US Supreme Court Cases Flashcards

Supreme Court of the United States
Terms Definitions
Munn vs. Illionis
Tinker v. Des Moines
Marbury v Madison
Judicial Review
Plessy v. Ferguson
seperate but equal
14th Amendment
Dred Scott v Sanford
Gibbons v Ogden (1821)
Constitutional Issue:
Baker v Carr
Gerrymandering/ political process
Did supreme court have jurisdiction over legislative apportionment?
Yes, court voted that as a political question, apportionment was judiciable.
U.S. v. Lopez
~Commerce clause~
Congress stretched the commerce clause too far in making the gun free school zones act.
griswold v. connecticut (1965)
illegal birth control
1/8 black man ride white bus
Uncle Toms Cabin
Harriett Beecher Stowe, moves northerners to oppose slavery
Miranda vs. Arizona
criminal procedure case; determined that suspects must be informed of legal rights before being questioned
McCullough vs. Maryland
Date/Era: 1819, Marshall Court
Court's Ruling: State action may not impede valid constitutional exercises of power by the Federal government
Court's Vote: unanimous
Key Rights/Liberties: States' rights and national supremacy`
Other Interesting Information: Became the basis for supremacy cases in a number of other fledgling nations, including Australia in D'Emden v Pedder
Brown v. Board of Education
seperate is unequal
Kyllo V. U.S
2000. helicopter heat-scanned kyllo's house. Where the government uses a device that is not in general public use, to explore details of the home unknowable without physical intrusion, the surveillance is a search and unreasonable without a warrant.
Furman v. Georgia
Outlawed, prohibited, or abolished death penalty
Plessy vs Ferguson
"Seperate but equal" is legal.
Schecter v US
Declared the National Industrial Recovery Act unconstitutional because it (1) delegated legislative power to the executive (2) there was a lack of constitutional authority for such legislation (3) and that it sought to regulate businesses. 1936
Engel v. Vitale (1962)
Prohibited state-sponsored recitation of prayer in public school. 1st case in which the Court used the establishment clause to eliminate religious activities.
In re Debs
Sherman Anti-Trust Act and unions
Abington Township
had to read bible @ school
Korematsu v. US(1944)
Decision: citizens of Japanese descent could be interned and deprived of basic constitutional rights due to executive order
Barron v. Baltimore
Bill of Rights- NOT STATES
Roe v. Wade
State ban on abortions was unconstitutional. up to the mother in 1st and 2nd trimester, 3rd for government.
Mapp. v. Ohio
Evidence obtained by searches and seizures in violation of the United States Constitution is inadmissible in a criminal trial in a state court
Munn v. Illinois
(1877) Allowed states to regulate private businesses when they affect the public interest.
Oregon v Smith
1st amendment: religion
Can a state deny unemplyment to a worker fired for using prohibited drugs for religious purposes?
Undecided. Need to determine whether or not drugs are against the law in Oregon or are just against the policy of the lawyer.
Griswold v. Connecticut
A state law prohibiting contraception violates the right to privacy implied in the Constitution
Miranda v. Arizona
Fifth Amendment. Ruled that an admission of guilt without notification of the right of attorney is invalid
Grutter v. Bollinger
Does the Equal Protection Clause prohibit using race as a factor in college admissions?
Tinker v. Demoines
Public school students may wear armbands to class protesting against America's war in Vietnam when such a display does not disrupt classes
drug testing in schools
Veronia School District V. Actin
Miller v. CA
(1973) Obscenity defined as appealing to prurient interests of an average person with materials that lack literary, artistic, political, or scientific value
limited prayers led by sectarian religious authority figures at public school graduation ceremonies and school venues in general
Korematsu v. U.S.
The court upheld the constitutionality of detention camps for Japanese-Americans during World War 2.
commonwealth v. hunt
labor unions are not illegal conspiracies as long as they are peaceful
olmstead v US
suspected of bootlegging, wired his home phone. he sued and said his 4th: no probable clause for warrent 5th: self incrimination, due process were violated. ruled against olmstead governemnt can tap any phone they want do not have to have a reason "FEDS TAP PHONE @ OLMSTEADS HOME"
northern securities
ruled federal anti trust act could apply to any conspiracy which sought to eiliminate competition between competitive rail roads
Cantwell v Connecticut
incorporated the freedom of religion; ruled that the freedom to believe is absolute but the freedom to act is subject to the regulation of society (1940)
Plessy v Ferguson
allows "separate but equal" racial segregation
United States V Nixon
President's "Executive Privilege" was limited by this case
Osborne v. Ohio
pornography cannot be in public view
World War 1 Charles S. went against draft in the war. (1919) Court saidhe was guilty of espiongate the vote was unanimous. 1st amendment
Brandenburg vs. Ohio
kkk leader advocated racial strife that was unlawful and consider terrorism
Kyllo v. US(2001)
Issues: Criminal Procedure, Search and Seizure
Decision: A warrant is required if advanced technology, not in common everyday use, is deployed.
Gibbons v Ogden (1824
- Congress regulates interstate commerce → power over economy.
Due process case, coerced confession does not automatically taint trial. 1991
Arizona v. Fulimante
Near n Minnesota (1931)
Incorporated the free press provision of the 1st Amendment
Lemon v Kurtzman
law must be clearly secular, not prohibiting or inhibiting religion, and their should be no excessive entanglement
Wisconsin v. Yoder
Unless there is a compelling reason, the government should allow citizens to practice their religion.
Gomez-Perez v. Potter (2008)
federal employees can assert claims for retaliation resulting from filing an age discrimination complaint. The case continued the Court's long-standing position that cause for action following retaliation can be inferred in civil rights legislation that does not explicitly provide protection against such retaliation. The case is important because it signaled a willingness by recently appointed Justice Samuel Alito to continue the Court's expansive interpretation of civil rights laws.
Wabash v. Illinois (1886)
Individual states could not regulate interstate commerce nullifying state regulations achieved by the Grangers.
Prigg v. Pennsylvania
Court ruled return of fugitive slaves was a federal power, thus making unconstitutional Pennsylvania's law prohibiting the capture and return of fugitive slaves, 1842
Judicial Review
Power of the Supreme Court to review any law to determine whether or not it is unconstitutional
New York Times v. Sullivan
First Amendment protection. Protects false statements if they are unintentional. Not protected if done with malice
Scott v. Sanford
Slaves are property. No rights Dred Scott
Plessy vs. Ferguson
1896; 14th amendment; 1/8 black man ride white bus, want to stay but has to leave; voted against Plessy
Gitlow V. New York
Supreme Court says that first Amendment applies to states
Ex parte Endo
The court forbade the internment of Japanese-Americans born in the U. S. (Nisei)
Buckley v. Valeo
(1976) Money spent by an individual/ PAC in support or opposition of a candidate is a form of symbolic speech, cannot be limited (exception= direct electioneering using a candidate's name)
Reno v. ACLU
Internet gets same amount of 1st Amendment protection as print.
booth v. maryland 1987
declared the victim statement created a constitutionally unacceptable risk. (creates an unfair trial for the defendant)
Texas V. Johnson
Burning American Flag ok if exercising freedom of speech
Oregon v. Smith
drug use in religious ceremonies is not allowed
Dred Scott v Sanford
(1857) Slaves were classified as property. This case fueled the flames that began the Civil War
Powell v. Alabama
(1932) The Supreme Court ruled here that the right to counsel was required by law in death penalty trials.
What is Judicial Review?
When things can be considered unconstitutional.
Brown v Board of Education
school segregation is inherently unconstitutional because it violates the 14th amendment's guarantee of equal protection; marked the end of legal segregation in the US (1954)
mcculloch vs maryland
state wanted to tax federal bank, implied powers
Miller v. California
obscene material may be regulated by the states under certain conditions
Miller v. California (1973)
supreme court decision that defined obscenity by 3 pronged test: 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.
Regents of the University of California V Blakke
Ruled racial quotas unconstitutional
Shaw v. Reno (1992) Rehnquest
Are racially gerrymandered districts in violation of the 14th amendment?
Yes, because it is racially imbalanced.
Cherokee Nation v. Georgia (1831)
Indian nations deemed "domestic dependent nations" (wards of the US); Cherokees win claim to land by prolonged occupancy, but not enforced
U.S. v. Nixon
(1974) key Supreme Court ruling on power of the president, finding that there is no absolute constitutional executive privilege to allow a president to refuse to comply with a court order to produce information needed in a criminal trial
Miranda v. Arizona, 1966
Ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent.
Led to the creation of the Miranda warning
Lawrence v. Texas (2003)
A Texas law classifying consensual, adult homosexual intercourse as illegal sodomy violated the privacy and liberty of adults to engage in private intimate conduct under the 14th amendment.
