S. Supreme Court Cases 2 Flashcards

Terms Definitions
Bowers v. Hardwick
Roe vs Wade
Legalized abortion.
Furman v. Georgia (1972)
McCulloh v Maryland
Supremacy (elastic) clause
US v. Richard Nixon
Executive Privilege
Lochner v New York
private contracts; bakery
Loving v. Virginia
1967, legalizes interracial marriages
Gratz v Bollinger
2003; 14th amendment; Gratz
Fletcher v. Peck
Contracts and State laws
Bush vs Gore
Date/Era: 2000, Rehnquist Court
Ruling: In favor of Bush
Vote: 5-4
Key Rights/Liberties: The right to choose a representative by voting.
Other Info: During the 2000 presidential election, the results were extremely close and depended on the count of one state: Florida. When Florida turned out in favor of Bush, the Gore campaign team demanded multiple recounts. The Flordia District Court had ordered a recount, but this was overturned by the Supreme Court on the count that continuously counting the votes would be damaging to both the country and the legitimacy of the votes.
Tinker v Des Monies
symbolic speech in schools
mapp v. ohio
the fourth amendment prohibition against unreasonable searches and seizures, as applied to the states through the fourteenth, excludes unconstitutionally obtained evidence from use in criminal prosecutions. ohio supreme court reversed.
Lemon v Kurtzman
Federalism/ Separation of powers
Did Rhode Island violate the first amendment establishment clause by making funding available to church related schools?
Yes, must have
Secular legislative purpose
neither advance nor inhibit religion
Not foster government entanglement with religion.
McCulloch v MD
supremacy clause--federal gov supreme to state
necessary and proper/elastic clause--congress can make laws necessary and proper
Reed v. Reed.
(1971)Decision: In a unanimous decision, the Court held that the law's dissimilar treatment of men and women was unconstitutional. The Court argued that "[t]o give a mandatory preference to members of either sex over members of the other, merely to accomplish the elimination of hearings on the merits, is to make the very kind of arbitrary legislative choice forbidden by the Equal Protection Clause of the Fourteenth Amendment. . .[T]he choice in this context may not lawfully be mandated solely on the basis of sex."Background:The Idaho Probate Code specified that "males must be preferred to females" in appointing administrators of estates. After the death of their adopted son, both Sally and Cecil Reed sought to be named the administrator of their son's estate (the Reeds were separated). According to the Probate Code, Cecil was appointed administrator and Sally challenged the law in court.
Reed v. Reed
(1971) Gender discrimination violates the equal protection clause of the Constitution
McCulloch v. Maryland
congress has implied powers
CJ John Marshall
Mapp vs Ohio
Banned unreasonable search and seizures of evidence from use in trial
Reno v. ACLU
1997; Communications Decency Act (certian sites can be blocked and libraries must be filtered) was determined unconstitutional because it was too general.
Banker of federal bank state was taxing federal.
Implied powers Federal>State
Griswold vs. Conneticut
Date/Era: 1965, Warren Court
Ruling: In favor of Griswold
Vote: 7-2
Key Rights/Liberties: The right to use contraceptives and marital privacy.
Other Info: The right to privacy is not explicitly stated in the Constitution. However, Justice Douglas stated that the right to privacy was in the prenumbras of the Constitution.
Oregon v Smith
state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual. Although states have the power to accommodate otherwise illegal acts done in pursuit of religious beliefs, they are not required to do so.
Engel v. Vitale
Leading students in a short, nondemoninational voluntary prayer in public schools violates the establishment clause
Miranda vs. Arizona
1966; 5th amendment; arrested & accused of kidnapping & rape; didnt read him his rights; 5-4 in favor of alledged rapist
Wesberry vs. Sanders
Court ruled that Mal apportionment unconstitutional b/c everyone's vote is not equal
Baker v Carr
(APPORTIONMENT) ONE PERSON, ONE VOTE: Ruled that the Supreme Court does have jurisdiction over questions of legislative apportionment in order to ensure that each citizen is equally represented.
Epperson v. Arkansas
(1968) Prohibited states from banning the teaching of evolution
Texas v. Johnson (1989)
protester burned flag outside Republican National Convention; government can't prohibit expression of an idea because society doesn't agree with it
NAACP v Alabama
Upheld the right to peacefully assembling to protest
Miranda v. Arizona
suspects (arrested) must be informed of their rights
Feiner v. New York
Irving Feiner verbally attacked President Truman and talked about African Americans needing to stand up for Civil Rights. The crowd around him became violent and the cops arrested Feiner when he would not stop. The Supreme Court upheld the decision of the police.
