Landmark Supreme Court Cases Flashcards

Terms Definitions
Nixon
Watergate scandel
Mapp v. Ohio
1961
Zelma v. Simmons-Harris
2002
Roe v Wade
-abortion
-privacy rights
Marbury v. Madison
Judicial Review
Miranda v. Arizona
Miranda rights established
Plessy V. Ferguson
Separate but equal
Wesberry v. Sanders (1964)
Court: Warren
Category: Gerrymandering/Political Process
Issue: Did Georgia's congressional districts violate the Fourteenth Amendment or deprive citizens of the full benefit of their right to vote?
Decision: Georgia's apportionment discriminated against voters because a single congressman had to represent two three times more people than other congressman. MUST HAVE PROPORTIONALLY EQUAL REPRESENTATION IN A STATE
baker v carr
1 man 1 vote
gerrymandering/redistricting
Mapp
Fake search warrant looking for fugative but found porn. materials were obtained illegally. amendment #4 1961
Engel
New York approved a nondenominational prayer before each day
Marbury
Election 1800 Incumbent didn't win, new in office, didn't satisfy appoint.
Judicial Review / Art. 3
McCulloch v. Maryland (1819)
Established national supremacy; established implied powers; use of elastic clause; states unable to tax federal institution
Hamdi v. Rumsfeld (2004)
Court: Rehnquist
Category: Due Process/Rights of the Accused
Issue: Did the government violate Hamdi's Fifth Amendment right to Due Process by holding him indefinitely, without access to an attorney, because of an Executive Branch declaration that he was an "enemy combatant" against the United States? Does the separation of powers doctrine require federal courts to defer to Executive Branch determinations that an American citizen is an "enemy combatant"?
Decision: Fifth Amendment due process guarantees give a citizen held in the United States as an enemy combatant the right to contest that detention before a neutral decisionmaker. The plurality voted that the court cannot rule on Hamdi's detention.
Loving v. Virginia
Virginia's law banning inter-racial marriages was declared an unconstitutional violation of the Equal Protection Clause because it had no legitimate purpose other than racial discrimination.
Brandenburg v Ohio
-IMMINENT lawless action
-must be likely to produce action in speech to be declared "dangerous free speech"
-KKK leader
McCulloch
Maryland wanted to tax this person's federal bank. Decided no taxes had to be paid to state; implied powers
swann
14000 black attended black schools and wanted schools to be intergrated. unanomous to start busing the students. amendment 14 1971
Bakke v University of California
Quotas are illegal
Miranda
Ernesto accused of rape/ kidnap and his rights weren't read to him - Miranda rights
Gideon
charged with breaking and entering an couldn't pay for a lawyer
Korematsu v.United States
military situations permitted National Government to deprive and entire race basic rights in the interest of our national national security
Lee v. Weisman
1st amendment establishment clause denies inclusion of prayer at start of public school and graduation ceremony
Lau v Nichols 1970
bilingual education mandated for schools where there is a significant need from non English speaking children; 14th amendment
Miller v. California (1973)
Court: Burger
Category: 1st Amendment = Free Speech/Press
Issue: Is the sale and distribution of obscene materials by mail protected under the First Amendment's freedom of speech guarantee?
Decision: Obscene materials do not enjoy First Amendment protection.
Barron v. Baltimore
The 5th amendment provision regarding eminent domain applied to the federal government only, not the states. (Note: this was in 1833, before incorporation. We only study this case as the "before" of incorporation.)
gideon v wainwright
attorney guaranteed to everyone even if they cannot afford one
in forma paupis
McCulloch v Maryland
This case establishes that Congress has the power to charter a national bank
Mapp v. Ohio (1961)
[Warren Court]
Warantless Search, Due Process
Constitutional Principle:
- Civil liberties
Why Decision is Important:
- Ruled that citizens are protected against unlawful search and seizure by the states as well as by the federal government
Shaw v Reno
Gerrymandering can't be based on race
Mirinda
they didn't tell the criminal that he had the right to remain silent and told on himself, get locked up.
wallace
Moment of silence instead of prayer in school.
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
Tinker
Wore black arm bands in protest of war
Reynolds v. US
religious worship can not violate protection of health, safety, and morals
Oregon v. Smith
Drugs in religious observances, still illegal
korematsu v us
put curfew on japanese americans during the vietnam war
Roth V. U.S.
Established that obscenity is not within the area of constitutionally protected speech or press.
Lawrence v. texas
Sexual relations between same sex people cannot be banned by state law.
Epperson v. Arkansas
Arkansas may not prohibit teachers from teaching evolution becuase it had a religious purpose.
Engel v. Vitale
banned formal prayer in schools, goverment whould not make any religion the 'official' religion.
Gitlow v. New York
established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment
First incorporation case
furman v. georgia
This 1972 Supreme Court case struck down all state laws allowing the death penalty stating that they allowed for too much discretion on the part of the judge and jury resulting in lack of consistent administration of the penalty.
Grutter v Bollinger 2003
colleges may use race/gender to increase diversity under Affirmative Action; 14th
Brown v. Board of Education (1954)
school segregation unconstitutional; overturned separate but equal
Heart of Atlanta Motel v.
