is seized illegally cannot be used as evidence in court; the exclusionary rule is applied to the states
Korematsu v. U.S. 1944
American citizens of Japanese descent could be deprived of basic constitutional rights
constitutional rights in territories. These cases raised questions concerning the extent to which constitutional rights were bestowed automatically upon the natives in newly acquired territories. The court ruled that some rights are fundamental and applie
Insular Cases (1901, 1903, 1904)
10th Amendment
powers not given to the United States are given to states or people
Lochner v New York
1905: Declared unconstitutional NY law limiting working hours of bakers due to denial of 14th Amendment rights
Brandenberg v. Ohio
it is permissible to advocate violent overthrow of the government in the abstract, but not to incite anyone to imminent lawless action
In re Gault
Juveniles have the same due process rights as adults.
Webster v. Reproductive Health Services
(1989)Issue: Right of PrivacyDecision: The states may prohibit abortions in public hospitals and clinics and by public employees; limitation on abortion rightsBackground: In 1986, the state of Missouri enacted legislation that placed a number of restrictions on abortions. The statute's preamble indicated that "[t]he life of each human being begins at conception,
Marbury v. Madison (1801)
the decision established the principal of judicial review; the Supreme Court has the power to declare a law passed by Congress unconstitutional.
Gregory v. Chicago
Dick Gregory (Bill Cosby's friend) led a bunch of marchers to the mayor's house, calling the town a snake pit and the mayor the snake, because he wouldn't intigrate the schools. They marched and 1,000 onlookers threw things at them. The police arrested Gregory and 4 others. Supreme Court overturned conviction.
Ex Parte Milligan
When federal courts are open during wartime, military courts do not take precedence
Wabash v Illinois
Limited rights of states to control interstate commerce; led to creation of Interstate Commerce Commission. Gov't assumes responsibility for things originally delegated to states.
McCulloch v. Maryland (1819)
national laws were given precedence over state laws; a national bank is implied by the "necessary and proper" clause of the Constitution
Buckley v. Valeo
Freedom of Speech- upheld limits on individual contributions to political campaigns Under the Federal Election Campaign Act
Roe vs. Wade
Supreme Court lays down what states can and cannot control in regards to abortion
Bush v. Gore 200
Use of 14th Amendment's equal protection clause to stop the Florida recount in the election of 2000.
United States v. Curtiss-Wright Export Corp.
one from sheet, 1936
Lemon v. Kurtzman
establishes lemon test (law cant be religion based)
Abington v. Schempp
schools cannot lead recitation of the Lord's Prayer
Olmstead v. United States
Does the evidence obtained from wiretapping violate the recorded party's 4th and 5th Amendments?
Court stated that because there was no actual search or seizure involved, there was no violation of the search and seizure rights in the 4th amendment. the conversations between the two parties and their associates were voluntary, not forced. it was also not self-incriminating, so wiretapping did not violate the 5th amendment.
Near v. Minnesota
1931 - the first amendment protects newspapers from prior restraint.
Palko v. Connecticut (1937)
Provided test for determining which parts of Bill of Rights should be applicable to the states - those which are fundamently necessary for liberty to exist.
Buckley v. Valeo (1976)
limits on campaign contributions and ruled that spending money to influence elections is a form of constitutionally protected free speech
Watson v. United States
whether trading drugs for a gun constitutes use of a firearm under 18 U.S.C. § 924 and Bailey v. United States
Schenck v. US
(1919) Ruled that it was not within the protection of the First Amendment to urge resistance to the draft, because that created a "clear and present danger" to the US during a time of war
cherokee nations v. georgia
"the conditions of the Indians in relation to the united states is perhaps unlike that of any two people in existence," chief justice john marshall wrote, "their relation to the United States resembles that of a ward to his guardian... (they were a ) domestic dependent nation." established a "trust relationship" with the tribes directly under federal authority
civil rights cases of 1883
Court ruled 14th Amend. protected individuals against state action/ not individual action. legalized segregation with regard to private property
US v. Richard Nixon (1974)
The court rejected Richard Nixon's claim to an absolutely unqualified privilege against any judicial process.
Roe v. Wade (1973)
Legalized abortion; at the center of the pro-life/pro-choice debate - 4th/9th/14th Amendments
Dennis v. US
1951, you can't use free speech if you're trying to overthrow the government, upholds Smith Act
New York Times vs. Sullivan
Court ruled that libelous statements made about public officials with actual malice is illegal.
Dorr v. United States
Constitutional right to trial by jury does not apply to people living in territories that had been acquired after the Spanish-American War
Dred Scott v. Sanford
the 1857 supreme court case that legalized slavery nationwide, while holding that people of color had no rights or protection under the constitution. the ruling hastened the Civil War; it was subsequently overturned by constitutional amendment.
Johnson v. McIntosh (1823)
landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans. As the facts were recited by Chief Justice John Marshall, the successor in interest to a private purchase from the Piankeshaw attempted to maintain an action of ejectment against the holder of a federal land patent.
Gonzales v. Carhart (2007)
Upheld Partial Birth Abortion Ban Act of 2003.
Kyllo v. United States
use of thermal-imaging device to test how much heat is coming from a home is illegal
PLESSY V.S GERGUSON (1896)
Plessyy was a lightskinned black man who got into a white car. He was arrested but Plessy appealed to the Supreme Ourt saying "equal but separate" & hes 13th & 14th amendments rights were violated.Court ruled
Hazelwood school district V kuhlmeier
School newspaper are a superivsed leraning activity not a public forum for anyones opion okay for schiools to censor schhool sponsered publications
gitlow v NY (1925)
distribute copies of L wing manifesto calling for socialism through strikes, arrested
South Dakota v. Neville
Refusal to submit to a blood-alcohol test can be utilized as evidence of guilt without violating the 5th Amendment right to freedom from self-incrimination.
Abington school district v. Schempp
10 Bible verses were read aloud
gratz v. bollinger
does u of m's use of racial preferences in admissions violate equal protection in fourteenth amendment or title VI of the civil rights act? not narrowly tailored and did not provide individualized consideration
NEW JERSEY V. T.L.O
D- Supreme Court case which restricted the 4th Amendment rights of students in school
S-reasonable suspicion is the standard to be used by public school officials to conduct searches on public school grounds of individuals who may be violating either the law or school rules,
Yates v. United States (1957)
Communist Party Members charged under the 1940 Smith Act; clarified definition of "clear and present danger"
Legal Tender Cases
were a series of Supreme Court cases that affirmed the constitutionality of paper money. It reversed many previous Supreme Court rulings including the 1870 case of Hepburn v. Griswold, which stated that paper money was a violation of the U.S. Constitution. However, the cases mainly involved the constitutionality of the Legal Tender Act of 1862, which issued paper money to fund during the Civil War. This became subject to controversy for it allowed previous debts to be paid with this cheaper currency. The Supreme Court ruled that the Constitution allowed for the federal government to issue paper currency but not the states.