Gibbons v. Ogden
- ruled that Congress can regulate all commerce between states, beyond simply goods
Buckley v. Valeo
set limits on campaign contributions, but ruled that spending money to influence elections is a form of constitutionally protected free speech, and struck down portions of the law. The court also stated candidates can give unlimited amounts of money to their own campaigns.
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.
Ingraham v. Wainwright
1977; ruling that 8th Amemndent doesn't to apply to public school students
Roe v. Wade
Overturned state laws making abortion illegal. Used in the chapter as an example of Social and Moral issues.
Legalized segregation in publicly owned facilities on the basis of "separate but equal."
Plessy v. Ferguson (1896)
US v. Lopez
Year: 1995 Summary: The Gun-Free School zones act that forbids people from carrying guns in school is unconstitutional because it exceeds Congress's power to legistlate under the commerce laws.
Wickard v. Filburn
1942; Increased Congress' ability to regulate commerce
McClesky v. Kemp
In order to establish discrimination in the application of the death penalty, appellants must prove discriminatory intent on the part of the decision-makers (judges, prosecutors, jurors) in the trial
Ex Parte Milligan
(1866) Court struck down wartime convictions of a civilian tried by a martial court
U.S. v. Virginia
(1996) Court struck down Virginia Military Institute's "male-only" criteria because the creation of a female only school would not have been fair--Fourteenth Amendment, Equal Protection Clause
Lochner V NY
declared unconstitutional a New York act limiting the working hours of bakers due to a denial of the 14th amendment rights.
Adkins v. Children's Hospital
1923. Delcared unconstitutional a minimum wage law for women on the grounds that it denied women freedom of contract.
Cohens v. Virginia
Supreme Court can review state court decisions.
United States v. Williams
constitutionality of the PROTECT Act, a 2003 law intended to bolster federal restriction against child pornography, in the wake of Ashcroft v. Free Speech Coalition
U.S. v. Nixon (1974)
Allowed for executive privilege, but not in criminal cases; "Even the President is not above the law"; Watergate.
in re debs
the court ruled that the government had a right to regulate interstate commerce and ensure the operations of the posal service, along with a responsibiltity to "ensure the general welfare of the public"
Miranda v Arizona 1966
Court ruled those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent. reading of this when arrested
Craig v. Boren (1976)
Overruled different drinking ages for men and women rationalized by drunk driving statistics.
Gideon vs. Wainwright
Couldn't afford a lawyer but still wasn't given one; Court ruled that right to lawyer fundamental right
Brown v Board of Education
(14th: EQUAL PROTECTION CLAUSE) DESEGREGATION: Segregation of students in public schools violates the equal protection clause of the 14th Amendment because separate facilities are INHERENTLY UNEQUAL. This case overturned Plessy v Ferguson.
Plessy v. Ferguson
Segregation laws do not violate equal protection clause if separate but equal accommodations exist.
Betts vs. Brady
Case that denied counsel to indigent defendants when prosecuted by a state; overruled by Gideon vs. Wainwright.
Korematsu v. United States
Japanese forced into encampments was constitutional - to protect country
Cooper v. Aaron
1959-1959. bound by cour decision and cannot ignore. People must desegregate. Arkansas doesn't want to integrate. SC says their decisions match federal . Judicial supremecy, Jackson would oppose this. Used case Marbury v. Madison w/ judical review. opinion: Warren
Roe v. Wade (1973)
established woman's right to choose, but also recognized that Court didn't need to decide when the fetus has rights/when life begins
Engel vs Vitale
The state can not write a non-denominational prayer to be red in public schools.
Engel v. Vitale (1962)
Forbids forced school prayer in schools
Korematsu v. US
1944 Supreme Court case where the Supreme Court upheld the order providing for the relocation of Japanese Americans. It was not until 1988 that Congress formally apologized and agreed to pay $20,000 to each survivor
Texas v. White
court ruled that Texas remained a state ever since it 1st joined the union, despite its joining the Confederate States of America and its being under military rule at the time of the decision in the case. 1869
Bradwell v. Illinois
The Court upheld an Illinois decision that denied a women the right to practice law because of her gender. As a result, sex-discrimination statutes did not begin being struck down on 14th Amendment grounds until well into the 20th century.
Branzburg v. Hayes
(1972) Ruled against a special First Amendment privilege that would allow the press to refuse to answer grand jury questions concerning news sources.
Gonzalez vs. Oregon
Court rules that is consittutional to allow patients with terminal illnesses to choose to end their lives early and alleviate suffering.