United States (1964)
Court: Warren
Category: Civil Rights/Racial Equality
Issue: Did Congress, in passing Title II of the 1964 Civil Rights Act, forbiding racial discrimination by places of public accommodation if their operations affected commerce, exceed its Commerce Clause powers by depriving motels, such as the Heart of Atlanta, of the right to choose their own customers?
Decision: The Commerce Clause allowed Congress to regulate local incidents of commerce, and that the Civil Right Act of 1964 passed constitutional muster.
wisconsin v yoder
1985. Yoder was Amish, 8th grade dropout. Father claimed free exercise. Precedent: Fine for dropping out of school was unconstitutional
Swann v. Charlotte-Mecklenburg Board of Ed.
Federal courts were constitutionally authorized to oversee and produce remedies for state-imposed segregation, including busing students, if necessary.
Gitlow v New York
-Selective incorporation of the bill of rights to states
-Freedom of speech applied to New York
hamdan v rumsfeld
detainees at guantanamo bay must have due process
Swann v Charlotte-Mecklenberg
school board entitled to end school segregation
Brown v. Board of Education (1954)
[Warren Court]
School Segregation, Equal Protection
Constitutional Principle:
- Equality
- Rights of minority groups
Why Decision is Important:
- Ruled that segregation in education creates inequality
- Overturned Plessy v. Ferguson and nullified the concept of "separate but equal"
Reynolds vs. Sims (1964)
The Alabama district lines werent correct, making voting unfair; the court ruled that the state legislatures would be required to be reapportioned according to population.
Plessy
1/8 black person wanted to get on a white train - "separate but equal"
Baker v. Carr (1962)
One person one vote-state elections (Warren Court's judicial activism.) Decided when Tennessee refused to reapportion.
Baker v. Carr(1962)
"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's judicial activism.
Roe v. Wade 1973
state laws againsted abortion were unconstitutional, 1973
Baker V. Carr
case that established the principle of one man, one vote.
McCulloch vs. Maryland
Banker in Maryland. Maryland wanted to tax the federal bank. 1819
Everson v. Board of Education
Establishes the wall of separation.
Wallace v. Jaffree
"prayer or meditation" has a religious purpose and violate establishment clause.
Marbury v. Madison (1803)
Established the Supreme Court's right of Judicial Review. Strengthened the judiciary in relation to other branches of government
U.S. v. Morrison
Neither the Commerce Clause nor the 14th amendment gave Congress the power to enact the Violence Against Women Act
kelo v. new london
eminent domain case; local govt may force the sale of private property and make way for private economic development when officials decide it would benefit the public
Hazelwood v Kuhlmeir 1988
schools may edit the content of student newspapers and are not in violation of student's 1st amendment freedom of expression/ press, or speech due to the need to reflet the school's values on curriculum
In re Gualt
Brought in by police & parents were not notified prank calling on probation.
Texas v. Johnson
Flag burning as political protest is a form of symbolic speech protected by the First Amendment.
Schenk v US
-Schenk did not have the right to print, speak and distribute material against US efforts in WW1 b/c clear and present danger existed
-clear and present danger test established
hazelwood v kuhlmeier
students do not have the same rights when theyre following a curriculum
restricts the rights of the students
United Steelworkers v. Weber (1979)
Despite the ban on racial classifications in the 1964 Civil Rights Act, this case upheld the use of race in an employment agreement between the steelworkers union and steel plant.
Gideo v. Wainwright
Right to lawyer even if can't afford one
Brown V. Board of Education
The 1954 Supreme Court decision holding that school segregation in Topeka, Kansas was inherently unconstitutional because it violated the Fourteenth Amendment's guarantee of equal protection. This case marked the end of legal segregation in the United States
Gideon v. Wainright
person accused of a crime has the right to counsel
In Re Gault
a boy was arrested for making an inappropriate phone call to his neighbors he was sentenced to 6 years in juvenille detention when if the crime was commetted by an adult they would have a 5 to 50 dollar fine and 2 months in jail the court ruled that it was unconstitutional. (14th amendment)
Reynolds vs U.S (1879)
Free Exercise Clause- means you can practice your religion however you prefer; Reynolds was a Mormon who wanted to practice his faith by exercising his right to marry multiple times; Court ruled that this was not legal, since the time of King James, marriage had meant one to one, and thus this was the understanding of the Founding Fathers at the time of the Constitution.
Martin V. Hunter's Lessee
Supreme Court can review the decisions of highest state courts if they involve a federal law or the constitution.
Gideon vs. Wainwright (1963)
-falsy arrested for robbing a bar. couldnt afford a laywer, wasnt capital of offense
-everyone is entitled of a laywer
-article 6
Wisconsin v. Yoder
Amish parents can pull children out of school at 8th grade.
Board of Education v. Earls
(2002) School district requirement of drug tests to participate in extracurricular activities upheld.
Vernonia v Acton 1995
students must submit to a random drug testing as a "reasonable" 4th/14th amendment of the school environment. this is constitutional
Korematsu vs. United States
Bombing of Pearl Harbor. Sued the U.S. for locking up all Japanese (internment camp) This man did have to leave his home. 1944
United States v. Virginia (1996)
State may not finance an all-male military school.