Ex parte Milligan (1866)
Lambden P. Milligan was sentenced to death by a military commission in Indiana during the Civil War; he had engaged in acts of disloyalty. Milligan sought release through habeas corpus from a federal court. United States Supreme Court case that ruled suspension of Habeas Corpus by President Abraham Lincoln as constitutional.
-Davis
Muller v. Oregon
1908. First case to use teh "Brandeis brief"; recognized a 10 hour work day for women laundry workers on the grounds of health and community concerns.
Dennis v United States
freedom of speech denied by Smith Act; "clear and present danger"
New York Times Co. v. Sullivan
(1964) Protected newspapers from being sued for libel about public figures unless they meet the "actual malice" standard
Brown v. Board of Education Topeka (1954)
overturned Plessy v. Ferguson; mandated desegregation
Brown v. Board of Education of Topeka II
(1955)Issue: De Jure SegregationDecision: Desegregation plans to be developed by local school boards with oversight by federal district courts; desegregation to proceed with "all deliberate speed."Background: Black children were denied admission to public schools attended by white children under laws requiring or permitting segregation according to the races. The white and black schools approached equality in terms of buildings, curricula, qualifications, and teacher salaries
Chaplinksy v. New Hampshire (1942)
'fighting words' that are likely to provoke a hostile response are not protected under the First amendment
McCollum v. Board of Ed.
"..." for public schools to release students during school hours to attend religious classes at school. decision-NO, importance- establishment clause.
West Virginia v. Barnette
not allowed to force people to salute to the flag in school because it violates first amendment
Zelman v. Simmons-Harris 2002
Public money can be used to send disadvantaged children to religious schools in tuition voucher programs.
Brown v. Board of education
court found that segregation was a violation of the Equal Protection clause; "separate but equal" has no place; reverse decision of Plessy v Feurgeson
Texas v Johnson
the burning of the american flag is a protected form of symbolic speech under the 1st amendment
Buckley v. Valeo (1975) Burger
Do limits on campaigns violate the first amendment?
No, improves democracy and candidates can spend as much as they want.
Vernonia School District v. Acton
(1995) Random drug testing of high school students involved in athletic programs does not violate the Fourth Amendment right to unreasonable search and seizure.
Barron v Baltimore (1833
- Bill of Rights applies to national government, not local.
Reynolds v United States
A mormon wants more than one wife, but religious duty was not a suitable defense to a criminal indictment.
Charles River Bridge v. Warren Bridge
The interests of the community are more important than the interests of business; the supremacy of society's interest over private interest.
Kelo v City of New London
government can take land for public use/purpose (eminent domain)
Wickard v. Filburn (1942)
Filburn was a small farmer in Ohio. He was given a wheat acreage allotment under a Department of Agriculture directive which authorized the government to set production quotas for wheat. Filburn harvested nearly 12 acres of wheat above his allotment. He claimed that he wanted thewheat for use on his farm, including feed for his poultry and livestock. Fiburn was penalized. He argued that the excess wheat was unrelated to commerce since he grew it for his own use.According to Filburn, the act regulated production and consumption, which are local in character. The rule laid down by Justice Jackson is that even if an activity is local and not regarded as commerce, "it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce, and this irrespective of whether such effect is what might at some earlier time have been defined as 'direct' or 'indirect.'"
Dredd Scott v. Sanford (1857)
Dred Scott was a slave. Under Articles III and IV, argued Taney, no one but a citizen of the United States could be a citizen of a state, and that only Congress could confer national citizenship. Taney reached the conclusion that no person descended from an American slave had ever been a citizen for Article III purposes. The Court then held the Missouri Compromise unconstitutional, hoping to end the slavery question once and for all.
McCulloch v. Maryland (1819, Marshall)
the court ruled that states cannot tax the federal government, i.e. the Bank of the United States, and confirmed the constutionality of the BUS
Pierce v. Society of Sisters
-in 1922 Oregon passes a law that makes PUBLIC school attendance mandatory for all children between the ages of 8-16
-Law intentionally written to try to destroy private and parochial schools.
-Supreme Court ruled that the law was discriminating against those schools and threw it out. The action of requiring school attendance.
Northern Securities Co. v. U. S. (1904)
Re-established the authority of the federal government to fight monopolies under the Sherman Anti-Trust Act.
Gratz v. Bollinger and Grutter v. Bollinger
Well qualified white students applied to the University of Michigan and were both denied admission. Gratz applied as an undergraduate & Grutter applied to the law school. University of Michigan admitted to having a policy of accepting virtually all qualified applicants of minority background. The law school admitted to using race as a factor in admission decisions but only in the interest of promoting diversity.
DECISION: Law school did not violate the Equal Protection Clause (was used only as a component not a determining factor) & UofM was a violation of the Equal Protection Clause (gave 20 points based on race alone and applicants were not considered on a individual basis)
Courts may not close trials to the public. Closing such trials violates the freedom to assemble and the freedom of speech (which was expanded to listening and taking in ideas) 1980
Richmond Newspapers Inc. v. Virginia
Brown v. Board of Education II (1955)
Laid out the process for school desegregation and established the concept of dismantling segregationist systems "with all deliberate speed."
"Insular Cases" / Downes v. Bidwell (1901).
Confirmed the right of the federal government to place tariffs on good entering the U. S. From U. S. Territories on the grounds that "the Constitution does not follow the flag."
State of NC v. Mann
a slave owner beat his slave to death and was charged; court decided that slave owners could not be convicted of murder for kill their slaves; Slaves were property.
Bakke v. Regents of the University of California
Ambiguous ruling by a badly divided court that dealt with affirmative action programs that used race as a basis of selecting participants. The court general upheld affirmative action, but with a 4/4/1 split, it was a very weak decision.
Everson v Board of Education (46) Vinson
Did NJ violate the first amendment by paying for bussing to catholic schools?
No, There are not directly supporting the schools religious focus.
Brown v. Board of Education & Brown II
Races could be segregated if they were "separate but equal" but could not be enforced because schools were never equal for blacks and whites. Black children not able to attend white schools because segregation was legal. Brown II was used to enforce Brown I.
DECISION: segregation of schools is illegal—violation of 14. Put the enforcement responsibility to the govt. at the local level. Even if schools were completely equal in all physical and curriculum matters segregation is a sign of inferiority—inhibits learning ability.