Vernonia School District v Acton
Student protection trumps 4th amendment in drug testing
Van Orden v. Perry
Ten commandments monument erected on the grounds of the Texas state capitol did not violate the establishment clause; court allowed a display of a six foot ten commandments in front of Texas state capitol because it was one of forty monuments
Schenck v. US
Year: 1919 Summary: This case, decided by Chief Justice Oliver Wendell Holmes, established that speech which evokes "a clear and present danger" is not permissible. He famously used the example "fire!" in a crowded theater.
Epperson v. Arkansas (1968)
Prohibited states from banning the teaching of evolution in public schools because that would violate the establishment clause and the free speech clause.
1895 In Re Debs
Ruled that the government under commerce clause of Constitution had right to halt 1894 Pullman strike. Said strike hurt general welfare of nation by disrupting commerce and mail delivery
Daniels v. Williams
Prisoners can only sue for damages when the injury is inflicted intentionally--a prisoner's right to due process is not violated by negligence alone
U.S. vs. Nixon
Nixon asserted that he was immened from suvtoema claiming executive priviledges Article 2
Mapps V. Ohio Court
1961-Dolree Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive. She appealed her conviction on the basis of freedom of expression It placed the requirement of excluding illegally obtained evidence from court at all levels of the government. The decision launched the Court on a troubled course of determining how and when to apply the exclusionary rule.
Prigg v. Pennsylvania
Margaret Morgan, a former slave, moved to Maryland from Pennsylvania, where she used to be a slave. Since she was never fully emancipated, a slave catcher, Edward Prigg caught Morgan and sold her in Pennsylvania. When the case was brought to the Supreme Court, The conviction of Prigg was overturned because federal law is superior to state law.
slaughter house cases
became the basis for later expansion of the meaning of "due process" and "equal protection" clauses
Escobedo v Illinois
A suspect of a murder-related cases was interrogated without counsel.
Crawford v. Marion County Election Board
constitutionality of requiring voters to show ID before voting
Gitlow vs. New York (1925)
1st amendment freedom of speech protection is incorporated/applied to the states through the 14th amendment; incorporation doctrine
Brown v. Board of Ed
-Black students were denied admission to white schools (segregation not required in Kansas, but not illegal)
-District Court ruled in favor of Board of ed using Plessy as precedent
-SC unanimously ended segregation (after re-hearing), deeming doctorine of seperate was unconsitutional
Worcester v. Georgia (1832, Marshall)
Supreme Court Decision - Cherokee Indians were entitled to federal protection from the actions of state governments which would infringe on the tribe's sovereignty - Jackson ignored it
Bakke v. University of CA
can't use cuotas (number per race)
Dred Scott v. Stanford
Said slaves are property and the government has no right to prohibit slavery in the territories
Korematsu v US 1944
citizens of Japanese descent could be interned and deprived of basic constitutional rights due to executive order
Andrew Jackson's Veto Message
Disagreed with McCulloch v. MD case. didn't want the bank. says it gives too much power to congress. Says the prez should matter more becuase he was actually voted in by all the people. He is frustrated with Judicial Review and Necessary and Proper clause. Disagrees with Marshall. Deals with sect 8
Dickerson v. US
(2000) The Mapp decision is based on the Constitution and it cannot be altered by Congress passing a law
Gitlow v. New York
Bill of rights applies to states too
Dred Scott v Sandford
(1857) stated that slaves were not citizens; that living in a free state or territory, even for many years, did not free slaves because they were property; declared the Missouri Compromise unconstitional
Northern Securities Co. v US
Reestablished the authority of the federal gov't to fight monopolies under the Sherman Antitrust Act (taken away in US v EC Knight Co) 1904
Gonzales v. Carhart 2007
Upheld Partial Birth Abortion Ban Act of 2003.
N.Y. Times v. Sullivan
Supreme Court says public figures must prove "actual malice" and "reckless disregard for the truth" to sure for defamation
The court forbade the internment of Japanese-Americans born in the U. S. (Nisei)
Ex parte Endo (1944)
New York Times v. Sullivan (1964)
Established the *actual malice* standard. In cases of libel or slander, public figures must prove that the author had "knowledge of falsity and reckless disregard for the truth."
Brandenburg vs. Ohio (1969)
KKK leader Brandenburg was sued for talking about revenge and marching on washington. court ruled you can't punish speech unless it is directed to incite imminent lawless action.