Plessy vs. Ferguson (1896)
A 1/8th black, white man was riding the white side of the train although he was a black man; majority ruled that Ferguson was right and that if your black, YOUR BLACK! "seperate but, equal" 14thamendment.
Tinker v. Des Moines (1969)
Students have the right to symbolic speech at school as long as it is not disruptive
Vernonia v Acton
if you wanted to be on the football team you had to agree to a random drug test. one boys parents refused because they thought it was a violation of privacy so he was not allowed to play. the court ruled that it was constitutional for random drug testing since it is a probable cause. (4th and 14th amendment, privacy, student and school rights)
regents university of california v bakke
racial bias against minorities getting into school ; allowed it so minorities will be able to get to college equally
Ashcroft vs ACLU (2002)
Freedom of Speech - Everyone has the right to express themselves. Congress passed the Child Online Protection Act to prevent access of pornography online. ACLU argued that it violated the Free Speech Clause of the First Amendment. In a 5-4 vote, the Court ruled the COPA act was not that effective and that there are more plausible ways to control access and that it is likely to violate the First Amendment.
Tinker vs. Des Moines School
spoke out against war. wore black armbands during Christmas. removed from school. Ruled in favor of kids. 1st amendment. 1969
Allegheny County v. Greater Pittsburgh ACLU
Display of religious symbols on government property depends on how religious the symbol is.
Christmas tree = OK
Nativity scene = NOT OK
Casey v. Planned Parenthood
A law in Pennsylvania that required a spouse to know if his wife was getting an abortion was struck down because it created an "undue burden" on women who wanted an abortion. But minors must have parents consent and they must have a 24 hour waiting period
New York Times v. Sullivan (1964)
Public figures have a higher standard to meet to win libel or slander suits
kelo v city of new london
govt is trying to take private property vof private development
they can if its for the community but they must pay you
United States v. Nixon (1974)
The 1974 case in which the Supreme Court unanimously held that the doctrine of executive priveledge was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions
Planned Parenthood vs Casey (1992)
Due Process - All citizens are allowed the right to go through court if their personal life, liberty, or property is taken. Pennsylvania law required informed consent for abortion and a 24 hour waiting period. Minors must consent with parent and wife must tell husband about her intent. In a bitter, 5-4 decision, the Court reaffirmed Roe. However, this created the questioning of whether abortion had the purpose or effect of imposing an undue burden/ "substantial obstacle in the path of a woman before viability". The only thing that was to fall under that was the husband notification.
Swann vs. Charlotte Mecklenburg Board of Education ( 1971)
-14,000 students and 99% white
-bus half of the white kid & half of the black kids to each school to inagrate both schools
-amendment 14
Roger B. Taney, 1837, obligation of contract - Rights granted in a legislative charter should be interpreted as narrowly as possible and any ambiguity should be interpreted in the public's interest. Condemned monopolies.
Charles River Bridge v. Warren Bridge
Regents of the University of California v. Bakke (1978)
In a confused set of rival opinions, the decisive vote was cast by Justice Powell, who said that a quotalike ban on Bakke's admission was unconstitutional but that "diversity" was a legitimate goal that could be pursued by taking race into account.
Korematsu vs United States (1944)*
5th - All rights and liberties are to be held unless in time of War or public danger. In WWII, Executive Order 9066 gave permission to move citizens of Japanese ancestry away from critical areas. Korematsu remained and violated the order. In a 6-3 decision, the Court sided with the government saying that the protection against espionage outweighed Korematsu's rights.
West Virginia Board of Education v. Barnette
Students in public schools may not be compelled to recite the Pledge of Allegiance, 1943
Griswold v Connecticut
Privacy
marbury v madison
judicial review
roe
terminate pregnancy by abortion
Board of Education v. Pico
1982
Gregg v. georgia
made capital punishment constitutional; overturned Furman v. Georgia (1972) which stated that capital punishment was unconstitutional
Bush v. Gore (2000)
Court: Rehnquist
Category: Gerrymandering/Political Process
Issue: Did the Florida Supreme Court violate Article II Section 1 Clause 2 of the U.S. Constitution by making new election law? Do standardless manual recounts violate the Equal Protection and Due Process Clauses of the Constitution?
Decision: The Florida Supreme Court's scheme for recounting ballots was unconstitutional because the Equal Protection clause guarantees individuals that their ballots cannot be devalued by later disparate treatment. The opinion was limited to this case.
Reynolds
alabama district boundries were bad which made the citizens were mad ( 1 man 1 vote) amendment 14 1964
Engle v. Vitale (1962)
Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st amendment's establishment clause and 14th amendment due process clause
Gideon v. Wainwright (1963)
Court: Warren
Category: Due Process/Rights of the Accused
Issue: Did the state court's failure to appoint counsel for Gideon violate his right to a fair trial and due process of law as protected by the Sixth and Fourteenth Amendments?
Decision: Gideon had a right to be represented by a court-appointed attorney because the Sixth Amendment's guarantee of counsel was a fundamental right, essential to a fair trial, which should be made applicable to the states through the Due Process Clause of the Fourteenth Amendment.