Dred Scott v. Sanford
established slaves were property and property rights of slave owners
Zorach v Clauson
Release time OK if it doesn't use school resources
TX v Johnson
Burning a flag in a nonviolent manner is protected by the first amendment
McCulloch v. Maryland
The Court ruled that states cannot tax the federal government, i.e. the Bank of the United States; the phrase "the power to tax is the power to destroy"; confirmed the constitutionality of the Bank of the United States.
Gibbons v. Ogden (1824)
gave the national government power in controlling broadly defined commerce
Chaplinsky v. New Hampshire
1942 : "fighting words: are not protected by the First Amendment
Schenck vs. United States
1919; WWI espionage act; voted against schenck unanimously
Dred Scott V. Sanford, 1857
slaves are not citizens, therefore they have no rights
Grutter v. Bollinger (2003)
Barbra Grutter a white female applied to the UNiversity of Michegan Law school. Her application was denied based on race. Point system is unconstitutional because there is no individual approach to the system. it is automatic
Gideon v Wainwright
Anyone charged with a felony and face possible imprisonment you have a right to a lawyer.... Extends to state court
Vernonia School District v. Acton
[email protected]#$ authorized random drug testing of potential student athletes • [email protected]#$ refuses to consent to the test • He is denied participation in school sports; he sues. • Decision: Search legal - legitimate government interest • Athletes under State supervision during school hours, therefore have less freedom then adults
Schenck v. United States
Charles Schenck was found guilty of obstructing the war effort. (He handed out leaflets to do this.) The Supreme Court upheld the convicition with the clear and present danger rule.(Esponage Act)
1986 Bowers v. Hardwick
- homosexuals are not protected under right to privacy
- said that a Georgia law that made homosexual sex illegal was ok with the constitution
- said that the privacy that was shown in Griswold v Connecticut did not extend to private, consensual homosexual sex
- justice said that "to claim that a right to engage in such conduct is 'deeply rooted in this Nation's history and tradition' or 'implicit in the concept of ordered liberty' is, at best, facetious."
Ex Parte Milligan (1866)
Constitution not suspended in time of emergency
RAV v. St. Paul
A unanimous Court struck down St. Paul, Minnesota's Bias-Motivated Crime Ordinance, and in doing so overturned the conviction of a teenager, referred to in court documents only as R.A.V., for burning a cross on the lawn of an African American family.
Train v. City of New York
1975-That the Environmental Protection Agency (EPA) did not have to allot federalfunds in their entirety to states according to the Federal Water Pollution Control Act Amendments of 1972.
Marbury vs. Madison (1803)
The Supreme court's power of Judicial Review was established by this case (meaning that the Court can declare legislation unconstitutional). This was the first time that the Supreme Court declared something unconstitutional. The case at hand was rather small-Marbury was appointed Justice of the Peace of DC, Secretary of State Madison never delivered his official papers, Marbury tried to sue to get them but the Supreme Court said that the legislative basis of his appointment was unconstitutional.
McLaurin v. Oklahoma State Regents
Different treatment of students in public institutions of higher learning solely on the basis of race violates the Equal Protection Clause of the 14th Amendment.
Hammer v. Dagenhart (1918)
Declared the Keating-Owen Act (a child labor act) unconstitutional on the grounds that it was an invasion of state authority.
Feiner v. New York
people can be arrested for breaching the peace in order to protect the speaker
Marbury V. Madison
The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress, (the Judiciary Act of 1789)., established judicial review
INS v. Chadha (1983)
Held that a legislative veto to invalidate an act of the executive branch is unconstitutional as a violation of separation of powers. Struck down a law allowing one house of Congress to veto a decision of the INS and allow deportable aliens to remain in the US pending dispensation of their hearing.
Adkins v. Children's Hospital (1923)
Supreme Court case that invalidated Muller v. Oregon, declaring that since women now had the vote, they were equal to men and undeserving of special protection.
(1918) Hammer v. Dagenhart
Congress has no power under the Commerce Clause to regulate labor conditions
Erie v. Pap's A. M
Upholding the 1991 ruling that Nude dancing is not protected by the 1st Amendment.
Palko v. CT, 1937
the SC says that the states must observe all "fundamental liberties"
Appointed as Chief Justice in 1953, Earl Warren was nominated by Eisenhower as a conservative, but rather led the court toward judicial activism. The Warren court handed down many significant cases affecting individual rights, including sexual freedom, ri
Warren Court (1953 - 1969):
West VA v. Barnette
can't force someone to salute to flag under 1st amendment
United States v. Playboy Entertainment Group
although the government had legitimate right to regulate sexually oriented programming, any such regulation must be narrowly tailored to promote a compelling government interest
Webster v. Reproductive Health Services
The states may prohibit abortions in public hospitals and clinics and by public employees; limitation on abortion rights
NLRB v. Jones & Laughlin Steel Corp.
1937. This company discriminated against union works. disputes like this congress could regulate because it affected interstate commerce. Was this really interstate commerce? Could Congress regulate it? Sc: yes. this could be regulated and it made it possible for companies to be regulate by fed.Opinion: Hughes, maybe we are more national then we thought. Dissent: Reynolds
Pollock v. Farmers' Loan and Trust Co.
Federal income tax declared unconstitutional; overturned by 16th Amendment
gideon v. wainwright (1963)
guarenteed the right to a fair trial and the right to an attorney
Miranda v Arizona
("Miranda rights in any zone-a")
States must tell arrested their rights
Buckley v Valeo
no limit could be placed on the amount of money candidates can spend from their own family resources (1976)
TX vs. Johnson
burned a flag, 5-4 said it was ok, congress then passed a flag protection act and US vs. Eichman said burning is ok (battle between branches)
1819 Dartmouth College v Woodward
Charter cannot be altered without both parties' consent
Boy Schouts of America v. Dale(2000)
Issue: Right to Associate
Decision: A private organization is allowed, under certain criteria, to exclude a person from membership through their First Amendment right to freedom of association in spite of state antidiscrimination laws.
Rumsfeld v. Forum for Academic and Institutional Rights
law schools receiving federal funds may not ban military recruiters
Reagents of the University of California v. Bakke
A state university could not admit less qualified individuals solely because of their race
National Employees Treasury Union V. Von Raab
1989. drug testing program for certain employees who carry firearms, are involved in intercepting drugs entering the country, or are in positions involving classified information. not a violation
Dred Scott v. Standford
1857. Scott was a slave and he moved back and forth between slave and free states. He became free in one state and then moved to another and was a slave again. Said wasn't right. This was a case of person v. property. Sc: said he was property!! Opinion: Taney! Dissenting: Curtis. has to do with Missouri compromise
nebraska press assoc. v.. stuart 1976
can not deny paper from printing matter how dengerous the material might be
Regents of University of California v. Bakke
Race is allowed as admission critera
Heart of Atlanta Motel v. U.S.
(Pick Customers by Race)- Places of public commodities had no right to pick and choose their own customers. The 1964 Civil Rights Act Title II was specifically targeting and severely limited to businesses with a direct relation to interstate commerce so it is constitutional. Congress could regulate local commerce.
Escohedo v Illinois (63) Warren
Is denial to council a violation of the 6th amendment?
Yes, denied rights to a lawyer.
Allegheny County v. Greater Pittsburgh ACLU
(1989) Display of religious symbols on government property depends on how religious the symbol is, and on the counsel
Santa Fe Industrial school v Doe
No prayers may be said before football games/school functions
Clinton v. City of New York
Ruled that the line-item veto law is unconstitutional
Civil Rights Cases of 1883 (A single decision on a group of cases with similar legal problems)
Legalized segregation with regard to private property.
Civil Rights Cases of 1883.
(A single decision on a group of cases with similar legal problems). Legalized segregation with regard to private property.
U.S. vs. Wong Kim Ark
a case that ruled in 1898 that the 14th amendment guaranteed citizenship to all persons born in the U.S.
Cruzan vs. Director , Missouri Department of Health
The Court found that a person did have a liberty interest under the Fourteenth Amendment to refuse medical treatment, provided there was "clear and convincing" evidence the person did not want artificial support to keep them alive.
Wabash, St. Louis & Pacific R.R. v. Illinois (1886)
states and the commerce clause. The court strikes down an Illinois law regulating transportation contracts, ruling that it infringed on Congress' exclusive control over interstate commerce (Gilder Lehrman Institute). The striking down of these "granger" laws led to the push for the Interstate Commerce Act of 1887 (ARCO).
Brown v. Board of Education of Topeka, Kansas
linda brown was denied to go to white schools everyday; she won her case unanimously
Brown v. Mississippi
Plessy v. Ferguson (1896)
no prayer in school
Gibbons v. Ogden (1824, Marshall)
Rust v. Sullivan
Unconstitutional Condition/Funding Forum
Government can choose to fund one expression to the exclusion of others even if it excludes an exercise of a fundamental right if the restriction is on the project rather than the recipient.