1965 Griswold v Connecticut
Strikes down state law prohibiting the use of contraceptives; Proclaims a "right to privacy"
Abington v Schempp
you cant have daily bible readings at school
Brown v. Board of Education
Court ruled that segregation was unconstitutional, overturned Plessy v Ferguson
Fletcher v. Peck, 1810
Ruled that the state of Georgia's repeal of the Yazoo Land Act of 1795 was void because the law itself was unconstitutional.
First case where the Supreme Court ruled a state law unconstitutional.
Schenk v United States
Defendant's criticism of the draft was not protected by the First Amendment, because it created a clear and present danger to the enlistment and recruiting practices of the U.S. armed forces during a state of war.
School District of Abington Township, Penn v. Schempp
Requiring bible reading in school violated the establishment clasue of 1st Amendment.
Miranda vs. Arizona (1966)
prior to questioning by the police, a person in custody must be informed of the following: his or her constitutional rights to remain silent, that anything said can be used against him or her, that he/she has right to have an attorney present during questioing, and to have an attorney appointed if he/she cannot afford one; Miranda Warning
Brown v. Board of Education of Topeka (1954)
declared school segregation unconstitutional
Escobedo v. Illinois (1964)
Ruled that a defendant must be allowed access to a lawyer before questioning by police
Brown v. Board of Education of Topeka, Kansas (1954, Warren)
This is still racist.
Bethel v. Fraser
A school has a right to censor speech to maintain a standard that upholds educational process.
Hazelwood School District v. Kuhlmeier
The Court held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established (by policy or practice) as forums for student expression.
US v. O'Brien (1968)
burned their draft cards on the steps of the South Boston Courthouse, and their convictions were upheld as violations of the Selective Service Act
halted quota systems in college admissions but upheld affirmative action
Roe v Wade (1973)
legalized abortion on the basis of a woman's right to privacy
Cherokee Nation v. Georgia (1831, Marshall)
John Marshall wrote, "their relation to the U.S. resembles that of a ward to his guardian... (they were a) domestic dependent nation." Established a "trust relationshi[" with tribes directly under federal authority.
Barron vs Board of Education
Legal segregation of the schools was unconstitutional
Dred Scott v. Sanford
Slaves are not citizens and cannot sue in federal court, and the federal government may not deprive a citizen of property without due process
abington school district v Schempp
practices at issue and the laws requiring them are unconstitutional under the establishment clause(10 bible verses)
Cruzan vs. Director, Missouri Department of Health (1990)
although the Supreme Court ruled that 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
Forsyth County v National Movement
government can't charge for a rally license un-proportionally (meaning cost has to be reflective of # of people at rally) just because they don't like the idea
Texas V. Johnson
A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.
Fletcher v peck 1810
The decision stems from the Yazoo land cases, 1803, and upholds the sanctity of contracts
Martin v. Hunter's Lease (1816)
SC had jurisdiction over state courts in casing involving constituional rights
Brandenburg v. OH, 1969
it is protected speech as long as it not an "immanent breech of the peace" (KKK)
Lynch v. Donelly (1984)
In a defeat for the ACLU, the Court held that a city's inclusion of a creche in its annual Christmas display in a private park did not violate the establishment clause.
University of Cal V. Bakke
White man not allowwed in because of diversity laws
Swann v. Charlotte-Mecklenburg Board of Education
(1971) -Court ruled in favor of forced busing to achieve racial balance in schools
Kelo v. City of New London
city's taking of private property to sell for private development qualified for a "public use"
Northern Securities Co. v. U.S. - 1904
Re-established the authority of the federal government to fight monopolies.
Safford Middle School v Redding
students may not be strip searched at school without appropriate guidelines and probable cause; 8th
Regents of the University of California v. Bakke
Did a University violate the 14th Amendment and the Civil Rights Act by not allowing admission of a white person into the University. Should the University be able to set aside open spots for minority applicants if there are applicants of a different race that are more deserving of admission into the college.
the Court stated that not allowing a white person into the University violated the Civil Rights Act, while four justices stated that race could be used as a remedy to help fix under representation in the medical field. The Court ruled that a white person should be allowed admission because of the statement that a candidate may never be excluded based solely on the basis of race. This decision disallowed quota systems set by universities for minorities, but approved of using race as a plus factor in admitting students. however, quota systems may be allowed if there is a compelling state interest. For example, a university has discriminated against a race fora n extended period of time.
Lawrence and Garner v Texas (2003
- Law against homosexual sex violates liberties under due process.
Ledbetter v. Goodyear Tire and Rubber Co (2007)
employers cannot be sued under Title VII of the Civil Rights Act over race or gender pay discrimination if the claims are based on decisions made by the employer 180 days ago or more.