SOCIAL
...
Good News Club
...
Palko v Connecticut
double jeopardy;
1st Amendment
Schenck v US
Buckley v Valeo
Gerrymandering/politcal process
do limits placed on federal election expenditures limit freedom of speech for candidates.
Yes and No. Individual's donations do violate, but candidate's money does not.
US v. Virginia(1996)
Issue: Fourteenth Amendment
Decision:State of Virginia's exclusion of women from the Virginia Military Institute violated Equal Protection Clause of the Fourteenth Amendment.
US vs. Lopez
Date/Era: 1995, Rehnquist Court
Court's Ruling: Possession of a gun near school is not an economic activity that has a substantial effect on interstate commerce, ruled that the 1990 gun law was unconstitutional because it had nothing to do with commerce between states
Court's Vote: 5-4
Key Rights/Liberties: national supremacy, states rights
Other important information: Following the Lopez decision, Congress rewrote the law with the necessary interstate-commerce "hook" used in other Federal Gun Laws
Gideon v Wainwright
right to an attorney
Korematsu v. US
1944, revisited in 1983
1896 Plessy v. Ferguson
Separate but equal
Restrictions on individual contributions to political campaigns and candidates does not violate the 1st Amendment. Governmental restriction of expenditures from personal resources and the overall limitation were unconstitutional. 1976
Buckley v. Valeo
Schenck v CA
During wartime, utterances tolerable during peace time can be punished
VA v. Black
intimidation factor of burning crosses
State v. mann
State decision ovverride lower decisions
Escobedo v. Illinois
(1964) right to remain silent
Engel v. Vitale-1962
forbade non-denominational prayer in public schools. constitution prohibits government from endorsing relgion
Furman v Georgia
ended capital punishment; overturned by Gregg v Georgia (1972)
Hazelwood School District V. Kuhlmeir
Edited School Newspaper
Grutter v. Bollinger
Michigan Law School- affirmative action allowed (race may be used as long as it narrowly tailored)
Colgrove v. Green
"political thicket", refusal of Illinois to redraw their districts (1910), Court wasn't going to answer the political question
Norris v. Alabama
held states cannot allow the systematic exclusion of possible jurors who are of the same race as the defendant
Chaplinsky v. New Hampshire
Established the "fighting words doctrine" that some words are not protected under the First Amendment because they are tantamount to violent actions.
Plessy vs Ferguson
A state could require racial segregation in public transportation if the facilities were equal
(1896)
Gibbons v. Ogden
Clarified the commerce clause and affirmed Congressional power over interstate commerce.
Engel v. Vitale (1962)
mandatory public school prayer unconstitutional
Plessy vs. Ferguson
(1896) The Court ruled that segregation was not discriminatory (did not violate black civil rights under the Fourteenth Amendemnt) provide that blacks received accommodations equal to those of whites.
Furman v. Georgia
Eighth Amendment issue. Ruled the death penalty unconstitutional in certain cases
Bethel V. Fraser
1983. sexual metaphor for candidacy speech. appropriate for school to prohibit the use of vulgar and offensive language. students do not have same rights of adults
terry v. ohio
set process for reasonable search without warrant
Gratz v Bollinger
affirmative action case; a point system for admission in which points were given for race was ruled unconstitutional; too much like a quota system; upheld Bakke case
Gregg v. Georgia
The Supreme Court upheld the constitutionality of the death penalty
U.S. v. Nixon
President was inovolved in watergate; refused to turn over evidence claiming executive privelage; court decided no person completely about the law;
Plessy v Ferguson
(1896) "separate, but equal" case- legally sanctioned segregation in the South
California v. Greenwood
did the warrant-less search and seizure of a person's garbage violate the 4th Amendments search ad seizure guarantee?
the court ruled that garbage placed curbside s unprotected by the 4th Amendment. the court argued that there was no reasonable expectation of privacy for trash on public streets "readily accessible to animals, children, scavengers, snoops and other members of the public."
R.A.V. v. St. Paul(1992)
Issues: First Amendment, Protest Demonstrations
Decision: Minnesota ordinance that it is a crime to engage in speech or action likely to arouse "anger", "alarm", or "resentment" on the basis of race, color, creed, religion, or gender was at stake; white teenager who burned a cross on a black family's front lawn couldn't be charged because First Amendment prevents government from "silencing speech on the basis of content"
Korematsu v. U.S. (1944)
concerning the constitutionality of Executive Order 9066, which ordered Japanese Americans into internment camps during World War II. the exclusion order was constitutional
Forced states to reapportion their congressional districts because the populations were not equal. This unequal distribution violated the 14th amendment because the states were infringing on the equal protection because of unequal representation. 1964
Reynolds v. Sims
Griswold v Connecticut
Established that there is an implied right to privacy in the U.S. Constitution
Craig v Boren (1976)
Overruled different drinking ages for men and women rationalized by runk driving statistics
Buckley vs. Valeo (1976)
upheld the limits on individual contributions to political campaigns in federal election provided for the 1974 amendments to the Federal Election Campaign Act, but declared unconstitutional the limits on expenditures as well as limits on what an individual could contribute to his/her own campaign
Gibbons v. Ogden, 1824
the "commerce clause" gives the national government the right to regulate interstate commerce
Cherokee Nation v. Georgia
(1831, Marshall). "The conditions of the Indians in relation to the United States is perhaps unlike that of any two people in existence," Chief Justice John Marshall wrote, "their relation to the United States resembles that of a ward to his guardian. . .(they were a) domestic dependent nation." Established a "trust relationship" with the tribes directly under federal authority.
Mapp v. Ohio (1961)
illegally seized evidence cannot be used.
South Dakota v. Dole
Considered congress' passing the law not to fund highways in states if they violated the 21 year old drinking age as constitutional
Schenck vs. US-1919
Issue of freedom of the press--helped establish "clear and present danger" doctrine
U.S. v. Richard Nixon
The court rejected Richard Nixon's claim to an absolutely unqualified privilege against any judicial process.
Dred Scott vs Standford
Concluded that the U.S. Congress lacked the constitutional authority to bar slavery in the territories; this decision narrowed the scope of national power while it enhanced that of the states. This case marks the first time since Marbury vs. Madison that the Supreme Court found an act of Congress unconstitutional.
Schechter Poultry Corp v. US
Declared the National Industrial Recovery Act unconstitutional
Baker v Carr
Federal court can intervene and decide reapportionment cases (STATE LEGISLATURES); it is not a "political question" but a "justiciable question". Baker was a Republican who argued that the census lines in Tennessee were never redrawn, thus votes were ill-proportioned and he did not receive Equal Protection Under Law. Carr sued (S of State for TN) bc he was responsible for conduct of elections.