Ex Parte Merryman (1861)
Constitutional Issue:
Fletcher v Peck
1810: sanctity of contracts
roe v wade
Established right to abortion.
Roe vs. Wade
Abortion, right to privacy
Hazelwood v. Kuhlmeier
School administrators can censor student newspapers to avoid disrupting the school environment.
Texas v Johnson
flag burning is protected speech
discrimination against individuals. The Supreme Court strikes down the provisions of the 1875 Civil Rights Act that entitle all people to equal enjoyment of public accommodations and privileges on the ground that the 14th Amendment was intended to prevent
Civil Rights Cases (1883)
In Re Gault
Established rights for juvenile offenders - right to council, notify parents, etc; 5th/6th Amendments
Engle v. Vitale
Schools that require a nondenominational prayer violate the Establishment clause
Roper v. Simmons
No dealth penalty for minors.
Mapp v. Ohio (1966)
Fourth Amendment, Unreasonable Searches and Seizures, Exclusionary Rule
Smith v. Allwright
Fourteenth Amendment- Declared white primaries unconstitutional
Wesberry v. Sanders
Year: 1964 Summary: Georgia's apportionment scheme grossly discriminated against voters in its 5th district. That congressman represented twice as many people as congressmen in other districts, so it expanded the value of some votes and made less valuable the votes of others.
Engel v Vitale
mandated school prayer is illegal
New Jersey v. TLO(1985)
Issue: Fourth Amendment
Decision: School officals can search a student suspected of violation school policy; school administrators have greater latitude in conduction a search than police or similar authorities in order to maintain an environment where learning can take place. (teacher found rolling paper in girls purse).
In re Sindram (1991)
Court chastised citizen's "frivolous" petition in forma pauperis to expedite his request to expunge a $35 speeding ticket from his record
Brown v. Topeka Board of Education
1954 (Warren)
14th Amendment
Blacks at White Schools
NY Times vs. Sullivan
-NY Times published article criticizing actions of Montgomery police dpt w/ many inaccurate facts
-Sullivan, not specifically named, felt personally attacked, won money from Alabama court
-SC decided NY Times had free speech and "actual malice" could not be proven, 9-0 decision in favor of NY Times
Row v. Wade
Inferred from right to privacy established in Griswald v. Connecticut.
Mapp v. Ohio
Violation of Fourth Amendment. Ruled that all material obtained illegally is not admissable in state court. Found Obscene materials after illegal search
NAACP v. Alabama
protected the right to assemble peaceably in this 1958 case when it decided the NAACP did not have to reveal its membership list and thus subject its members to harassment
INS v. Lopez
Mexican citizens were deported. Lopez stated that the arrest was illegal. 4th amendment and exclusionary rule is not viable in a deportation hearing because they are not citizens. It was a civil proceeding, not a criminal one.
Schneck vs. U.S.
This speech was not constitutionally protected because it posed a "clear and present danger" to the country, thus creating the "clear and present danger" test to apply to First Amendment right of Speech.
wallace v jaffree
Ruled announcing "moment of silence and voluntary prayer" in schools unconstitutional.
Texas vs. Johnson
Burning the American Flag isn't against law
Dejonge v. Oregon
1937- Fourteenth amendment due process clause applies to freedom of assembly; communist party meetings
NAACP vs. Alabama
Freedom of Association (right to cassemble in groups) protected (NAACP no have give member list to police)
Printz v US
Congress lacks authority to compel state officers to execute federal laws (1997)
Freeman v. Pitts
(1992) Court oversight of mandatory desegregation. Court may retain supervision in noncompliant areas and gradually withdraw from compliant areas.
Boy Scouts of America V. Dale
Gay Troop Leader
Korematsu v. United States
Upheld the internment of Japanese-Americans during WWII
Abington Township vs. Schempp
Date/Era: 1963, Warren Court
Ruling: In favor of Schempp. Required Bible readings in public schools is unconstitutional.
Vote: 8-1
Key Rights/Liberties: Freedom of Religion
Other Info: Schempp and his children were unitarian universalists, and the daily readings from the Bible violated their beliefs. Pennsylvania law required that portions of the Bible be read each day before school. A similar case, Murray v. Curlett was consolidated with the Schempp case. This case upheld the precendent made by Engel v. Vitale, where prayer in school was declared unconstitutional. The dissenting opinion was based on the long tradition of religion and religious practices in the government and that such a decision would create a state-established disadvantage for religion.
Plessy v Ferguson (1896
- Allows "separate but equal" racial segregation.
Bailey v. Alabama
held 13th and 14th amendments deny states power to punish defaulting sharecroppers for obtaining credit under false pretenses
Brown vs. Board of Education
Declared segregation in schools unconstitutional, overturning the "separate but equal" doctrine established in Plessy vs. Ferguson
Boumediene v Bush
Military detainees have the right of habeas corpus
Miranda v Arizona
accused must be notified of their rights before being questioned by the police
Griggs v. Duke Power
1971 case that recognized adverse impact discrimination.
New Jersey vs. T.L.O.
1985; 4th amendment; smoking in bathroom; principle searched her purse-said it was against her rights; voted in favor of school
Ex Parte Merryman
(Roger Taney, 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 calvary 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. Tane found the president had acted unconstitutionally (only Congress can suspend the writ), but Lincoln simply ignored the ruling.
Miller v. Johnson
Struck down the practice of racial gerrymandering, minority-majority districts were unconstitutional
Van Orden v. Perry
Establishment Clause. Ruled that the 10 commandments were OK because they were of historical significance
Reynolds v. Sims
1964. Alabama did not redraw voting lines, the supreme court ruled for the people of Alabama.
Romer v. Evans (1996)
homosexuals are eligible for positive protections if state and local jurisdictions deemed them appropriate; amendment to CO constitution is unconstitutional that struck down any and all antidiscrimination laws
Schenck v US
Concept of free speech. Clear and present danger test. Free speech v National security
Wolf v. Colorado
States don't need probable cause to search.
Reynolds vs. Sims
The Supreme Court ruling that all state districts must be equal in population.
Rostker v. Goldberg
held that the practice of requiring only men to register for the draft was constitutional
Chisholm v. Georgia
1793: CJ Jay P Washington
a citizen cannot sue a different state than that they live in
Powell vs. Alabama
- right to counsel in federal court cases
Miller vs. California
Court held that obscenity was not protected by the First Amendment and defined obscene material as those that the average person, applying contemporary community standards, find, taken as a whole, appeal to the prurient interest; that depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable state law; and that, taken as a whole, lack serious literary, artistic, political, or scientific value. 1973
Betts v. Brady
Only appoint poor person attorney in "special circumstances"
Engle v Vitale
the recitation in public courtrooms of a nondenominational prayer was unconstitutional and a violation of the establishment clause (1962)
Korematsu v US
ww2 pearl harbor, was being sent back,3-6,14th
New Jersey v. TLO
Schools can search based upon reasonable suspicion, where police need probably cause, in order to "maintain the learning environment."
Vernonia v Acton
students must submit to random drug testing as a reasonable 4th/14th amendment right of the school environment
Miranda v. Arizona (1966)
Police must advise criminal suspects of their rights under the Constitution (Miranda rights)
Clinton v. Jones
1997; A sitting President of the United States has no immunity from civil law litigation against him, for acts done before taking office and unrelated to the office.
Reynolds v. U.S.
States bans on polygamy does not violate free exercise clause
Lemon v. Kurzman
set up Lemon Test: (1) primarily secular purpose, (2) effect must neither aide nor inhibit religion (3) must not create entanglement between gov and religion
US v. Morrison
Congress has no power under the interstate commerce clause to pass the Violence Against Women Act because they are not related
US v. Miller
Declaring that a sawed-off shotgun had no reasonable relation to the terms of the Second Amendment
Reed v Reed (1971
- First gender discrimination claim upheld.
Defendants in state courts have the 6th Amendment right to an impartial jury. 1966
Parker v. Gladden
Lawrence v Texas
state law may not ban sexual relations between same-sex partners
Brown v. Board, 2nd (1955)
Ordered schools to desegregate "with all due and deliberate speed."
McConnell v. Federal Election Commission, 2003
upholds 2002 campaign finance reform law; upheld a law prohibiting corporations and labor unions from running ads that mention candidates and their positions for 60 days before a federal general election
Schenck v. U.S. 1919
Speech that evokes a 'clear and present danger' not allowed
Yelling "fire" in a crowded theatre
affirmative action. The court ruled that unnecessary barriers to employment must be removed if they are unrelated to job skills and have a discriminatory impact. This decision upheld the use of statistics as a way of demonstrating discrimination (Gilder L
Griggs v. Duke Power (1971)
Gitlow v. New York (1925)
Precent of federalizing Bill of Rights. States cannot deny freedom of speech: protected through due process clause of the 14 amendment.