Everson v. Board of Education (1942)
This decision ruled a state law that paid for the busing of children in private schools constitutional. It applied the Establishment Clause to the states through the Due Process Clause of the 14th Amendment.
What does it mean that the police must "mirandize" you when arrested?
Inform you of your rights.
Charlotte Mecklenburg Board of Education
14,000 black kids went to an all black school ora 99% black school. To stop this they started "bussing". 14th amendment
Brown v. Board of Education in Topeka, KS
1954; Combination of 3 cases; for equal schooling for African Americans; overturned Plessy v. Ferguson; Court sided with Brown that segregation violated equal protection of rights
In Re Gault - Court ruled that juveniles are guarenteed right to notice of charges, attorney, cross-examine witnesses, and confront accuser and remain silent.
Gault was taken into custody by making obscene phone call, police did not leave notice with parents, Gault was admitted into State Industrial School until 21. Do juveniles facing criminal charges have same rights as adults under 14th amendments due process laws?
Oral arguments/briefs
Civil Rights
Plessey v Ferguson
Miller v California
Defines "obscene material"
Rummel v. Estelle
Legalized three-strikes laws
Heart of Atlanta Motel v. US
Commerce Clause
Hearth of Atlanta(Motel) v US
1944; 14th amendment; black children denied into white school; unanimously ruled in favor of children
Lemon v. Kurzman
establishment clause/three part test to see if there is excessive government entanglement in religion... Lemon Test
Tinker v. Demoines
1969-challenges first amendment. Mary Beth Tinker and a friend wore black arm bands to school to protest American's in the Vietnam War. The court ruled 7-2 in favor of the plaintiff because the school failed to prove the arm bands actually disrupted school.
Regents v. Bakke
Approved the Constitutionality of affirmative action. said that quotas based on race were unconstitutional
INS v Chadha
From constitution. Outlawed the legislative veto
Randall v. Sorrell
For political campaigns: contribution limitation laws are unconstitutional, expenditure limitation laws aren't.
Santa Fe v Doe
student-led, student-initiated prayer at high school football games violated the establishment clause (2000)
Gibbons v. Odgen
reaffirmed federal control over interstate commerce under a broad interpretation of this clause in the constitution
Johnson v. McIntosh
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.
New York Times Company v. United States (1971)
Clarence Thomas
2nd ever african american justice on supreme court
Bowers vs. Hardwick
Authorized states to regulate sexual interaction conducted in private between consenting adults. This case was overturned in Lawrence vs. Texas (2003).
Near v Minnesota
the 1931 supreme court decision holding that the first admendment protects newspapers from prior restraint
Buckley v. Valeo (1976)
Campaign contributions equal protected free speech prompting the creation of PACs and 527s aligned with candidates but not directly connected.
Lemon v. Kurtzman
gov. can fund non-relgious purposes for schools. (books, not teachers)
Vernonia School District v Action
Upheld school drug testing
Marbury v. Madison
The decision established the principal of judicial review; the Supreme Court has the power to declare a law passed by Congress unconstitutional.
Plessy v. Furguson
Separate but equal is constitutional. Later overturned.
Wisconsin v. Yoder
Supreme Court ruled that Amish children can be taken out of school before 16 due to religious freedom. States interest to force children to go to school is outweighed by religious freedom
Johnson v M'Intosh
1823 CJ Marshall P Monroe
private citizens could not purchase lands from native americans
Swann v. Mecklenburg, 1969
The Charlotte-Mecklenburg, NC school system had black students attending schools that were more than 99 percent black. The failure to desegregate violated Brown.
McCullough v. Maryland-1819
upholds the constitutionality of the bank of the U.S and asserted the implied powers doctrine
Alden v. Maine
1999; Declares states "immune" from suits by their own employees for overtime pay under the Fair Labor Standards Act of 1938. (See also the Seminole case.)
Muller v. Oregon
accepted maximum hours for women- based on gender inequality
Roth v. United States
Developed a "community standards test." Taking a work as a whole, if the average person found the work too obscene based upon "contemporary community standards."
president put someone in power and the new president said he didn't get it in time
Schneck vs. U.S.
Unanimously upheld the Espionage Act of 1917 which declared that people who interfered wit 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."