Shaw v. Reno
Congressional districts that are gerrymandered to achieve a certain result, based on race, must meet the highest standard of strict scrutiny. The government must prove that the effort serves a compelling state interest.
reno v aclu
communications decency act held unconstitutional bc it restricted adult acess to indecent material
Baker
Never redrew lines. In favor of redrawing lines every few years; 14th & article 3
Miller v California
Defines Obscenity; Establishes Slaps test
Schempp
Bible reads Lord's Prayer in Penn. Required to read in bible as hw.
Violates 1st Amend. / Amend. 1
McConnel V. FEC
Upheld 2002 Campaign Finance Reform
John Marshall, 1824, steamboat monopoly in New York - The states and federal government are not equal sovereignties. Federal power is specifically enumerated, but within its sphere Congress is supreme.
Gibbons v. Ogden
Korematsu v. U.S (1944)
Upheld the internment of Japanese-Americans during WWII
Roe v. Wade (1973)
Court: Burger
Category: Right to Privacy
Issue: Does the Constitution embrace a woman's right to terminate her pregnancy by abortion?
Decision: The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters.
Gideon v. Wainwright
The Supreme Court overturned required that any indigent person accused of a felony must be given an attorney at the public's expense.
oregon v smith
Drugs in religious observances, still illegal
Plessy v Ferguson
sumpreme court ruled that segregation public places facilities were legal as long as the facilites were equal
Korematsu v. United States (1944)
[Stone Court]
Japanese Internment, Equal Protection
Constitutional Principle:
- Equality
- Rights of minority groups
Why Decision is Important:
- Ruled that the forcible relocation of Japanese Americans to Wartime Relocation Agency camps during World War II was legal
Grutter v Bollinger
Affirmative action is still needed today
Hazelwood
wanted Sex Ed in the school newspaper, but the principle found it inappropriate and was given the right to edit it. (Amendment 1)
Bush v. Gore
all votes must be counted equally
Schenk v. United States
Clear and Present Danger, 1919
Yoder
Amish people who refused to send their kids to school passed the 8th grade
Dickerson V. US
Mapp decision is based on constitution; therefore, congress cannot change it.
Brandenburg v. Ohio
"imminent" lawless action is new standard. Must be "likely to produce such action".
Free Expression.
miller v. california
A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.
In Re Gault 1966
juveniles guaranteed due process when accused of a crime (notification of charges, legal counsel, lawyer, witnesses etc); 14th amendment
Lawrence and Garner v. Texas (2003)
Court: Rehnquist
Category: Civil Rights/Racial Equality
Issue: Do the criminal convictions of John Lawrence and Tyron Garner under the Texas "Homosexual Conduct" law, which criminalizes sexual intimacy only by same-sex couples, violate the Fourteenth Amendment guarantee of equal protection of laws? Do their criminal convictions for adult consensual sexual intimacy in the home violate their vital interests in liberty and privacy protected by the Due Process Clause of the Fourteenth Amendment?
Decision: The Texas statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct violates the Due Process Clause. The case turned on whether Lawrence and Garner were free as adults to engage in the private conduct in the exercise of their liberty under the Due Process Clause.
Mapp v Ohio
1961. Dollree Mapp was suspected of harboring a suspected bomber. Police searched house and found porn in a trunk in the basement with is agaisnt Ohio law. Precdent: illegally obtained evidence cannot be used in a court of law. 4th amendment proected against illegal search and seisures. Exclusionary rule- msut have probable clause
Reed v. Reed
Dissimilar treatment of men and women is unconstitutional under the equal protection clause of the 14th amendment.
Bush v Gore
-resolved 2000 election in favor of Bush
-no recount allowed for the Florida ballots
DC v heller
2nd amendment protects the right to own a gun
hazelwood school district
put articles about birth control in school paper. can edit school newspaper from bad material 1st amendment. 1988
New Jersey v. T.L.O. (1985)
[Burger Court]
Student Search & Seizure
Constitutional Principle:
- Civil liberties
Why Decision is Important:
- Ruled that juveniles have the right to the same protection as adults against illegal search and seizure
- More clearly defined what constituted a legal search and seizure
Texas v Johnson
Flag burning is protected; draft card burning is not protected
Schenck
a man told people who were drafted to go to war to stay home and wasn't protected because of the time of war (Amendment 1)
Dred Scott
dred Scott tried to sue for his freedom but court ruled he couldnt because he was not a citizen
Mapp v. Ohio (1961)
Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)
Wisconsin v. Yoder(1972)
The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the eighth grade because it would violate long-held religious beliefs.
Ingraham v. Wright
Eighth amendment's ban on "cruel and unusual" punishment doesn't have to be applied to non-criminal proceedings, such as school discipline, 1977
Near v. Minnesota
Government cannot have prior review of a publication, Minnesota "gag law" is unconstitutional, 1931
Griswold v. Connecticut
(1965) Married people are entitled to use contraception and making it a crime to sell to them same is unconstitutional. (A later case, Eisenstadt v. Baird, extended this to unmarried adults.)