Chaplinski v New Hampshire
A criminal conviction for causing a breach of the peace through the use of "fighting words" does not violate the free speech guarantee of the 1st Amendment.
Planned Parenthood of Southeastern Pennsylvania v. Casey (1989)
established undue burden standard; PA law required informed consent and a 24 hour waiting period; state abortion regulation cannot have the purpose or effect of imposing undue burden
Roth v. United States
held that obscenity is not protected speech or press
Northern Securities Co. v. U.S.
Re-established the authority of the federal government to fight monopolies under the Sherman Anti-Trust Act.
Kyllo v. US (2001)
thermal imaging used to prove growing of marijuana; ruled unconstitutional as an unreasonable search without a warrant
loving v. virginia ( 1967 )
14th. interracial marriages are legal
Escobedo v. Illinois
upholds the right to have a lawyer present
Dennis v. United States
1951; Smith convicted of thrying to overthrow the government which violated the Smith Act of 1940
abington vs schempp
students had to read lords prayer and a previus court case said that bible reading was required, violates 1st amendment
District of Columbia v Heller
Own a gun for self defense
West Coast Hotel v. Parrish
due process and state regulatory power. "The switch in time that saves nine." In the face of President Franklin Roosevelt's proposal to expand the court's membership, the court upheld a series of New Deal measures. By a 5-4 vote in West Coast Hotel Co. v. Parris, the court upheld a Washington State minimum wage law, reversing its decision in Adkins v. Children's Hospital (1923) (Gilder Lehrman Institute).
Miller V. California (1971) Berger
Is distribution of obscene material protected by the 1st amendment?
No, there is a new test for obscenity. Would the evidence materialize any merit for the average person?
Gibbons v. Ogden
(1824) In this case the Supreme Court gave a wide definition to Congress' power to "regulate commerce... among the several states."
Texas v. Johson (1989)
The Supreme Court majority boted in favor of Jounson, defending his 1st Amendment right of free speech in the form of expression after he protested and burned an American flag.
Wallace v. Jaffree (1985)
The Court overturned a state law setting aside time for "voluntary prayer" in public schools. It concerned an Alabama law that authorized a one-minute period of silence in all public schools for meditation or voluntary prayer and whether it encouraged a religious activity in violation of the establishment clause.
Ashcroft v. ACLU (2002)
the Child Online Protection Act (COPA) was not impermissibly overbroad simply because it relies on community standards to define "material that is harmful to minors."
Mapp v. Ohio (1961)
illegally seized evidence can not be used in court
McCulloh v. Maryland
A bank of the united states was taxed but the state bank refused to pay the tax. The court decided that the state couldn't tax the national government. The issue was supremacy clause.
Hazelwood School District v Kuhlmeier, 1988
Under the First Amendment, school officials can censor non-forum student newspapers when they can justify their decision by stating an educational purpose. However, this decision does not allow school officials to censor articles wantonly or based on personal opinion.
Worcester v. Georgia (1832)
That within the state of Georgia, "the laws of Georgia can have no force." President Jackson reportedly quips, "John Marshall has made his decision. Now let him enforce it."
Fletcher vs. Peck (1810)
Government may not violate or undo a legal contract
Santa Fe Independent School District V. Doe
2000. prayer over speakers before games, even though not required. since on government property at government sponsored event with speakers, violated establishment clause.
In Re Gault, 1966
Prior to this case juveniles did not have due process guarantees. This case brought about some due process guarantees. Phone call, right to counsel, cross examine, confront accusers, and advised of right to remain silent
Citizens united v. Federal election commission
Corporate funding of broadcasts can't be limited. Free speech.
New York Time v. Sullivan-1964
public figures cannot sue with Libel suits (freedom of the press)
Gitlows claims that his 1st amendment (freedom of speech and press) and 14th amendment rights were violated. Gitlow wins
Tinker v. Des moines `
Tinker standard- as long as espression does not cause a distruption it is okay
The Court ruled that states cannot tax the federal government, i.e. the Bank of the United States; the phrase "the power to tax is the power to destroy"; confirmed the constitutionality of the Bank of the United States.
McCulloch v. Maryland (1819)
Citizens United V Federal Elections Commission
Gave cooperations the same first amendment rights as individuals
Thompson v Oklahoma
A 15 year old was sentenced to death. The case ruled that it violated the Eight Amendment of cruel and unusual punishment, and resulted in the execution of a person under 16 being unconstitutional
G. vs. Wainwright
He was denied lawyer by the court . You have the right to have an attorney amendent 6,4
Bush v. Gore (2000)
Florida recount in 2000 election was a violation of fourteenth amendment's equal protection clause
Lochner v. New York
attempts to set a maximum on the number of hours that bakers can hold. Ruled unconstitutional because of previous decision in Dartmoth college v. woodward. Makes it harder for govt. to regulate business (state law)
San Antonio Independent School District v. Rodriguez
use of property tax as means to finance public education is constitutional.
University of California v Bakke(1978)
alan bakke was denied admission to the med school in the university of california even though his scores were hgiher than those of minority candidates who had seats set aside for them
SC decided that a state suported school could use race as a basis for admission, though it rulled that quotas were illegal
U.C Regents v. bakke
Race can be taken into account as one factor in admission decision
Employment Division of the Department of Human Resources of Oregon v. Smith (1990)
the drug peyote was banned and therefore its users may be denied unemployment compensation when their dismissals results from use
New York Times v. United States (1971)
Freedom of Press - Pentagon Papers
us v ec knight & co.
whether congress has the authority to regulate manufacturing; and whether the sherman anit trust act out lawed manufacturing monoplies; states under ten amendment should have the right reserved to them
Tinker v. Des Moines School (1969)
kids wore black arm bands protesting war
1925 The John T. Scopes Trial
Debating legality of a Tennessee law prohibiting the teaching of the theory of evolution in the state's public schools; illustrates cultural conflict in the 1920s between fundamentalism and modernism
Clinton v. New York City (1998)
The Supreme Court ruled that the line-item veto was unconstitutional because it gave powers to the president denied him by the U.S. Constitution. Significant alterations of executive/congressional powers, said the court, require constitutional amendment.
Cruzan by Cruzan v Director, Missouri Department of Health (19990)
Assisted suicide is not an extension of the right to privacy. Individuals could terminate medical treatment if they were able to express, or had done so in writing, their desire to have medical treatment terminated in the event they became incompetent
Cruzan v. Director of Missouri Health Dept.
Can the state's interest in preserving life be overridden by the family?
Bethel School District v. Fraser, 1986
A student was suspended for giving a dirty speech during a school assembly.
"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."
Students may wear armbands as a form of protest. It is a form of speech protected under the first amendment. 1969
Tinker v. Des Moines School District
West Va. Board of Ed v. Barnette
"..." to force someone to say the pledge of Allegence at school. and if they don't expel them. NO. same case as Minersville school district v. Gobitis brought 3 years after, decision changed. Free excercise clause.
Bakke v. Regents of the University of California
1978. Abiguous 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.
MA v. Sheppard
Lawrence v. Texas
Gay rights
Civil Rights Cases of 1883
Associated Press v. Walker
public figures
Miranda v Arizona (1966)
Constitutional Issue:
Gibbons v.Ogden
Court ruling: National government interstate trade
could have no moment of silence
Loving v. Virginia
(1967) 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
Terry v. Ohio
Established the "Terry pat-down": police can pat someone down to search for weapons without a warrant or probable cause.
Roe was denied an abortion. court ruled mothers choice. overturned 46 states. 14th
Worcester v. Georgia
1832, Cherokee property is protected
U. of Cali vs. Bakke
Reverse discrimination
Affirmative action
McCulloch v Maryland
federal powers, 7-0, Article 1
State of Tenessee didn't redraw lines for voting; reapportionment court case. (1962) Courts made TN redraw their lines. 14th amendment and 3rd article
Texas v. Johnson(1989)
Issue: Freedom of Speech
Decision: The burning of the American flag is symbolic speech and is protected under the First Amendment
Lemon v. Kurtzman
1971- supreme court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.
Brandenburg v. Ohio
Allows government to punish advocacy of illegal action only is such advocacy is likely to produce such action.
Brown v Board of edu
reversed separate but equal
hazelwood v kuhlmeier
Censorship of school papers doesn't violate 1st amendment.
Gratz v Bollinger
UMichigan has racial preferences for admitting students. Court ruled that race preference violates Equal Protection Clause of 14th Amend and Civil Rights Act of 1964; does not provide individualized consideration.