Pittsburgh v ACLU
manger and menorah with sign "dedicated to freedom" is legal
Miller v. California
set initial standards for obscenity: (1) appeals to indecent sexual desires applying contemporary community standard for obscenity (2) shows in a clearly offensive way sexual behavior outlawed by state law (3) lacks serious literary, artistic, political or scientific value
Rasul v. Bush
terrorist detainees must have access to a neutral court to decide if they are legally held
Furman v. Georgia
Capital punishment didn't hold up neither did the law
Martin v Hunters Lessee
1816 (federal appellate jurisdiction over state courts) Concurrent federal and state jurisdiction didn't make the state and federal courts equal, and state judges must decide cases according to "the supreme law of the land," the constitution. Supreme Court appellate jurisdiction of state court cases enures a uniformity of constitutional decisions.
Stanley v Georgia
Not a crime to possess obscene material
Lee v. Weisman
Public schools inviting clergy to read prayer at an official ceremony (here a graduation ceremony) violates First Amendment non-establishment clause.
West Virginia v. Barnette
Compulsory flag salute in public schools violates 1st amendment "compulsory unification of opinion"
Mapp v Ohio(1961)
dolleree mapp was accused of harboring a dangerous criminal. the police searched her house w/o a warrant and found other illegal material which they used to prosecute mapp.
the exclusionary rule was est in the SC. state werent allowed to introduce illegally obtained evidence in a trial
US v Lopez
court ruled that gun-free school zone act exceeded Congress' authority to regulate interstate commerce; Congress must defer to states
Roper v. Simmons
2005 : Execution of offenders for crimes committed while under the age of 18 is unconstitutional
Epperson vs Arkansas
The Court held that the Arkansas statute forbidding the teaching of evolution in public learning institutions was contrary to the freedom of religion mandate of the First Amendment, and was also in violation of the Fourteenth Amendment.
Plessy v. Ferguson (1896)
Homer Ferguson was 1/8 African American boarded a train and was asked to leave the white car and board on the black car. Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of racial segregation even in public accommodations (particularly railroads), under the doctrine of "separate but equal".
Gregg v. Georgia (1976)
The death penalty, if administered carefully, is not cruel and unusual punishment, and therefore the states could choose to use the death penalty. A death sentence can be given for prem ated murder, but not robbery. This decision overturned Furman v. Georgia (1972) which put a ban on the death penalty.
In re Gault
juvenilles have the same due process rights as adults
TN v. Garner
a. They are a Threat to Police
b. They are Armed and Threatening a 3rd Party
US v EC Knight
ruled that companies engaged in manufacturing rather than interstate commerce were to be regulated by state and not federal law, and could not be dismantled by the federal government
Baker v. Carr-1962, Reynolds v. Sims-1964
"one man one vote"
powell v alabama
states are required to appoint counsel for all poor people in capital cases; cannot afford lawyer state will give you counsel
Webster v. Reproductive Health Services (1987)
Court held Missouri enacted legislation that placed restrictions on abortions as constitutional. More leeway for states in regulation abortion, though no overturning of Roe v. Wade. Upholds MO law prohibiting abortion in public hospitals, unless necessary to save mom's life(Later cases allow 24-hour waiting periods, parental consent for minors, etc.)
Brandenburg v. Ohio
extended freedom of speech to new limits. Threats of a KKK leader were deemed ok b/c of a failure to prove a real danger from them. Declared that speech is protected unless proven that actions directly incited the action
Korematsu vs US
Japanese Americans present a danger in wartime
Scott v. Sanford
(1857, Taney). Speaking for a widely divided court, Chief Justice Taney ruled that Dred Scott was not a citizen and had no standing in court; Scott's residence in a free state and territory had not made him free since he returned to Missouri; Congress had no power to prohibit slavery in a territory (based on the 5th Amendment right of a person to be secure from seizure of property), thus voiding the Missouri Compromise of 1820.
Stone v. Graham
the Ten Commandments cannot be posted on the walls of public schools
Ex Parte Merryman
(1861) Lincoln's decision to to impose martial law in Baltimore after an anti-union riot was unconstitutional
Griswold v. Connecticut (1965)
The Supreme Court found the Connecticut law making it illegal for Griswold to advise married couples on the use of contraception unconstitutional. Married couples can now use and be advised on contraception without any legal problem.
Lawrence v. Texas (2003)
Overturned Bowers v. Hardwick and declared a state law banning sodomy to be an unconstitutional intrusion on the right to privacy.
Grutter v. Bollinger
Race as a plus in aplicatios is permissable.
United States vs Nixon
The rule of law prevails over executive privilege; President Nixon must release his journal tapes for Watergate trials
ex parte miligan
ruled that a civilian cannot be tried in military courts while civil courts are available
Barron v. Baltimore (1883)
Bill of Rights not incorporated to states, protections applied only to the actions of the federal government until 1925.