Engel vs. Vitale (1962)*
Establishment Clause - Laws cannot promote or demote religions. Steven Engel, representing families of public school students, claimed that the voluntary to "Almighty God" was violating the first amendment. The Court ruled in a 6-1 decision (2 not participating) , that prayer, voluntary or neutral, in public schools is unconstitutional (Promoting the Separation of Church and State.)
Roe vs. Wade (1973)
-Texas women terminated pregnacy that was unwanted & doctor said he couldnt do it
-people can get abortions in the first 3 months
-amendment 9 & 14 (right to privacy)
Worcester v. Georgia (1832)
Stated that treaties between the United States government and Indian nations are the supreme law of the land. Declared that the federal government, not the state, had exclusive jurisdiction over Cherokee nation's territory; therefore, Georgia laws taking jurisdiction of Cherokee people and land were void. President Jackson supported Georgia in defying this ruling, and Native American removal followed.
Roper v Simmons 2005
adolescent juveniles may not be given a death sentence due to their immaturity and impulsiveness; 8th
New York Times v. United States (1992)
Court: Rehnquist
Category: 1st Amendment = Free Speech/Press
Issue: Did the Nixon administration's efforts to prevent the publication of what it termed "classified information" violate the First Amendment?
Decision: Since publication would not cause an immediate event imperiling the safety of American forces, prior restraint was unjustified.
Roe v. Wade
The Court found that "the right of personal privacy includes the abortion decision."
Miranda v Arizona
-must be told about the right to remain silent
-any evidence used without being told about rights cannot be used in court
-miranda card
-right to remain silent
citizens united v fec
cooporations have the same rights as individuals in regard to election donations
Stenberg v. Carhart (2000)
States may not ban partial birth abortions if they fail to allow an exception to protect the health of the mother.
Wallace vs. Jaffree (1985)
Alabama; Religion based on moment of silence in school.
Westside Community Schools v Mergens
children were trying to start religious clubs. The court ruled that it is constitutional as long as it is student lead, no one is forced to be there, and it does not disturb class time. (freedom of religion)
Clinton V. Jones
A sitting president is not immune to civil litigation except in extraordinary circumstances
Escobedo vs Illinois (1964)
Right to Counsel - All criminal persecutions will be allowed the right to a fair trial with the assistance of counsel. Danny Escobedo was arrested and was refused requests to see his lawyer. He was then forced to confess for murder. In a 5-4 decision, the Court ruled that police had shifted everything from the 6th amendment to the 5th amendment for a capital crime. And they should have informed him of his constitutional right to "remain silent".
Zelman v. Simmons-Harris
Voucher plan to pay school bills is upheld
New York Times v. Sullivan
Libel standard for public figures: actual malice must be shown or knowledge that material was false, reckless or disregarded.
Powell v. Alabama
Court held that the due process clause of the 14th amendment meant that there must be effective counsel in capital cases
counsel given in ALL cases- when given defense, it must be strong defense
Gregg v. Georgia (1976)
the death penalty is not cruel and unusual punishment, and therefore doesn't violate the 8th amendment
Hazelwood school district vs. Kuhlmeier
Wanted birth control in school news paper. Ruled that 5 to 3 school can control newspaper. 1st amendment. 1988
Webster v. Reproductive Health Services (1989)
Allowed states to ban abortions from public hospitals and permitted doctors to test to see if fetuses were viable.
Mapp vs. Ohio (1961)
Police broke into Ms. Mapps house w/o search warrant looking for an immigrant; found obscene material and she was found innocent although she had illegally obtained material in her house. 4thamendment.
Schenck v. United States (1919)
Supreme court decides that any actions taken that present a "clear and present danger" to the public or government isn't allowed, this can limit free speech
Mapp vs Ohio (1961)*
Search and Seizure- You need a warrant and probable cause to search for a specific object. Dolree Mapp was convicted from possessing obscene material after a illegal police search for a fugitive. She claims freedom of expression. The court brushed the First aside, 6-3, saying that "all evidence obtained by search and seizures in violation of the Constitution" is not usable in a court." It basically pushed the Court on determining how and when to apply the "exclusionary rule" for illegal evidence.
Mapp vs. Ohio
Cops came to her house looking for a "fugitive" with a "warrant". Saw obscene material. (pornagraphic material) conviction was dropped because of "warrant" 4th amendment. 1961
Planned Parenthood of Southeastern Pennsylvania Et Al. v. Casey (1992)
Struck down the portions of a Pennsylvania law requiring (1) that a woman seeking an abortion must wait 24 hours between being informed about the procedure and having it preformed and (2) that married women must inform her husband that she planned to have an abortion. Upheld the portion of the law requiring minors to inform their parents before having an abortion.
Warren E. Burger, 1974, Nixon and the Watergate scandal - President's right to executive privilege is not absolute.
United States v. Nixon
Schenck vs. United States
World War 1. Typed up a pamphlet that said to resist the war draft. Amendment one. 1919
United States v EC Knight Co
local manufacturing was out of the scope of interstate commerce regulatory power of Congress
New Jersey v. T.L.O. (1985)
Supreme court case in which it was decided that a student may be searched if there is "reasonable ground" for doing so.