Wesberry vs. Sanders
Each person's vote carries equal measure (forcing balanced districts) and banning gerrymandering
In re Oliver
incorporated the 6th amendment's right to a public trial (1948)
morse v. frederick (2002)
"bong hits 4 jesus," suspended
Bolling v. Sharpe
(1954) racial discrimination in the public schools of Washington D.C. denied blacks due process of law as protected by the Fifth Amendment. Noting the legal peculiarities of the District of Columbia, Chief Justice Warren recognized that the Fifth Amendment (which applied to the District) did not contain an equal protection clause while the Fourteenth Amendment (which was used as the standard for outlawing school desegregation in Brown v. Board of Education) did.
Rehnquist Court
first nominated by Nixon in 1971, Rehnquist was confirmed as the 16th Chief justice of the supreme court after Warren Burger retired in 1986. He was known as a conservative jurist and his stewardship over the court reflected a court of judicial restraint and conservative tendencies
Gideon v. Wainwright
(1963) Free legal counsel was established in this case to be necessary in case the defendent in any criminal case cannot afford it.
Gideon V. Wainright
1963-6th Amendment, right to the assistance of counsel essential for a fair tral; guy accused of walking out of walking out of bar with bulged pockets, didn't get counsel, Supreme Court said trial was unfair, gave him another one, ordered states to provide lawyers for those unable to afford them in criminal proceedings
Americans with Disabilities act
(ADA) ends all discrimination against the disabled
Korematsu v United States
internment camps; 14th & 5th amendment
Swann vs. Charlotte-Mecklenburg BOE
1971; 14th amendment; school was segregated; started bussing kids in to desegregate
Gibbons v Ogden
Congress can regulate trade in full force once state boundary lines are crossed but has no right to regulate trade that is contained within the boundary of a state.
Clinton v. New York City
Line-item vetoes violated the presentment clause of Article I of the Constitution
Schenck v. U.S.
Passed out leaflets declaring that the draft was against the drafee's rights (involuntary servitude). WWI. First time court ruled on limiting speech. defendant won.
wesberry b. sanders
us house districts must have equal pop
Gibbons vs. Ogden
Established a broad view of the commerce clause when a federal Steamboat license trumped a New York state license.
rasul v. Bush
Can't detain people at Guantanamo Bay without a writ of habeas corpus
Fletcher v. Peck
(1810) In 1795 the Georgia legislature corruptly sold land along the Yazoo River (now in Mississippi) to private citizens in exchange for bribes. The legislators were mostly defeated in the next elections and the incoming politicians voided the sales. In the meantime, John Peck sold some of the land in question to Robert Fletcher, who then sued him, claiming that he did not have clear title. The Supreme Court held that the state legislature did not have the power to repeal the sale. This was one of the earliest cases in which the Supreme Court struck down a state law.
Lopez vs. United States
Congress had exceeded its commerce clause power by prohibiting guns in a school zone. (Revival of State Sovereignty) 1995
U.S. v. O'Brien
Allowed to burn draft card as expression of speech
Roe vs Wade
Court held that states could not impose an absolute ban on voluntary abortions
Craig v Boren
allowing women 18-21 to drink but prohibiting men 18-21 from drinking is not substantially related to the goal of keeping drunk drivers off the roads (1976)
N.J. v TLO
14 yr olds smoking. Principal search and found marijuana and cigarettes, 6-3, 4th
Schenk v. United States
Established the "clear and present danger" test.
Roberts Court
the current chief justice who is very conservative
Plessy v. Ferguson, 1896
Seperate but equal facilities based upon race is constitutional; on trains
Hazelwood School District v. Kuhlmeier, 1988
Censorship of student newspapers permitted if related to legitimate concerns
Virginia v. Black
not all cross burnings are banned unless the purpose is of intimidation
Wallace v Jaffree (1985
- Religious service in classroom violates establishment clause.
States must observe the 6th Amendment right of defendants to confront witnesses against them. 1965
Pointer v. Texas
Zurcher v. Stanford Daily
search warrants can be applied to newspapers as well as to anyone else
Roth v. United States (1957)
Established that "obscenity is not within the area of constitutionally protected speech or press."
Hazelwood School v. Kulhmeier 1988
School officials have authority to regulate speech in school newspapers
citizenship and slaves. The Supreme Court ruled that African Americans, slave or free, were not citizens of the United States and were not entitled to sue in federal court (although free blacks could be citizens of a state). It also rules that a slave's r
Dred Scott v. Sandford (1857)
Near v Minnesota
Freedom of the press applies to state governments, so that they cannot impose prior restraint on newspapers.
Schechter Poultry v. United States
seperation of powers congress make laws regulating business not the President
McCulloch v. Maryland (1819)
banks not established by the state were subject to a tax; becuase the national bank assisted Congress in performing several of its responsibilities, the elastic clause gave the national government the implicit authority to create the bank
Zucher v. Stanford Daily
held that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press
Bowers v. Hardwick (1986)
Georgia's law banning sodomy was not gender specific and thus upheld by the Court
Milkovich v. Lorain Journal
pure opinion is protected under the First Amendment but in this case the defendant was found to have printed some facts that could be proven true or false
clinton v. jones 1997
seperation of powers does not protect the president from allegations of the past
Schenck v. US, 1919
During WWI Schenck protested the war and encouraged men not to enlist in the army. He was arrested under the Espionage Act.
Muller v. Oregon (1908)
upheld an Oregon statute that limited the length of the workday for women to 10 hours
Dartmouth College v. Woodward
States may not alter or cancel contracts
dred scott
moved to free state then back to slave state-still a slave
Nixon v. United States
1993; The question of whether the Senate had properly "tried" an impeachment was a political question, and could not be resolved in the Courts
U. California v. Bakke
Struck down a med schools race-based admissions quota but upheld aff action programs that use race as a plus factor
Betts v.. Brady
criminals can be given a lawyer, but this is determined on a case by case basis
Escobedo v. Illinois (1964)
warren court decision; a suspect needs to be given access to a lawyer and needs to be told that he / she has the right to be silent before being questioned
Brown v. Board, 1st (1954)
Separate but equal is inherently unequal in the context of public education.
Expanded the scope of the 4th amendment rights to include protection against certain kinds of electronic invasions of an individual's privacy. Since this case, the 4th amendemtn has been a means to protect individual privacy in places open to the public.
Katz v. United States
Korematsu v US (1944)
Court ruled that the internment of Jap Amer during WW II was not unconstitutional
Gideon v. Wainwright, 1964
persons who are charged with a crime have a right to an attorney, even if they can't afford one
Scott v. Stanford (1857, Taney)
Supreme Court decision ruling that a slave who had escaped to a free state enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories. (Black man was considered "chattel")
Engle v. Vitale (1962)
Schools cannot have a time of prayer during the school day - 1st Amendment
Wallace v. Jaffree
1985. A man in the 80's challenged a school's moment of silence.
Engel V. Vitale, 1962
required prayer in public schools is a violation of our 1st amendment rights
Swann v. Charlotte-Mecklemburg Board of Education
if school boards failed to integrate schools then federal courts would
1st Amendment: Engel v. Vitale
Does school violate the 1st amendment establishment of religion clause? yes should be wall of seperation between church and state "PRAYER IS NOT VITALE FOR SCHOOL" SPEECH!!
Ingrahm vs. Wright 1977
a little boy was getting paddled and got severely injured by it and the Supreme Court ruled that it was not a violation of your 8th amendment and that schools can use corporal punishment; 8th amendment
Planned Parenthood v. Casey (1992)
New standard to determine validity of laws restricting abortion. States can regulate abortion, but not with regulations that impose "undue burden" upon women; did not overturn Roe v. Wade, but gave states more leeway in regulating abortion (e.g. 24-hour waiting period, parental consent for minors
University of California v. Bakke
The Court held that while affirmative action systems are constitutional, specifically a quota system based on race is unconstitutional
Tinker v. Des Moines (1969)
Wearing armbands is a legitimate form of protest under the First Amendment, even on public school grounds (victory for free speech)
Kitzmiller v. Dover Area School District (2005)
Teaching intelligent design in public school biology classes violates the Establishment Clause of the First Amendment because intelligent design is not science and "cannot uncouple itself from its creationist, and thus religious, antecedents."
Brown v. Board of Education of Topeka
separate but equal NOT constitutional
Bethel School District v. Fraser (1986)
Gave public school officials the authority to suspend students for speech considered to be lewd or indecent
Grutter v. Bollinger (I and II)
pair of rulings involving affirmative action - race can be a factor in admission but not the overriding factor and not point systems or quotas
Colorado Repub Fed Campaign Committee v Fed Election Commission (1996)
Extended Buckley v Valeo to also include political parties
separate but equal. By a vote of 8-1, the court ruled that a Louisiana law requiring African Americans and whites to use separate railroad cars did not deprive African Americans of equal protection under the 14th Amendment. The ruling gives judicial sanct
Plessy v. Ferguson (1896)
Fong Yue Ting v. United States
The Court ruled that (1) deportation is an inherent power, arising out of the sovereignty of the United States, and (2) deportation is not a criminal punishment and so does not require a criminal trial.