Gideon vs. Wainwright
Free legal counsel necessary in case the defendant in any criminal case cannot afford it
U.S. v Nixon 1974
Allowed for executive privilege, but not in criminal cases; "Even the President is not above the law;" Watergate.
Time Inc. v. Hill
Introduced the fault requirement to false-light suits.
Feiner v. New York
Racially motivated hate speech urging violent action, not protected free speech.
Lochner v. New York
due process and state regulatory power. The Supreme Court struck down a state law setting a 10-hour day for bakery workers because it interfered with the protection of liberty guaranteed by the 14th Amendment. This decision barred states from interfering with an employee's right to contract with an employer (Gilder Lehrman Institute).
U.S. v. Leon
Should the evidence that is presented in a trial be permitted if it violates the 4th Amendment's exclusionary rule.
The Supreme Court ruled that there was an exception to the exclusionary rule presented in the 4th Amendment as the police acted in good faith with search warrant. (The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law).
Engel v Vitale
1962 - state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.
Santa Fe Independent School District v. Doe (2000)
Student-led, student-initiated prayer at high school football games violated the establishment clause.
Gregg v. Georgia (1976)
"cruel and unusual punishments" - punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances
Webster v Reproductive Health Services (1989)
Upholding several restrictive abortion regulations, the Court opened the door for state governments to enact new restrictions on abortion
Hazelwood School District v. Kuhlmeier
(1988) Ruled that public school newspapers can be regulated by the school if the school has a legitimate concern in regulating the speech.
Civil Rights Cases (1883)
This post civil war decision stated that the 14th Amendment only outlawed government discrimination and could not stop PRIVATE businesses (theatres, hotels...) from discrimination.
Lochner v New York 1905
Unconstitutional a N.York act limiting the working hours of baker due to a denial of the 14th Amend. rights. Due Process and State Police Power. Due process now used to protect property of unreasonable legislation
Miranda v. Arizona (1966)
The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent.
Gideon v. Wainright
The right to a lawyer, as guaranteed by the Sixth Amendment to the Constitution, is fundamental to a fair trial. State failure to provide counsel for a defendant charged with a felony violated the due process clause
Civil Rights Cases
1883; A group of five similar cases consolidated into one issue for the United States Supreme Court to review. The decision held that Congress lacked the constitutional authority under the enforcement provisions of the Fourteenth Amendment to outlaw racial discrimination by private individuals and organizations, rather than state and local government
Ashcroft v ACLU
struck down a federal ban on child pornography
Furman vs. Georgia
Limited the use of the death penalty based on the 8th Amendment.
Payton v. New York
Need ARREST WARRANT to arrest person out of their home. No emergency exists or exigent circumstance
NY Times Co v. US
1971
Justice Dept tried to keep Pentagon Papers from being printed - Supreme Court ruled this was unconstitutional, and freedom of the press was upheld
Fletcher v. Peck (1810)
Article III- Supreme Court can declare STATE laws unconstitutional
United States vs. Nixon
The president doesn't have all the power and can't hide information.
Baker v. Carr (1962)
"One man, one vote" Court ordered state legislative districts to be as near equal as possible in population + Supreme Court has jurisdiction over questions of legislative apportionment
cohen v california (1917)
wears jacket, F the draft, arrest reversed
new jersey v. TLO
school officials have the right to search on school grounds without a warrant if there is reasonable suspicion
Dred Scott v. Sandford (1857)
Upheld property rights over human rights; states rights over federal government power; precursor to the Civil War
Brown vs. Board of Education I
Date/Era: 1954, Warren Court
Ruling: In favor of Brown
Vote: 9-0
Key Rights/Liberties: Equal Protection Clause under the 14th Amendment
Other Info: The District Court in Kansas had ruled in favor of the Board of Education of Topeka, but this decision was overturned by the Supreme Court. This decision made racial segregation in public schools illegal, sparking the process of integration and the civil rights movement. This also overturned the precedent set by Plessy v. Ferguson.
Chisholm v. Georgia (1824)
The heirs of Alexander Chisholm (a citizen of South Carolina) sued the state of Georgia. The Supreme Court upheld the right of citizens of one state to sue another state, and decided against Georgia.
-John Jay
Schenck v. United States
Freedom of speech is not absolute; the decision established the clear-and-present-danger test as a constitutional restriction of free speech; you cannot yell "fire" in a crowded theater.
Brown v. Board of Education II
1955- The court issued another decision known as this to provide rules for implementing the 1954 order. It said that schools must work to desegregate "with all deliberate speed."
Hazelwood School District v Kuhlmeir(1988)
kathy kuhlmeir, editor of her high school newspaper appealed to the principal's decision to censor the paper bc it contained articles dealing with student pregnancy and divorce.
if a school paper is part of the curriculum and it goes against the "mission of the school" school administratiors may place restrictions on the paper and can sensor it
United States v. Amistad
Supreme Court Case in 1841. Ruled that Africans on the Amistad were free and not property because of the Declaration of Independence. The case could have started a civil war.
Wabash, St. Louis, and Pacific Railway Co. v. Illinois
Declared state-passed laws that regulated interstate commerce unconstitutional.
Wisconsin v. Yoder
"..." to force the Amish to go to school, which is against their religion. NO. 1st amend. freedom of religion and free exercise.
United States v. Nixon
The Court ruled that the use of executive privilege must yield to the judiciary's need to enforce laws.
Ashcroft v. ACLU 2002
Struck down a federal ban on "virtual" child pornography
Veronia School District v. Actin
random drug testing of athletes is okay at school
Westside Community School v Mergens
A school principal must permit "equal access" for students religious after school groups or does this violate the 1st amendment's establishment clause separation of church and state
Adavard v. Pena (1994) Rehnquist
Is assuming race only disadvantage in awarding in violation of the 5th Amendment? Yes, must pass strict review scrutiny
Vernonia School District v Acton (1995
- Student protection trumps 4th amendment in drug testing.
New York Times v United States
In order to exercise prior restraint, the Government must show sufficient evidence that the publication would cause a "grave and irreparable" danger.
Adarand Constructors, Inc. v. Peña (1995)
The Court held that any racial classification may be considered unconstitutional unless it meets the test of strict scrutiny: it must be narrowly tailored to a further compelling governmental interest
National Labor Relations Board v. Jones and Laughlin Steel
Allowed New Deal legislation to be passed without interference. Increased power under Commerce Clause
U.S. v. E.C. Knight Co.