Near v. Minnesota
Prior Restraint is in violation of the First Amendment. Also said that First Amendment can strike down any state law because of the fourteenth amendment
Tinker v. Des Moines
Do students have 1st Amendment rights to symbolic dress during school?
Gibbons vs. Ogden
attempt by New York to grant a monopoly on waterborne transportation between NY and NJ,. Conferred that only congress can deal with commerce, striking against states rights once again.
Dennis v. United States
(1951) Free speech doesn't apply if you are planning to overthrow the government
New York Times vs. U.S.
The Government must strongly justify any abridgment of a newspaper's freedom of speech, as long as it does not threaten national security.
Lochner v. New York (1905).
Declared unconstitutional a New York act limiting the working hours of bakers due to a denial of the 14th Amendment rights.
Korematsu v US
Is the executive order to relocate all or any persons in order to provide protection from espionage a constitutional exercise of war?
Westside Community Schools v. Mergens
religious clubs are allowed in school
U.S. v. Richard Nixon (1974)
the court rejected Richard Nixon's claim to an absolutely unqualified privilege against any judicial process
Hamdan vs. Rumsfeld
Rule executive branch no have right to strip federal courts from hearing cases from war on terror detainees as violate Geneva Convention
Bakke Case - 1978
Students cannot be admitted by quota but race can be considered in admissions.
Lawrence and Garner v Texas
Law against homosexual sex violates liberties under due process
Wisconsin v. Yoder (1972)
Public schools required kids to attend school til age 16 but amish religion disagreed
Davis v Monroe Board Education
schools must protect students from sexual harassment under title 9 and the 14th amendment
United States vs. Leon (1984)
evidence obtained through a faulty search warrant can be admitted if the authorities acted in "good faith" in getting the warrant; "good faith" exception to the exclusionary rule
1957 Watkins v. United States
Bill of rights applicable to congressional investigations, congressional investigations must spell out their legislative purpose and jurisdiction and Watkins was within his right to refuse to testify to matters beyond scope of the HUAC
Safford Unified School District v. Redding(2009)
Issues: 4th Amendment
Decision: It held that a strip search of a middle schooler violated the Fourth Amendment where the school lacked reasons to suspect either that the drugs presented a danger or that they were concealed in her underwear. The court also held, however, that because this was not clearly-established law prior to the court's decision, the officials involved were shielded from liability by qualified immunity
Northern Securities Co v U.S
re-established the authority of the federal government to fight monopolies under the Sherman anti-trust act
Miranda v. Arizona (1966)
What: Violation of rights by police through ignorance of rights
Precedent: "Right to Remain Silent"
Miami Herald Publishing Company v. Tornillo
government cannot force papers to print replies from candidates it has criticized
Webster v Reproductive Health Services
More leeway for states in regulating abortion though no overturning of roe v wade, uphold MO law prohibiting abortion in public hospitols
New York Times Co. v. U.S.
1971- Supreme Court case protecting the freedom of the press by allowing the New York Times to publish the "Pentagon Papers" despite the Justice Department's order to restrict it
West Virginia Board of Education v Barnette
1st amendment: religion
Did the compulsory flag salute at school violate the first amendment?
Yes, violate the establishment clause. Compulsory patriotism is doomed to fail.
Bethel School District v. Fraser
Obscenity case. Court ruled that it was appropriate to discipline students for use of obscenity. School Assembly
Abington school District v. Schempp
reading of 10 bible verses violated the establishment clause.
Westside Community Schools v. Mergens (1990)
The school administration at Westside High School denied permission to a group of students to form a Christian club with the same privileges and meeting terms as other Westside after-school student clubs. In addition to citing the Establishment Clause, Westside refused the club's formation because it lacked a faculty sponsor. When the school board upheld the administration's denial, Mergens and several other students sued. The students alleged that Westside's refusal violated the Equal Access Act, which requiremes that schools in receipt of federal funds provide "equal access" to student groups seeking to express "religious, political, philosophical, or other content" messages. On appeal from an adverse District Court ruling, the Court of Appeals found in favor of the students. The Supreme Court granted Westside certiorari. In distinguishing between "curriculum" and "noncurriculum student groups," the Court held that since Westside permitted other noncurricular clubs, it was prohibited under the Equal Access Act from denying equal access to any after-school club based on the content of its speech. The proposed Christian club would be a noncurriculum group since no other course required students to become its members, its subject matter would not actually be taught in classes, it did not concern the school's cumulative body of courses, and its members would not receive academic credit for their participation. The Court added that the Equal Access Act was constitutional because it served an overriding secular purpose by prohibiting discrimination on the basis of philosophical, political, or other types of speech. As such, the Act protected the Christian club's formation even if its members engaged in religious discussions.