Reed v. Reed (1971)
Idaho law stated that if there was a tie in relationship to deceased for executing the estate, it would go to the male; Court ruled this a violation of the equal protection clause because it was based on the archaic assumption that men are better at finances
Trustees of Dartmouth College v. Woodward
Private charters are protected by the constitution
NEW JERSEY V.S. T.L.O (1985)
Two girls were caught in the school bathroom smoking. One was accused. vice principal searches her purse for cigarettes and find marijuana. Student tried to get the evidence thrown out but Supreme Court decided that the search did not violate the constitution. You dont have the same rights on school property. You dont need a warrant.
1905 Lochner v. New York
Ruled that a New York law limiting bakers to 10 hr days and 60 hr weeks in order to protect public health was unconstitutional b/c it violated the right and liberty of an individual to contract, New York law went beyond legitimate police powers of a state
Gibbons v. Ogden, 1824
A case that arose from an attempt by New York State to grant a monopoly of steamboat operation between New York and New Jersey. Ogden was licensed to operate the ferry and argued that navigation commerce could be regulated by states, but Gibbons, having his own ferry company, argued that Congress should regulate interstate commerce. Court ruled that only Congress may regulate interstate commerce.
Limited the reach of states' rights and established the supremacy of the federal government over state governments.
Shaw vs. Reno & Bush vs. Vera (1993)
Supreme Court determined that race cannot be the predominant factor in drawing congressional district lines just to ensure the election of an African American representative; the oddly shaped district in North Carolina was a racial gerrymander
Kilo v. City of New London (2004) Regnquist
Can the government take private property for public use?
Hurley v. Irish American Gay Group of Boston
private parade organizers have a right to exclude groups from participating with whose message they disagree.
Pollock v. The Farmers' Loan and Trust Co.
Declared the income tax under the Wilson-Gorman Tariff to be unconstitutional.
Race can be used as a complex factor when determining admission. The case did strike down that refusal because saving spaces for minorities violated the Civil Rights Act of 1964. 1978
California Board of Regents v. Bakke
Scarsdale v. McCreay
Engel V. Vitale
School Prayers
Schecter Poultry Corp v US
Escobedo v Illinois (1964)
Constitutional Issue:
Worcester vs. Georgia
Pres. Andrew Jackson
Cherokee Indians
NOT an example of limited government
Schenck v. US(1919)
Issue: First Amendment
Decision: supreme court case involving limits on free speech rights. the schenck case established the clear and present danger principle in determining what type of speech could be restricted (oliver wendell holmes)
Adarand v. Pena
(1995) Racial classifications imposed by the government must be analyzed by the "strict scrutiny" standard, meaning that it is only allowed if it furthers a compelling government interest.
Sued the US for racial profiling against japanese people.Court ruled that he had to leave his home to a concentration camp.
Planned Parenthood v Casey
Stricter regulation of abortion
state government policies
property laws (including slavery), estate and inheritance laws, commerce laws, banking and credit laws, corporate laws, insurance laws, family laws, morality laws, public health laws, education laws, general penal laws, eminent domain laws, construction codes, land-use lands, water and mineral laws, criminal procedure laws, electoral and political party laws, local government laws, civil service laws, occupations and professions laws (police powers)
commerce clause
anything that crosses state lines federal responsiblity
Johnson v. McIntosh
(1823, Marshall). Established that Indian tribes had rights to tribal lands that preceded all other American law; only the federal government could take land from the tribes.
Virginia v. Black(2003)
Issues: First Amendment, Protest Demonstrations
Decision: In this Court case a Virginia statute against cross-burning is struck down in part as a violation of free speech. Cross-burning is protected as a form of "shared ideology" for groups such as the KKK. However, if there is an attempt to intimidate, it is illegal.
Nix v. Williams
excluded evidence used, found anyway
Miranda v AZ
Police must inform individuals of their rights for their confessions to be valid
Commonwealty v Hunt1842
labor unions were lawful organization and that the strike was a lawful weapon
Slaughterhouse Cases
Court ruled the 14th amendmen only protected federal rights, not states' rights. It also ruled that the 13th, 14th, and 15th amendments only applied to slaves, 1873
Dennis v. US
1951; eleven communists were brought before a New York jury for violating the Smith Act of 1940
Plessy v Ferguson 1896
separate but equal for races
United States v. Nixxon
"Executive privelege" subordinate to "due process" and "administration of criminal justice" procedures
McCullock vs Maryland
Congress, under the necessart and proper clause, can establish a national bank and the federal government is the supreme law of the land.
principle of Hazelwood Hight censors pages in the school newspaper.students argue that the 1st amendment right freedom of press was violated. Supreme Court ruled that the principal was right.
Plessy v. Ferguson - 1896
"Separate but equal facilities"
Zelman v Simmons (2002)
gov pays for religious affiliations
Cherokee Nation v. Georgia
State laws, treaties and Indians
US v. Nixon
limited the President's right to confidentiality
Munn v. Illinois (1876)
Federal government can regulate businesses crossing state lines.
Buckley v. Valeo (1976)
1st Amendment protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns.
Charlene Hunter Gault
First black to attend university of georgia
Miller v CA
Three part test to determine whether material is obscene
Miranda vs Arizona
Criminal suspects must be informed of their right to remain silent before any questioning begins
Dartmouth v. Woodward
This 1819 Marshall Court decision was one of the earliest and most important U.S. Supreme Court decisions to interpret the contracts clause in Article I, Section 10 of the Constitution. The case arose from a dispute in New Hampshire over the state's attempt to take over Dartmouth College. By construing the Contract Clause as a means of protecting corporate charters from state interventions, Marshall derived a significant constitutional limitation on state authority. As a result, various forms of private economic and social activity would enjoy security from state regulatory policy. Marshall thus encouraged the emergence of the relatively unregulated private economic actor as the major participant in a growing national economy.
Hazelwood School District
School paper wanted to write about birth control instead of abstenance. School censored it.
Atwater v. Lago Vista
Fourth amendment does not prohibit warrantless arrest for minor infractions (in this case a seat-belt law)
Gregg v. Georgia
Declared that the death penalty did not violate the eighth amendment.
McCleskey v. Kemp (1987)
upheld the constitutionality of the death penalty against charges that it violated the 14th Amendment because minority defendants were more likely to receive the death penalty than were White defendants.
Schenck v. U. S.
Unanimously upheld the Espionage Act of 1917 which declared that people who interfered with the war effort were subject to imprisonment; declared that the 1st Amendment right to freedom of speech was not absolute; free speech could be limited if its exercise presented a "clear and present danger."
Thornhill v Alabama 1940
strikes by labor unions are constitutional
ny times v. us
no prior restraint unless immediate national security
Lemon vs. Kurtzman
For a law to be considered constitutional under the Establishment Clause of the First Amendment, the law must have a legitimate secular purpose, must not have the primary effect of either advancing or inhibiting religion, and must not result in an excessive entanglement of government and religion.
"Fighting words" are not protected speech.
Regents v. Bakke
A 1978 Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race.
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 1976
Fletcher v. Peck (1810)
laws annulling contracts or grants made by previous legislative acts were constitutionally impermissible.
Mapp v Ohio
incorporated a portion of the 4th amendment by establishing that illegally obtained evidence cannot be used at a trial- exclusionary rule (1961)
Cox v. Louisiana
Protests near a courthouse may be limited if interfering with a trial.
Dred Scott v. Sandford
1857 Supreme Court decision that stated that slaves were not citizens; that living in a free state or territory, even for many years, did not free slaves; and declared the Missouri Compromise unconstitutional
swann v. charlotte mecklenberg
school busing to achieve school integration
Gregg vs. Georgia
the 1976 supreme court decision that upheld the constitutionality of the death penalty
Northern Securities Case
No. Securities Company (JP Morgan and James G. Hill- railroads) seen by Roosevelt as "bad" trust; SC upheld his first trust-bust
Roth V. U.S., 1957
Established that obscenity is not protected speech
Dred Scott case
ruled that blacks were not citizens and that Congress couldn't regulate the issue of slavery for different states. Increased the battle over slavery in the US.
Roe v Wade (1973
- Set conditions for allowing abortions per trimesters.