Due to a narrow interpretation of the Sherman Anti-Trust Act, the Court undermined the authority of the federal government to act against monopolies.
National League of cities v. Usery
1976- federal minimum wage and maximum hours of the Fair Labor Standards Act could not be extended to state and local government employees
Bethel School District v. Fraser
High School student, made a speech to his peers using graphic sexual metaphors to help nominate his friend; Student is suspended for 3 days; Court decided it was appropriate for the school to suspend him because school had the right to maintain order.; did not violate freedom of speech
Brown v. Board of Education of Topeka, Kansas (1954, Warren)
Unanimous decision declaring "separate but equal" unconstitutional.
Hazelwood School District v. Kuhlmeier (1988)
The Supreme Court majority voted in favor of Hazelwood School District, showing support for the principal's censoring of the school newspaper. This weakened the 1st Amendment right of free speech in a school environment in favor of appropriateness.
An exclusively religious exhibit, (a Jewish menorah and a creche) could not be displayed in a government building because that kind of exhibit violated the establishment clause 1989
County of Alleghany v. American Civil Liberties Union
Charles River Bridge v. Warren Bridge (1837)
The interests of the community are more important than the interests of business; the supremacy of society's interest over private interest
new jersey v. T.L.O 1985
a search on school grounds is legal as long as there is reasonable suspicion.
Brown v. Board of Education (1950)
A famous court case where Oliver Brown sued on the grounds that the segregation of schools was unequal. The unanimous decision by the Supreme Court reversed the policy of segregation, declaring it unconstitutional, thus allowing the desegregation of all public facilities.
-Warren
Youngtown Sheet & Tube Co. v. Sawyer
1952. Kinda a restricted version of US v. Curtis. . Truman sent Sawyer to seize a steele mill b/c there was going to be a strike. SC: Prez has no authority getting into private sector. Truman needed mill b/c or Korean War. Opinion:Black. Dissenting: Vinson/Reed/Minton. Has to do with the Taft-Hartley Act.
Clinton v. City of New York, 1998
The Court ruled that the line item veto was unconstitutional because it gave powers to the president denied him by the Constitution
Swann v. School Board of Education of Charlotte-Mecklenburg
upheld bussing as a proper means to stop deliberate southern states which imposed schools segregation
HAHAHAHAAHAHAHAHAHAHAHAHAHAHAAHA
SIKEEEEEEEEEE =)
student search
NJ V. T.L.O
Griswold v CT
contraceptives; planned parenthood; right to privacy
Reynolds vs. Simms
1 person, 1 vote
Gerrymandering
Apportionment
Engel v. Vitale(1962)
Issue: Establishment Clause
Decision: Requiring the recitation of a non-sectarian, government-sponsored prayer in the public school violates the principle of the separation of church and state; ban on prayer in public schools
Osborne v Ohio
Protects minors from obscene material
Engel
Objecteted to prayer in school, court ruled in his favor.
Grutter v Bollinger
(14th: EQUAL PROTECTION CLAUSE) AFFIRMATIVE ACTION: The Court held that the Equal Protection Clause does not prohibit narrowly tailored use of race in college / law school admissions decisions in order to achieve racial diversity.
Schecter v. US
1935, declares the NRA unconstitutional, govt. can't regulate trade so closely
Miranda v Arizona
Protects individual against self incriminaton and right to council, rights in public questioning
Gonzales v. Oregon
2006; Upholds state assisted-suicide law over attorney general's objection.
McCulloch
Federal government wanted to tax a bank teller for no reason. (1819) Court said that they couldn't tax the bank teller. (implied powers) 6th article
Dennis vs. US
Date/Era: 1951, Vinson Court
Ruling: In favor of US
Vote: 6-2
Key Rights/Liberties: Freedom of Speech and Expression
Other Info: Overruled by Brandenburg v. Ohio. This case determined that Dennis, a prominent member of the Communist Party, did not have the right to free speech and expression because his actions were done in order to dispose of the US government.
Edwards v. Arkansas
don't teach creation in school!
Cohen v CA
The first amendment Protects emotive and cognitive speech
Schechter v. U.S.
Sometimes called "the sick chicken case." Unanimously declared the National Industrial Recovery Act (NIRA) unconstitutional on three grounds: that the act delegated legislative power to the executive; that there was a lack of constitutional authority for such legislation; and that it sought to regulate businesses that were wholly intrastate in character.
NJ v. T.L.O.
The court established a "reasonable" suspicion standard for school officials in conducting searches of students and/or their belongings and therefore not a violation of T.L.O.'s 4th amendment rights.
McCleary County v. ACLU
Establishment Clause. Ruled that posting the 10 commandments in public schools violated the Establishment Clause
DeJonge v Oregon 1937
peaceable assembly for lawful discussion cannot be made a crime, selectively incorporated right to lawful assembly to all state governments
Marbury vs Madison
Established Judicial Review. The power of the Supreme Court to declare laws unconstitutional.
Brown v Board of Education
1954; 1st amendment; Brown
Reno v. ACLU
Freedom of Speech- Unconstitutional to control content of internet through the Communications Decency Act
Texas vs. Johnson
Burning the American Flag in protest.
Schechter v. U.S. - 1936
Declared the NIRA unconstitutional.
Reed v. Reed (1971)
gender discrimination violates the "Equal protection" clause of the 14th amendment
Great Society
Enacted by LBJ Two main goals of social reforms were the elimination of poverty and of racial injustice
Rochin v CA
Due Process Clause says you cannot incriminate yourself. It prohibits conduct that shocks the conscience
Planned Parenthood v Casey
Another abortion case when the plaintiff threw out the trimester test.
(1992)
Prigg v. Pennsylvania
Supreme Court case in which Edward Prigg appealed to the US Supreme Court on the grounds that the Pennsylvania law arrogated the State powers over and above those allowed by the US Constitution The court held that Federal law is superior to State law, and overturned the conviction of Prigg as a result.
Wesberry v. Sanders
SC held that the Constitution demands that States draw Congressional districts of substantially equal population - "one person, one vote"
US v. Lopez
First limitation put on congress since depression. Congress did not have unlimited power under the Commerce Clause
Miller v. California (1973)
Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.
Abington School District v Schempp 1963
forbids state-mandated bible reading
citizens unites v. fec
election laws cannot restrict group speech
Ex parte Endo
The court forbade the internment of Japanese-Americans born in the United States
U.S. vs. Nixon
The Court decided that the President must hand over incriminating tapes because Presidential power is not above the law.
Schenk V. U.s
Speech that creates a "clear and present danger"---especially during war times—can be limited. Free speech is not "absolute".