Schenck vs. US (1919)
Freedom of Speech - There can be no law abridging the freedom of speech. In WWI, Schenck mailed circulars to try and convince people to repeal the Conscription act and was charged with conspiracy. The Court ruled 9-0 that the freedom of speech is not protected because the circumstances of people being in danger and obstructing the right that Congress has to protect the people.
Tinker vs. Des Moines School (1969)
-family wore black arm bands while protesting the war
-ruled in accordance with constitution long as it wasnt disruptive
-amendment 1
Regents of university of california v. bakke
a quota-like ban on admission is unconstitutional but "diversity" is a legitimate goal that can be pursued by taking race into account
Grutter v. Bollinger and Gratz v. Bollinger (2003)
Numerical benefits cannot be used to admit minorities into college, but race can be a "plus factor" in making those decisions.
Parents V. Seattle School District
Race may not be used to get people into popular schools.
New York Times vs Sullivan (1964) *
Free Speech- No one can hamper your right to express yourself. Sullivan was the Montgomery city commissioner whom filed suit against a newspaper and black ministers that allegations in the newspaper defamed him. He did this without proof. In a 9-0 ruling, the Court ruled that true and false statements of publication are alright unless they were made with actual malice.
johnson
burned U.S. flag.
Barron v. Baltimore (1833)
Court: Marshall
Category: Federalism/Separation of Powers
Issue: Does the Fifth Amendment deny the states and national government the right to take private property for public use without justly compensating the property's owner?
Decision: The Fifth Amendment denies the national government the right to take private property for public use without justly compensating the property's owner.
Santa Fe Independent School District v. Doe
2000
Brown
Black denied administration to public schools where whites attended/ overturned plessy case
Plessy v. Ferguson (1896)
Court: Fuller
Category: Civil Rights/Racial Equality
Issue: Is Louisiana's law mandating racial segregation on its trains an unconstitutional infringement on both the privileges and immunities and the equal protection clauses of the Fourteenth Amendment?
Decision: The state law is within constitutional boundaries because of the SEPARATE-BUT-EQUAL DOCTRINE, that separate facilities for blacks and whites satisfied the Fourteenth Amendment so long as they were equal (In short, segregation does not in itself constitute unlawful discrimination.)
Miller v Calfornia
-defined obscenity as "patently offensive to contemporary community standards"
- "I know it when i see it"
Lacks:
-Serious
-Literary
-Artistic
or
-Political
-Value
slaps test
US v nixon
is executive privilage ALWAYS protected? no
TLO
accused of smoking in school bathroom and principal searched her purse, she thought it was a violation of her rights; ruled that school didn't violate any amendments; 4th
Gibbons v Ogden
Congress can regulate interstate commerce
Korematsu
Sending Japanese to live on camps, including ancestry
Executive Branch, Executive Order / Art. 2
Smith V. Allwright
Political parties select candidates for public office and therefor cannot exclude races from voting in primary elections.
Miranda v. Arizona (1966)
Established Miranda warnings of counsel and silence. Must be given before questioning
Richmond v. J.A. Croson Co.(1989)
Court: Rehnquist
Category: Civil Rights/Racial Equality
Issue: Did the Richmond law, requiring companies awarded city construction contracts to subcontract 30 percent of their business to minority business enterprises, violate the Equal Protection Clause of the Fourteenth Amendment?
Decision: "Generalized assertions" of past racial discrimination could not justify "rigid" racial quotas for the awarding of public contracts.
Hazelwood v. Kuhlmeier (1988)
[Rehnquist Court]
Censorship, Student Press Rights
The Supreme Court ruled against the students in a 5-3 decision. "A school need not tolerate student speech that is inconsistent with its 'basic educational mission, even though the government could not censor similar speech outside the school." The Court decided that the issues involved in this case differ from those the Court ruled on in Tinker v. Des Moines. Tinker asked whether schools must tolerate certain student speech, while this case questioned whether schools must endorse student speech. The Supreme Court concluded that the First Amendment does not force schools to endorse student speech in their school-sponsored publications. Therefore, as long as the editorial control of school officials was "reasonably related to legitimate pedagogical concerns" such as those mentioned above, it did not offend the First Amendment. Justice Brennan disagreed (Refer to: http://www.streetlaw.org//en/Page.Landmark.Hazelwood.decision.summary.aspx).
Gratz v Bollinger
Affirmative action is still needed today
T.L.O.
Teen is accused of smoking in her schools bathroom, got searched and found out she was selling drugs with a school search, and It was now legal to search in school with a probable cause (Amendment 4)
McCulloch v. Maryland
Congress could establish a national bank
Edwards v. Aguillard
(1987) Teaching creationism in public schools is unconstitutional
Brown v
1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. (14th Amendment)
Gonzales V. Carhart
Federal government can limit certain types of abortion.