The president does not have temporary immunity from a lawsuit for actions outside the realm of official duties. 1997
Clinton v. Jones
Reagents of University of California v Bakke
affirmative action; reverse discrimination; racial quotas
US v. Lopez, 1995
the "commerce clause" does not give Congress the power to regulate commerce not directly affected by interstate commerce
Buck v. Bell (1927)
supreme court case which upheld forced sterilization. Carrie Buck claimed it was unconstitutional to sterilize inmates. Ruled against her, Oliver Wendell Holmes Jr. said that "three generations of imbeciles is enough." Negative eugenics campaign- belief that social problems could be eradicated by not letting the unfit reproduce. Later- Griswold v. Connecticut had come a long way.
religion and public schools. The court forbids non-denominational prayer in public schools, ruling that the Constitution prohibits government from "endorsing religion in general." The court ruled that a prayer read in New York State schools violated the c
Engel v. Vitale (1962)
Schecter Poultry Corp v. US
"Sick chicken" case; ruled the National Recovery Administration (NRA) unconstitutional because Congress had exceeded its power by granting the executive branch too much power to regulate interstate commerce, 1935
Employment Division v Smith
Exercise of religion does not excuse one from following a valid law [Freedom of Religion]
Dredd Scott V. Sanford
state cannot deprive one of his properties and slave is property
County of Allegheny v. ACLU (1989)
when only religious holiday decorations were displayed, this was seen as an endorsement of religion and thus as a violation of the establishment clause
Austin v. Keefe
Made it illegal to ban publication and distribution of pamphlets
bush v. gore 2000
the recount violated bush's 14th amend because process was different
Munn v. State of Illinois
ruled that the Fourteenth Amendment does not prevent the State of Illinois from regulating charges for use of a business' grain elevators
Charles River Bridge v. Warren Bridge
Despite Dartmouth v. Woodward, Massachusetts was allowed to break a contract that gave a monopoly on traffic over the Charles RIver in Boston.
Bakke v. Board of Regents
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 (Infoplease).
R.A.V. v. St. Paul
1992; The ordinance overly broad and impermissibly content-based is in violation of the First Amendment free speech clause.
Baker v. Carr (1962)
The Supreme Court ruled that voters have the right to challenge the constitutionality and equality of legislative districts and that disctrict courts are authorized to handle these lawsuits.
Schenck v. US (1919)
During WWI Schenck protested the war and encouraged men not to enlist in the army. He was arrested under the Espionage Act. Your freedom of speech can be limited if your words present a clear and present danger.
Private organizations cannot be forced to incorporate gay, lesbian, and bisexual individuals into their events because it violates the private organizations freedom of speech. The private organization has the right to decide what message they want to send
Hurley v. Irish American Gays
Martin v Hunter Lessee (1816)
Court may exercise judicial review in regard to state law
New Jersey v. TLO (1985)
State's job to educated minors means that school officials only need REASONABLE SUSPICION to search - not a search warrant like police - 4th Amendment
United States v. Nixon, 1974
Executive privilege is limited when a criminal act is suspected
Cibenko v. Worth Publishers, Inc.
police officer published in a textbook and sues for libel and false light; public official can't prove actual malice and court ruled picture and caption were not capable of offending a reasonable person
Brown vs Board of Education
Separate is not equal so schools cannot be segregated by race.
Bakke v. University of California (1978)
declared absolute quotas illegal at universities
Davis vs. Monroe 1999
a boy was sexually harassing a little girl but the principal wouldn't see her and the mom took it to court where they said it was creating a hostile and non-safe environment for the little girl and they ruled that the school needs to protect her more; 14th amendment
Unitd States v. Nixon (1974)
Going for reelection. Several of men got caught breaking into watergate apartment
McCollum v. Board of Education of Champaign, Illinois
cannot teach religion during school
Hazelwood School District v. Kuhlmeier
Did the principal's deletion of the articles violate the students' rights under the First Amendment?
No. The Court held that the First Amendment did not require schools to affirmatively promote particular types of student speech.
Swann v. Charlotte-Mecklenberg (1971)
The Court ruled that all vestiges of de jure segregation must be eliminated at once.
CHarles River Bridge v Warren Bridge
1837 (contracts and the community's rights) Charles River Bridge Co sued to prevent the state of Mass from authorizing the construction of a new bridge across the Charles River. Chief justice Roger B Taney ruled that no charter granted to a private corporation permanently vested rights that might harm the public interest. The rights of the community supersede a broad interpretation of the private rights of a corporation. It is not the duty of the legislature to specify what the corporation charter does not say.
Roth v US (1957)
The court held that in order to become obscene, material must be "utterly without redeeming social value"
legislative reapportionment. The court ruled 6-2 (Baker) that voters had a right to challenge the apportionment of state legislative districts in ways that overrepresented rural districts and diluted the voting power of urban voters (Gilder Lehrman Instit
Baker v. Carr (1962) and Reynolds v. Sims (1964)
Brown v. Board of Education (1950)
education is the foudation of good citizenship; separate educational facilities are unequal and unconstitutional; federal troops were required to force desegregation
Kelo v. City of New London ('05)
Eminent domain case: Local governments may force the sale of private property and make way for private economic development when officials decide it would benefit the public.
Ward vs. Rock Against Racism 1989
there was an outside theater that bothered some neighbors and there seemed to be more complaints when it was black artists playing and the government said that they could control their sounds and when good music was played it was blasted but when bad music was played the volume was turned dowh and the court ruled that the government can control what music is blasted; 1st amendment
Board of Education v Pico
Affirmed the right to receive info and ideas as a form of free speech. Schools may not remove books because of ideas they don't like.
1935 Schechter Poultry Corporation v. US
Placed limits on the ability of congress to delegate legislative powers to president, declared the New Deal's NIA 7a unconstitutional, restricted congressional powers to regulate commerce
Marbury v. Madison, 1803
A court case that came from a dispute between Marbury and Madison where Madison refused to sign Marbury's judicial appointment. Court ruled in Madison's favor because of the unconstitutionality of the Judiciary Act of 1789.
It established the basis for the exercise of judicial review and made the judicary branch equal in power.
New York Times vs. United States (1971)
Supreme Court refused to prevent the publication of "The Pentagon Papers," a classified documentary history of U.S. involvement in Vietnam, on national security grounds; prior restraint
Regents of the Univ. of CA V. Blakke
admissions quota for minority students violated the equal protection clause
Standard Oil Company v. United States (1911)
charged that the Standard Oil Company had violated the antimonopoly clause of the Sherman Act by acquiring the Tennessee Coal and Iron Company; under Taft
Youngstown Sheet & Tube, Co. v. Sawyer
1952; limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under the Constitution or sconsent Congress
Brown vs. Board of Education of Topeka II (1955)
desegregation plans to be developed by local school boards with oversight by federal district courts; desegregation to proceed with "all deliberate speed"
Leandro v. State(NC) (Hoke v. State), 1995\
Poor NC school systems argued that the state should provide funding for school systems to make them more equal with wealthy school systems.
Village of Skokie v. Nat'l Socialist Party
Nazis had the right to march in Skokie as long as they did not violate the Brandenburg test
4th Amendment
Wolf v Colorado
marbury vs madison
judicial review
shelley v. kraemer
ended racially restrictive covenants
Marbury vs Madison (1803)
Established Judicial Review
Lochner v New York (1905)
Constitutional Issue:
Washington v. Glucksberg
Washington's prohibition on assisting suicide is constitutional.
Civil Rights Cases
The 14th amendment protects individuals from state action, not individual action; thus, "individuals" (coporations, clubs, organizations etc.) became free to discriminate against African Americans or use their "individual status" to evade state regulations, 1883
Printz v. US
Ruled unconstitutional some conditions in the Brady Act
Brown v. Board (1954)
School segregation unconstitutional; segregation pyschologically damaging to black; overturned separate but equal; use of 14th Amendment; judicial activism of Warren Court; unanimous decision.
Roth v. US
This 1957 judgment prohibited pornography material as utterly without redeeming social significance (1st amendment did not protect). Later reversed in Miller v. California
Emmett Till
14 year old boy murdered in mississippi, suspects found not guilty by all white jury
Near vs. Minnesota (1931)
states cannot ban offensive publications; 1st amendment freedom-of-the-press protections apply to the states
Gregg v GA
Capital punishment is allowed for specific, defined crimes
New Jesey v. T.L.O
~Searches at Schools~
Student accused of smoking in school and then was searched. Students have very limited protection from the fourth amendment while at school. A search conducted by a school official only needs to be deemed reasonable. Deeming a search reasonable is a smaller requirement than probable cause.
Madsen v. Women's Health Center
Time/place/manner restrictions re: buffer zones at abortion clinics and the houses of clinic employees.
Miller v. Johnson 1995
reapportionment by race is illegal
Insular cases-1901,1903,1904
"where the flag goes the constitution follows" asserts that in conquered territories that some rights are fundemental and thus applied to all territories while some rights are unfamiler and thus should not be imposed on native peoples
Bush v. Gore
Counting ballots in 2000 election violates Equal Protection Act
new jersey
juvenile accused of smoking in the girls bathroom
Schenk v United States
Upheld constitutionality of Espionage Act; Congress right to limit free speech during times of war
Coates v Cincinnati
more than three people abreast (walking side by side) is not illegal
Eisenstadt v. Baird
MA restriction on contraceptives only for married couples failed "rational basis test"
Adarand Constructors, Inc. V. Pena
Race based discrimination, including discrimination in favor of minorities (affirmative action), is subject to strict judicial scrutiny
Lynch v. Donnelly
-If a religious display is accompanied by secular objects, it is then defined as a winter/holiday display and is allowed.