Goss v. Lopez
Students can't be suspended without a hearing prior to the suspension
Dred Scott vs. Sanford
1857. Determined that people of African descent, imported into the United States and held as slaves, or their descendents, wether or not they were slaves, could never be citizens of the United States. Also, that the United States Congress had no authority to prohibit slavery in federal territories, slaves could not bring a case to court, and that slaves could not be taken from their owners without due process. Superseded by 13th and 14th Amendments.
local government policies
adaptation of state laws to local conditions (variances), public works, contracts for public works, licensing of public accomodations, assessable improvements, basic public services
Oregon v. Mitchell
1970; Voting. No definite decision by Court
Miller v California
the Supreme Court began to formulate rules designed to make it easier for states to regulate obscene materials and to return to communities a greater role in determining what is obscene; a criteria/test for evaluating future cases was created by this case (1973)
Reynolds v. U.S.
Practice of polygamy was ruled against the morals of society and outlawed this practice, even though it was considered a part of the Mormon Church's beliefs.
Buckley vs. Valeo
Supreme Court ruled that it is unconstitutional for Congress to limit the amount of money an individual may spend supporting a candidate if the expenditures are made independent of the campaign. Overturned
1896 Plessy v Ferguson
Dispute over legality of segregated railroad cars in Louisiana; Upheld segregation by approving "separate but equal" accommodations for African Americans; Sanctioned "separate but equal" public facilities for African Americans
Planned Parenthood v. Casey, 1992
Allowed reasonable restrictions on abortion; minor and parental consent
Muller V Oregon
First case to use the "Brandeis Brief"; recognized a 10 hour work day for women laundry workers on the grounds of health and community concerns.
Gideon v Wainright
Everyone has the right to an attorney
State governments cannot use cruel and unusual punishments in violation of the 8th amendment. 1962
Robinson v. California
Westside community schools v. Mergens
Schools must allow religious studnet clubs to form and use school space
Texas v. Johnson (1989)
was released for burning an American flag because the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable
Griswold v. Connecticut (1965)
states could not prohibit use of contraceptives by adults - right to privacy.
Illinois V. Wardlow
2000. man ran away from police officer in an area known for heavy drug trafficking. did not violate. flight is the consummate act of evasion.
Fletcher v. Peck
The decision stems from the Yazoo land cases, 1803, and upholds the sanctity of contracts.
Ex Parte Merryman
(1861) This was not actually a Supreme Court case, but a federal court case heard by Chief Justice Roger Taney while "circuit-riding" when the court was not in session. Lieutenant John Merryman of the Maryland cavalry took an active role in evicting Union soldiers from Maryland following the attack on Fort Sumter. Abraham Lincoln declared a secret suspension of the writ of habeas corpus and had a number of opposition leaders, including Merryman, arrested. Taney found the president had acted unconstitutionally (only Congress can suspend the writ), but Lincoln simply ignored his ruling.
Planned Parenthood v. Casey
reaffirmed Roe v Wade but upheld certain limits on its use, including a mandatory 24 hour waiting period between the request of an abortion and the performance of it, the requirement of teenagers to obtain consent of one parent (or in special circumstances, a judge), and a requirement that women contemplating abortion be given pamphlets about alternatives to it.
Lawrence v Texas
(2003) state law may not ban sexual relations between same-sex partners
Bethel School District v. Frasier
Schools officials can punish students for indecent speech.
Dred Scott v Sandford
slave, owner moved to free state. Owner takes him dies and he is still considered slave, 2-7, Article 1
Lawrence and Garner v. Texas
protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex. It opened the doors to some states legalizing same-sex marriages and civil unions
Powell V Alabama
The right to counsel was required in death penalty trials
Printz v. United States, 1997
Supreme Court decided it was unconstitutional for Congress to use necessary-and-proper cause to regulate handgun purchases
Gibbons v. Ogden (1824)
The Supreme Court ruled that commerce is more than just traffic- it is the exchange of goods. Federal law overrules state and local law.
Roper v. Simmons (2005)
The S.C. ruled that capital punishment for minors violated the Eighth Amendment protection against cruel and unusual punishment.
Planned Parenthood v. Casey (1992)
abortion rights - Requirements for parental consent, informed consent, and 24-hour waiting period were constitutionally valid regulations
First amendment protected the press from libel suits unless it could be proved that the press report was made out of malice. 1964
New York Times v. Sullivan
NY Times Co v Sullivan (1964)
Publishing a defamatory flasehood is not enough to justify a libel judgement. "Actual malice" must be proved to support a finding of libel against a public figure
Abington Township vs. Schempp
1963; 1st amendment; had to read bible @ school; establishment clause/ free exercise clause; ruled in favor of no Bible reading
Brandenburg v. Ohio (1969)
The Supreme Court held that the First and Fourteenth Amendments protected speech advocating violence at a Ku Klux Klan rally because the speech did not call for "imminent lawless action."
Island Tree School District v. Pico
Students oppose the school for removing books from library which were considered bad. Involves first amendment, defendant won
Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal
Native Americans can use normally illegal hoasca for religious ceremonies.
Daily Times Democrat v. Graham
invasion of privacy can happen in public place if at a time which would embarrass a person of reasonable sensitivities
Miranda vs. Arizona
Rights should be read to you when you get arrested
Cumming v. Board of Education (1899)
laid the foundation for segregated schools, even if they weren't equal
Grutter vs. Bollinger 2002
a girl applied to law school but didn't get in and sued because she thought it was racial discrimination and the court said you can use race to decide who to accept to a school; 14th amendment
Pleasant Grove City v. Summum
Placing a religious monument in a public park does not make it a public forum, but rather government speech.
Dred Scott v. Sanford (1857)
Free slave tested freedom in different state
Coates v. Cincinnati
a law that banned a gathering of three or more people infringes on the right to assemble
Adaranda v. Pena
if a minority group is going to be targeted by a certain law, then that law needs to be closely monitored (racial quotas, affirmative action)
Cruzan v. Missouri (1990)
held that the right to refuse medical treatment was a "liberty interest" protected by 14th amendment.
(1989) Webster v. Reproductive Services
MO law forbidding an institution from receiving state funds from performing abortions was upheld.