Gibbons v. Ogden
Regulating interstate commerce is a power reserved to the federal government
Near v. Minnesota(1931)
Prior restrain would not be allowed except in very narrowly defined circumstances
Schenck v. United States
Schenck mail circulars telling people not to go to war
Lynch v Donnelly
1983. the city governemt- put a traditional nativity scene on private property. Does this establish the government with a religion? Court ruled that it didnt violate the establishment clause because it is a tradition and part of the culture and season
Tinker v. Des Moines
Students wearing black armbands to protest the Vietnam War was symbolic speech protected by the First Amendment.
Wallace v Jaffree
-An alabama law stating the procedure for moments of silence was shown to be for religious purposes and thus unconstitutional
escobedo v illinois
escobedo didnt get a lawyer during interrogation
precedent: gideon v wainwright
United states
nixons men got caught breaking into a apartment. execuative privlage. ruled against nixon and he resigned. articles 2 & 3 1974
Northern Securities Co. v. United States (1904)
[Fuller Court]
Constitutional Principle:
- National power
Why Decision is Important:
- Property rights and economic policy
- Federal suit brought as part of Theodore Roosevelt's trust-busting using Sherman Anti-trust Act
- Court in 5-4 decision ruled that the Northern securities Company was formed only to eliminate competition and ordered it to be dissolved
New Jersey v TLO
Can conduct school searches of students if there is reasonable suspicion
Gault
15 yr old boy made an obscene phone call. Gault was previously on probation and was arrested with no parent notification. Set up due process for juvenile (Amendment 14)
US V. Lopez
The Court held that Congress had exceeded its commerce clause power by prohibiting guns in a school zone.
T.L.O
14 yr old accused of smoking in the bathroom, principal searched her and found shes a drug dealer
Bowers v. Hardwick (1986)
court said constitution did not protect homosexual relations between consenting adults in own homes
Texas v. Johnson(1989)
Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment.
Roper v. Simmons
The execution of minors violates the "cruel and unusual punishment" clause of the eighth amendment, 2005
Lemon vs Kurtzman (1971)*
Establishment Clause - Promotions of one religion over another is unconstitutional. Alton Lemon argued that the Superintendent of Public Instruction reimbursing nonpublic schools for teaching secular subjects and supplemental salary payments or to "church-related educational institutions" was unconstitutional. In an 8-0 vote (one did not participate), the Court ruled that Lemon was right and the laws did violate the Establishment Cause. From there, the "Lemon" test was made, where a three-part test would be put against disagreements in religious establishments and these laws in this case violated the third rule. (Rules: 1. Secular legislative purpose 2. No principal advancement or inhibition of religion and 3. no excessive government entanglement with religion.")
Texas vs. Johnson (1989)
-burned the american flag/ protested on taxes
- didnt burn anybody just flag/ "freedom of expression
-1st amendment
Citizens United v. FEC
Under 1st amendment corporate funding of independent political broadcasts in candidate elections cannot be limited.
Reno v. ACLU
1st amendment denies Act of Congress to censor Internet/banning "indecent" speech as vague
dred scott v. sanford
Supreme Court case that decided US Congress did not have the power to prohibit slavery in federal territories and slaves, as private property, could not be taken away without due process - basically slaves would remain slaves in non-slave states and slaves could not sue because they were not citizens
Everson v. Board of Education (1947)
Court: Vinson
Category: 1st Amendment = Religion
Issue: Did the New Jersey statute (allowing reimbursements of money to parents who sent their children to school on buses operated by the public transportation system, including Catholic schoolchildren) violate the Establishment Clause of the First Amendment as made applicable to the states through the Fourteenth Amendment?
Decision: Services like bussing and police and fire protection for parochial schools are "separate and so indisputably marked off from the religious function" that for the state to provide them would not violate the First Amendment.
Epperson v Arkansas
- schools are allowed to teach about the origins of evolution
buckley v valeo
law set limits on campeign funds and the SC upheld the law
campeign funding is protected speech but personal funds are protected
Brown v Board of Education
Seperate is unequal in schools (desegregates schools)
Schenck vs. United States (1919)
Schenck was against drafting soldiers; it was unaimously agreed that he was found guilty of espoinage act. 1stamendment.
Abrams V. U.S
was a decision of the United States Supreme Court involving the 1918 Amendment to the Espionage Act of 1917, which made it a criminal offense to urge curtailment of production of the materials necessary to the war against Germany with intent to hinder the progress of the war.
Berghuis v. Thompkins
(2010) The right to remain silent does not exist unless the suspect invokes it
Marybury V. Madison
court case that gave the power to abolish legislative acts by declaring them unconstitutional. Judicial Review
Boumadiene vs Bush (2008)
The Privilege of Habeas Corpus, can't be suspended unless public safety is an issue. Lakhdar Boumediene and 5 other Algerian natives were thought of combatants in the war on terror. Congress than passed the Military Commissions Act of 2006 which eliminates the necessity to hear habeas to combatants who are enemy combatants. In a 5-4 to decision, the Court ruled that the MCA is an unconstitutional suspension of habeas writ. Detainees can still seek habeas corpus.
US V. Leon
Establishes Good Faith test as long as it doesn't interfere with Mapp Precedent.
Texas v. Johnson (1989)
Burning the flag is a protected form of symbolic speech
everson v board of education
1950s. county funded school bussing to both secular and parochial schools. establish religion? public funding for bussing to all school didnt violate the first amendment establishment of religion clause
Lawrence v. Texas (2003)
State law may not ban sexual relations between same-sex partners.