Plessy v Ferguson(1896)
louisiana enacted a law that required separated railway cars for blacks and whites. in 1892, homer plessy took a seat in a whites only car of a train. he refused to move to the car reserved for black and was arrested
SC ruled that the "separate but equal" provision of the louisian law was constitutional. the case est this principle of segregation
Reynolds v. US
if illegal from start, illegal in religon. (Polygamy)
Ex Parte Milligan
1866, civilians can't be tried in military courts while civilian courts are still open, detracts from efforts of Freedmen's Bureau
Virginia v. Black (2003)
~Cross Burning~
Court ruled that it was constitutionally acceptable for someone to burn a cross on private property as long as you are not doing it to intimidate others. However, if you burn the cross on someone else's property with the intent of scaring others, you are not Constitutionally protected.
Heart of Atlanta v. US
racial discrimination violated the "commerce clause"
Roe v. Wade (1973)
Right to Privacy, Trimester, Regulate Abortion
cohens v. virginia
asserted the right of the Supreme court to review the decisions of the states
Munn v. Illinois-1877
court upholds an Illinois law setting max storage rates for grain (state regulation of Buisness)
bush n gore
stopped recount of florida vote in 2000 presidential election
Grutter v Bollinger
a person denied law school at Mich.
Santa Fe. vs. Doe
Religion cannot be widely imposed, especially at school (a public event)
Hamdan vs. Rumsfeld
Ruled that the executive branch did not have the right to strip the federal courts from hearing cases from war on terror detainees. the ruling was based on the argument that detentions without trial violated the Geneva Convention and the UCMJ.
Planned Parenthood vs. Casey
(1992) Requires 24hr waiting period after a presentation to dissuade women; women no longer need to notify their partner
Agostini vs. Felton (1997)
held constituional a program that sends public school teachers to students in parochial schools in order to provide remedial education services
Edwards v. Aguillard (1987)
Teaching creationism in public schools is unconstitutional.
Gregory v Chicago
was an "impromptu" assembly--- it just occurred they could have been arrested for disturbing the peace but were accused of an illegal assembly and the courts said not all have to be "TIME PLACE AND MANNER.
Roth v. US (1957)
Established that obscenity is not within the area of consitutionally protected speech or press
Nix v. Williams (1984)
The Court established the inevitable discovery rule, allowing evidence discovered as the result of an illegal search to be introduced if it can be shown that the evidence would have been found anyway.
Commonwealth v. Hunt (1842)
The workforce demanded better working condition, and they tried to create unions. the Massachusetts Supreme Court ruled that forming trade unions was not illegal. While on the surface this ruling looked to be significant for organized labor, it soon proved to be more a symbolic gesture. Trade unions provided only marginal benefits for workers at this time, and it would be nearly a century before they could meet management on even terms.
Marbury v. Madison (1800)
What: Marbury deprived of justice assignment because of time
Precedent: Judicial Review
US v Morrison
Cangree DOES NOT have the authority to enact the Violence Against Women Act of 1994 under either the Commerce Clause or 14th admendment
Cruzan v. Missouri
Held that family members dont have the right to decide whether or not to end a life
South Dakota v Dole 1987
mandated 21-year-old drinking age (if you don't feds will take away all federal highway funds
Marbury vs. Madison
Case in which the supreme court first asserted th power of Judicial review in finding that the congressional statue expanding the Court's original jurisdiction was unconstitutional.
Schenck v. U. S. (1919).
Unanimously upheld the Espionage Act of 1917 which declared that people who interfered with the war effort were subject to imprisonment; declared that the 1st Amendment right to freedom of speech was not absolute; free speech could be limited if its exercise presented a "clear and present danger."
Tinker v. DesMoines
Case that ruled that students do not lose their rights "at the schoolhouse gate."
New Jersey V. T.L.O.
4th & 14th ammendment; court ruled that if a school has reasonable suspicion to search they may
Dred Scott - 1857
Blacks and slaves were not citizens and could not sue for their freedom. Congress could not prohibit slavery in territories.
Korematsu v. United States (1944)
All Japanese-Americans were sent to concentration camps
Zelman v. Simmons-Harris (2000)
Giving voucher aid to parents whose kids were in bad schools districts was okay under establishment clause of 1st amendment as long as it met 5 standards (basically, non-religious purposes).
Swann v. Charlotte-Meckenburg (1970)
Ruled that the federal courts are constitutionally authorized to remedy state-imposed segregation with broad and flexible powers.
Northern Securities Co. vs. U.S.
Re-established the authority of the federal government to fight monopolies under the Sherman Anti-Trust Act.
Employment Div of Oregon v. Smith
Oregon could deny unemployment benefits to those doing peyote even if for religious purposes
Insular Cases/Downes v Bidwell
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 constituion does not follow the flag
Gideon vs. Wainwright(florida)
People who can't afford an attorney in All criminal trials, can have one appointed
Minersville School Districk v Gobotis
Have to participate in pledge in public schools
NY Times v Sullivan
libel case writer did it with intent to defame, knew it was false, wrote it with malicious intent. public officials have less privacy rights
Griswold v. Conneticut
Does a married couple have a right to practice birth control?
Wesberry v. Sanders (1963)
ensured each voter would have only one vote
Reynolds v. US (1879)
Man claimed that the court should not find him guilty of polygamy since it was his religious duty. The court disagreed. [Free exercise]
Texas v. Johnson (1989)
the burning of the American flag is symbolic speech and is protected under the first amendment
Wabash, St. Louis, and Pacific Railway Co. v. Illinois (1886).
Declared state-passed Granger laws that regulated interstate commerce unconstitutional. Chicago, Milwaukee and St. Paul Railroad Co. v. Minnesota (1890). Found that Granger law
School District of Abbington Township, Pennsylvania v. Schempp
(1963) Decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment.
US Term Limits v Thorton
states cannot impose term limits on congressmen
Gideon vs. Wainwright
Right to a lawyer in a state trial, given by the 6th.
Edwards v. South Carolina
Did the arrests and convictions of the peaceful marchers violate their freedom of speech, assembly, and petition for redress of their grievances as protected by the First and Fourteenth Amendments?
The Court held that the arrests and convictions violated the rights of the marchers. They were convicted of an offense which the South Carolina Supreme Court, in upholding the convictions, described as "not susceptible of exact definition."
Heart of Atlanta V. U.S.
1964 - Civil Rights Act; commerce clause of racial discrimination hurts U.S. business
Regents of University of C vs. Bakke
racial quotas are unconstitutional, affirmative action upheld, goals are ok
Brown v. Board of Education (brown II)
declared that public school officials could use all deliberate speed to comply with the courts 1954 ruling
TX v. Johnson, 1989
there may not be a law to ban flag-burning
Heart of Atlanta Motel v. United States (1964)
Congress is allowed to regulate interstate trade - in this case they could force integration of the races at places that conduct business between states
Northern Securities Co. v. U. S. (1904).
Re-established the authority of the federal government to fight monopolies under the Sherman Anti-Trust Act.
national Supremacy cases: Marbury v Madison
power to decide that ANYTHING is either constitutional or unconstitutional. Judicial Review.
tinker vs des moines school
kids wore wrist bands in protest to the war, ruled in favor of the kids b/c they were not disruptive
Parents Involved In Community Schools V Seattle School District No. 1
ruled that racial balancing could not be factor in student assignment
Cherokee Nation v. Georgia (1831); Worcester v. Georgia (1832)
state laws, treaties, and Indians. In the first case, the Supreme Court refuses to issue an injunction against the state of Georgia after it declares the laws of the Cherokee nation null and void. But the court rules that it lacks jurisdiction because the Cherokee comprise a "domestic dependent" nation rather than a foreign state (Gilder Lehrman Institute). In the second case Marshall ruled that the laws of Georgia had no force within the territorial boundaries of the Cherokee Nation. President Jackson, no admirer of Marshall, reportedly said, "John Marshall has made his decision, now let him enforce it."
Brown v. Board of Education of Topeka Kansas
1954, Warren. Unanimous decision declaring "separate but equal" unconstitutional.
Brown v Board of Ed. of Topeka Kansas1954
decision declaring Separate but equal, unconstitutional. separation based on race seen as inherently unequal
Youngstown Steel v. Sawyer - 1952
Truman could not seize steel plants to avoid production stoppage.
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.
Bakke v. Regents of the University of California (1978)
Swann v. School Board of Education of Charlotte-Mecklenburg
upheld bussing as a proper means to stop deliberate southern states which imposed schools segregation
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