RAV v City of St.Paul (1992)
Cse that upheld the Nat'l Labor Relation act of 1935, marking a turning point in the Court's ideology toward the programs of President FDR's New Deal
was the first instance in which a law passed by Congress was declared unconstitutional. The decision greatly expanded the power of the Court by establishing its right to overturn acts of Congress (judicial review), a power not explicitly granted by the Co
Marbury v. Madison (1803)
Brown V. Board of education of Topeka
overturned Plessy V. Ferguson and states that seperate but unequal
NY Times v. Sullivan (1964)
~Newspaper ad in the New York Times about MLK's arrest contained false information~
The First Amendment always takes priority as a main right of citizens and in order for an article to be found unconstitutional it must include "actual malice" towards a public figure. As of now it is impossible to win a case for untrue defamation unless it is considered malicious.
Regents of California v. Bakke
Race cannot be the only factor in college admission
1978
Chief Justice Warren Burger
New Jersey vs. TLO 1984
a girl and her friend were caught smoking in the bathroom and were taken to the principal's office and they searched her bag and she thought that her fourth amendment rights were being violated and the court ruled that a school can search your bag if there is probable cause
1995 Vernonia School District v. Acton
Ruled that a school's practice of testing athletes randomly for drug use did not violate their rights under 4th and 14th amendments
New York Times vs. Sullivan (1964)
public figures are bound by a higher standard in libel cases than ordinary citizens; they not only have to show what was printed was false, but that the media knew it was false and published it anyway showing complete disregard for the truth
Pollock vs. The Farmers' Loan and Trust Co.
Declared the income tax under the Wilson-Gorman Tariff to be unconstitiutional.
Brown vs. Board of Education of Topeka (1954)
"separate but equal" doctrine as it applies to public education is unconstitutional; separate schools are inherently unequal
Brown v. Board of Ed. Topeka Kansas, 1954
Linda Brown was denied enrollment in an all white school near her home so she challenged the separate but equal policy of the Topeka school district.
Regents of University of California v. Bakke
The Court ruled that race could be one factor among several considered for admissions, but it could not be the only factor considered. Since race could be considered, the ruling was the first court approval of affirmative action.
abortion
Roe V. Wade
California v Bakke
Affirmative action
Mapp
police flashed search warrant
Feiner v. People of NY
1951
Korean War
first conflict with racially integrated military
McCullough v. Maryland
reiterated congressional implied powers & the supremacy clause
Bush v. Gore(2000)
Issue: Fourteenth Amendment
Decision: Use of 14th Amendment's equal protection clause to stop the Florida recount in the election of 2000.
McCleskey v. Kemp
upheld constitutionality of death penalty against charges that it violated the Fourteenth Amendment because minorities were more likely to receive it than whites
Kelo v. City of New London
Eminent domain
Plessy v. Ferguson (1896)
"separate but equal" allowed
Reynolds v US
(1st: FREE EXERCISE CLAUSE) POLYGAMY/BIGAMY: Ruled that the federal anti-bigamy statute does not violate the First Amendment's free exercise clause guaranteeing freedom of religious practice. Those who practice polygamy could no more be exempt from the law than those who may wish to practice human sacrifice as part of their religious belief.
NAACP v. Alabama
~ right to associate~
Unconstitutional for the state of Alabama to require the NAACP to give them a list of all their members.
Lawrence vs. Texas
Decriminalize homosexual sex, overturn Bowers vs. Hardwick
US vs. Nixon
Date/Era: 1974, Burger Court
Ruling: In favor of the US
Vote: 8-0
Key Rights/Liberties: Executive power
Other Info: The Court determined that the plea of executive privilege did not hold true for Nixon's tapes. As such, he was required to relinquish them to the authorities, leading to his resignation.
Planned Parenthood v Casey(1992)
the pennsylvania legislature amended its abortion control law in 1988 and 1989: informed consent and a 24hr waiting period prior to the procedure. a marriedwoman seeking an abortion had to indicate that she notified her husband of her intentions.
reaffirmed thee RvW principles but allowed informed consent and a 24hr waiting period prior to an abortion. struck down spousal notification
U.S. v. Carroll
Can Search Entire Automobile & Contents WITHOUT a WARRANT based on proabale cause.
Citizens United v. FEC
corporate funding of independent political broadcasts in candidate elections cannot be limited (1st amendment)
Gideo vs Wainwright (1963)
Criminal defendants entitled to counsel in a court of law
Cohen v. California
The First Amendment, as applied through the Fourteenth, prohibits states from making the public display of a single four-letter expletive a criminal offense, without a more specific and compelling reason than a general tendency to disturb the peace. Court of Appeal of California reversed.
Ingrham v wright
8th amendment dsigned to protect convicted criminals from excessive punishment by the government
Gideon
thief stole stuff; didnt get read his rights
A. vs. Schemp
Pennsylvania schools were required to read the bible. violtion of bill of rights. amendment 1
Korematsu vs. U.S
Government can limit civil liberties in war time.
The Paquete Habana
federal courts could look to customary international law because it is an integrated part of American law.
Weeks v. U.S. (1914)
Established the Exclusionary Rule at the federal level; illegally obtained evidence cannot be used in court.
Bragdon v. Abbot (1998)
The 1990 Americans with Disabilities Act (ADA) protected individuals infected with HIV from discrimination
Worcester v. Georgia (1832, Marshall)
Established tribal autonomy within their boundaries, i.e. the tribes were "distinct political communites, having territorial boundaries within which their authority is exclusive."
Hustler Magazine v Falwell 1988
intentional infliction of emotional distress was permissible First Amendment speech as long as it was about a public official, and no one would actually think it was fact
Lee v. Weisman (1992)
contested the invocation offered at his daughter's middle school graduation; the Court found that this violated the First Amendment
New Jersey vs. T.L.O.
The Fourth Amendment prohibition on unreasonable searches applies to schools and public school officials.
bush v gore
Stopped the recounting of votes in Florida. Ruled that the Florida Supreme court's method's for recounting were a violation of the 14th amendment.
Heller v. D.C.
reaffirmed that the 2nd amendment is not a collective right, but an individual one
Jacobellis v Ohio
Involved whether Ohio could ban "The Lovers" which the state had deemed obscene. Ruled that the film was not obscene and it was constitutionally protected. 1964
Korematsu v. U.S. - 1941
Upheld the constitutionality of detention camps for Japanese Americans
Adarand Constructors v Pena
Strict scrutiny standard for programs that classify by race
Steel Strike Case
president truman could not seize all steel mills on justification of national security, it violated due process amendment
Mistretta v. United States
Rejected challenges by defendants that the Sentencing Reform Act was unconstitutional because it violated the separation of powers doctrine
US Term limits Inc. v. Thornton(1995)
Issue: Federalism
Decision: The states cannot impose term limits on member of Congress.
A "fetus" is not a person with constitutional rights therefore protecting a woman's right to have an abortion. 1973
Roe v. Wade
Katz v. United States
Expanded the protection of the Fourth Amendment to include conversations, not just things.