Gideon v. Wainwright (1963)
the right to counsel is fundamental to a fair trial; the state must provide an attorney to poor defendants charged with a felony; the sixth amendment applies to the states through the fourteenth amendment
Gideon v. Wainwright (1963).
Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.
Engel v Vitale/School district of abington township v Schempp
prohibited required prayers and bible reading in public schools
New York Times v. U.S.
Papers on Vietnam War should be printed because it was the Pentagons fault for not protecting them
Tinker v. Des Moines School District
The court declared that "student rights do not stop at the schoolhouse gates." The wearing of black armbands was protected by the Constitution. Students enjoy protection of the Bill of Rights unless their actions materially disrupt the educational environment.
brown v board of ed (1954)
separate but equal = unconstitutional; civil rights act of 1964
Michael M v. Sonoma County
Cali Rape Law discriminated justly on the basis of gender b/c only females may be victims and only males may violate this section.
Gatsby v. Valinger (2002) Rehnquist
1. Does using racial preferences in colege admissions violate the equal protection clause of the 14th Amendment? - Yes
Weeks v. US (1914)
Issue: Did the search and seizure of Weeks' home violate the Fourth Amendment?
Facts:Police entered the home of Fremont Weeks and seized papers which were used to convict him of transporting lottery tickets through the mail--This was done without a search warrant.
Summary: In a unanimous decision, the Court held that the seizure of items from Weeks' residence directly violated his constitutional rights.
Schenck v. U.S. (1919)
upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to free speech against the draft during World War I
Maimi Herald Publishing Company v. Tornillo
States could not force newspapers to print replies from canidates it had criticized.
Northern Securities Co. v. United States
The Supreme Court ruled that the Northern Securities Company, which controlled three railroads and monopolized rail transit for 1/4 of the United States was in violation of the Sherman Anti Trust Act of 1890. This was the first real usage of the law to break down monopolies.
New Jersey v. T.L.O. (1985)
TLO was accused of smoking in the bathroom, was searched and was found with cigarettes, pot and reported to be dealing on campus. Establishes that right of privacy may be suspended when there is a reason to be suspicious.
Fletcher v. Peck (1810, Marshall).
The decision stems from the Yazoo land cases, 1803, and upholds the sanctity of contracts.
John Peter Zenger Trial (1735)
a landmark case in the development of common law protection for free speech; verdict of "not guilty" on a charge of seditious libel against the governor of New York.
Employment Division of Oregon v Smith
native indian smokes cactus drug. got fired for failing drug test, 6-3, 1st (religion)
Dred Scott vs. Sanford
an 1856 supreme court case in wich a slave, dred scott, sued for his freedom because he had been taken to live in territories where slavery was illegal ; court ruled against scott
Cherokee Nation v Georgia; Worcester v Georgia
1831; 1832 (state laws, treaties and Indians) The Cherokee tried to stop a Georgia declaration that the laws of the CHerokee were null and void. The COurt ruled in the first case that while it lacked jurisdiction, the CHerokee Nation possessed some sovereignty, but not a foreign nation. In the second case, Marshall ruled that the laws of Georgia had no force w/in the territorial boundaries of the Cherokee Nation. Pres Jackson didn't do anything to enforce it.
U.S. v. E.C. Knight Co. (1895)
Due to a narrow interpretation of the Sherman Anti-Trust Act, the Court undermined the authority of the federal government to act against monopolies.
U.S. Term Limits, Inc. v. Thorton
1995- States do not have the authority to limit the terms of members of Congress, because doing so would create an inconsistent patchwork of qualifications for office.
Hazelwood School District v. Kuhlmeier (1988)
The Court ruled in favor of school district censorship of student newspapers as long as censorship is related to legitimate concerns. The principal's deletion of articles in a school newspaper deemed inappropriate did not violate the students' rights under the First Amendment.
Heart of Atlanta Motel v. United States
congress can use its power to regulate interstate commerce to strike down racial segregation
Green v. County School Board of New Kent County (1968)
Said the school district was not adequately complying with the Brown decision, had to find new way to desegreate schools.
U. S. v. E. C. Knight Co. (1895)
Due to a narrow interpretation of the Sherman Anti-Trust Act, the Court undermined the authority of the federal government to act against monopolies.
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