Plessy vs. Gerguson
Sat in white part of train; Court decided separate but equal constitutional b/c 14th amendment only guarantees legal equality
Heart of Atlanta Hotel v US
de-segregated hotels, motels, holiday inns
Gibbons v Ogden 1824
NY could not grant steamship company monopoly, increased federal power over interstate commerce
NY Times v US
Concept of free press. Reaffirmed no prior restraint
Brown v. Board of Education (1954)
~Segregation~
Separate but equal is unconstitutional. It deprives people of equal protection of the law. Overturned Plessy's case.
NY times v Sullivan
public figures could sue for libel only if they could prove "malice" had motivated their defamers
Reynolds v. United States
The Court ruled that laws making bigamy a criminal offense was constitutional. Therefore, state laws were superior to church beliefs and practices.
McCulloch v Maryland (Facts)
In 1816 Congs chartered The Second Bank of the US. IN 1818 Maryland passed legislation to tax the bank. James McCulloch refused to pay the tax.
The United States v. Nixon
President Nixon required to surrender tapes of oval office conversations showing he had obstructed justice in watergate investigation.
Korematsu v. United States (1944)
American citizens of Japanese descent can be interned and deprived of basic constitutional rights
Kennedy v. Louisiana
Extends the Court's ruling in Coker to cases of a child
4a. Also taps into the Eighth Amendment's evolving standards of decency
t vs. DEs Moines
Tinker teens and friends wore black armbands to protest the vietnam war during christmass. tinker won they were protested by the 1st amendment.
Hernandez v Texas (1954
- Equal protection applies to other races (Hispanics), not just Blacks.
Reversed Plessy v. Ferguson. Forced the Integration of public schools. Focused on the integration of public schools. Used in 1955 to speed the process of integration. 1954 (1955)
Brown v. Board of Education
Brown vs. Board of Education of Topeka
segregation case; determined "separate but equal" is not possible so all segregation is illegal
Pollock v. The Farmers' Loan
Declared the income tax under the Wilson-Gorman Tariff to be unconstitutional.
Gitlow v. New York (1925)
Incorporated the free speech clause of the First Amendment, ruling that the states were not completely free to limit forms of political expression.
Clinton v New York 1998
banned presidential use of a line=item veto as a violation of legislative powers.
U.C. Regents v. Bakke (1978)
Alan Bakke and UC Davis Medical School; strict quotas unconst., but states may allow race to be taken into account as ONE factor in admissions decisions. Bakke admitted.
NY Times Co. v Sullivan
1st Amendment protected the press from libel suits unless it could be proved that the press report was made under malice. 1964
Bakke v. Board of Regents (1978)
reverse discrimination. In a 5-4 decision, the court imposed limitations on affirmative action to ensure that providing greater opportunities for minorities did not come at the expense of the rights of the majority. In other words, affirmative action was unfair if it led to reverse discrimination. The case involved the University of Calif., Davis, Medical School and Allan Bakke, a white applicant who was rejected twice even though there were minority applicants admitted with significantly lower scores than his. A closely divided Court ruled that while race was a legitimate factor in school admissions, the use of rigid quotas was not permissible.
Gitlow vs. New York
Expand protection of Bill of Rights so apply to states as well (states have to follow Bill of Rights)
Missouri ex rel Gaines v. Canada
States that provide only one educational institution must allow blacks and whites to attend if there is no separate school for blacks.
Tinker v. Des Moines, 1969
Upheld students' rights of free speech to protest by wearing black armbands symbolizing protest of the Vietna War
Brown v. Board of Education, 1954
Supreme Court ruling that segregation in public schools was unconstitutional.
Led to the standoff in Little Rock, Arkansas and caused organized white resistance to desegregation efforts in the South.
(1950) Sweatt v. Painter
ruled that blacks must be allowed to attend integrated law schools in OK and TX
West Virginia BoE v Barnette
students in public schools may not be compelled to recite the Pledge
Cherokee Nation v. Georgia (1831, Marshall)
"The conditions of the Indians in relation to the United States is perhaps unlike that of any two people in existence," Chief Justice Marshall wrote, "their relation to the United States resembles that of a ward to his guardian... (they were a) domestic dependent nation." Established a "trust relationship" with the tribes directly under federal authority.
Boy Scouts of America v. Dale
(2004) A private organization may ban gays from its membership.
Boy Scouts of America v. Dole
A private organization may ban gays from its membership
Schneck v. United States
1919; Told men to avoid going to war by drafting; Court ruled free speech not as free in war
Harper v. Virginia Board of Elections
(1966) Poll taxes were made illegal for state elections, as they violated the Equal Protection clause of the Fourteenth Amendment.
Griggs v. Duke Power (1971)
Willie Griggs filed a class action, on behalf of several fellow African- American employees, against his employer Duke Power Company . Griggs challenged Duke's "inside" transfer policy, requiring employees who want to work in all but the company's lowest paying Labor Department to register a minimum score on two separate aptitude tests in addition to having a high school education. Griggs claimed that Duke's policy discriminated against African-American employees in violation of Title VII of the 1964 Civil Rights Act. On appeal from a district court's dismissal of the claim, the Court of Appeals found no discriminatory practices. The Supreme Court granted certiorari.
After noting that Title VII of the Act intended to achieve equality of employment opportunities, the Court held that Duke's standardized testing requirement prevented a disproportionate number of African-American employees from being hired by, and advancing to higher-paying departments within, the company. Neither the high school graduation requirement nor the two aptitude tests was directed or intended to measure an employee's ability to learn or perform a particular job or category of jobs within the company. The Court concluded that the subtle, illegal, purpose of these requirements was to safeguard Duke's long-standing policy of giving job preferences to its white employees.
-Burger
Tinker vs. Des Moines Independent Community School District (1969)
wearing of arm bands by students to protest the war in Vietnam is protected speech and cannot be prohibited by school officials; students do not give up their constitutional rights at the schoolhouse door
W. Virgina State Board of Ed. v. Barnette, 1943
Flag saluting violates 1st amendment rights if saluting is required
City of Pittsburgh v. American Civil Liberties Union
public displays that are not exclusive to a single religion are permitted
Missouri ex rel. Gaines v. Canada (1938)
states that provide a school to white students must provide in-state education to blacks as well. States can satisfy this requirement by allowing blacks and whites to attend the same school or creating a second school for blacks.
cruzen v. director of missouri dep of health
although the supreme court ruled that the parents of a comatose patient could not remove life support, the decision recognized that competent individuals could refuse medical treatment or the right to die( right of privacy(9th)(1990)
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