Hazelwood v. Kuhlmeier (1988)
girl wrote story in school paper about teen pregnancy, said that getting it removed was unfair because of prior restraint, court said that it could be removed because schools can have prior restraint
Brown v. Board of Education 1954
seperate public schools are inherently unequal, thus starting racial desegregation, 1954
Kennedy v. Louisiana
(2008) A sentence of death may not be imposed for the crime of rape, when the victim did not die and death was not intended
Webster vs Reproductive Health Services
Due Process- States cannot deprive any person of life-liberty, or property without a proper trial. Missouri enacted laws that required that all Missouri state laws be put onto unborn children with limits, prohibited government-employed doctors to abort a viable fetus, prohibited the use of state-employees or facilities to perform or assist abortions, and prohibited the use of public funds, employees or facilities to abort a woman unless her wife was in danger. The court said that these laws were unconstitutional. The Supreme Court ruled that there was nothing really unconstitutional and that testing for viability after 20 weeks of pregnancy were constitutional
Miranda V. AZ
Lists the rights that must be read to arrested persons.
Edward D. White, 1919, Espionage Act - Ruled that the act did not violate the 1st Amendment because speech encouraging insuboordination isn't protected. Held that the conviction of Schenck for distributing anti-war materials was constitutional.
Schenck v. United States
Tinker v Des Moines ISD
1969. Freedom to wear black armband to school. First amendment speech-symbolic
Buckley v. Valeo (1976)
a case in which the Supreme Court of the United States upheld federal limits on campaign contributions and ruled that spending money to influence elections is a form of constitutionally protected free speech. The court also stated candidates can give unlimited amounts of money to their own campaigns.
Gitlow vs New York (1925)*
1st - Laws cannot be passed against freedom of speech. 14th - The Bill of Rights are privileges the citizens have and thus cannot be violated. A socialist named Gitlow was arrested for distributing copies of a manifesto that called for socialism. Gitlow argued that there was no damage done, The Court decided that though it was true states had to follow the Bill of Rights that were given to the citizens, should there be any action dangerous to public security or fall under the dangerous tendency test, then the state has a right to prohibit the speech and publication.
Brown vs. Board of Education of Topeka, Kansas (1954)
-african american teenager trying to get in roled in all white school went everyday but keep getting denied.
-overturned plessy vs. Ferguson case/ unanonymous
-article 2
Green v. County School Board of New Kent County (1968)
Banned a freedom-of-choice plan for integrating schools, suggesting that blacks and whites must actually attend racially mixed schools.
Rasul V. Bush and Hamdi V. Rumsfeld
If a terrorist detainee is held legally, they have access to a neutral court.
New Jersey vs. T.L.O (1985)
- 14 yr old accused for smoking in the bathroom and teacher wanted to search her but she said have to have a search warnt
- in schools can search students
-4th amendment
Grutter v. Bollinger
2003
Scott
slave that sued for his freedom
Loving v Virginia
Interracial Marriage is allowed
Board of Education of Independent School District #92 of Pottawatomie County v. Earls
2002
Gratz v. Bollinger (2003)
Court: Rehnquist
Category: Civil Rights/Racial Equality
Issue: Does the University of Michigan's use of racial preferences in undergraduate admissions violate the Equal Protection Clause of the Fourteenth Amendment or Title VI of the Civil Rights Act of 1964?
Decision: The University of Michigan's use of racial preferences in undergraduate admissions violates both the Equal Protection Clause and Title VI because the automatic distribution of 20 points to every single "underrepresented minority" applicant solely because of race was not narrowly tailored.
US v Morrison
-invalidated enforcement of "Violence Against Women Act"(VAWA)
-congress does not have the power through the commerce clause to constitute such a law
lemon v kurtzman
lemon test
1. secular pourpose
2. neither advancement or inhibition of religion
3. no excessive govt entanglement
Buckley V. Valeo
Laws limiting contributions to political campaigns are constitutional. No personal spending restrictions.
Swann v.
Charlotte-Mecklenburg Board of Education (1971)
Court: Burger
Category: Civil Rights/Racial Equality
Issue: Were federal courts constitutionally authorized to oversee and produce remedies for state-imposed segregation?
Decision: After violations of mandates for desegregating schools, district courts' powers were broad and flexible. Remedial plans were to be judged by their effectiveness, and the use of mathematical ratios or QUOTAS WERE LEGITIMATE "STARTING POINTS" FOR SOLUTIONS.
Cooper v Aaron
supremacy clause, governors and state legislators are to uphold Supreme Court decisions
Watkins v. United States (1957)
[Warren Court]
Constitutional Principle:
- Civil liberties
Why Decision is Important:
- Ruled that the House Un-American Activities Committee (HUAC) could not punish at will those witness who refused to cooperate
Hazelwood v. Kuhlmeier
Public schools can censor student publications
Reno v. ACLU (1997)
Communications Decency Act (certain sites can be blocked and libraries must be filtered) was determined unconstitutional because it was too general.
Dred Scott v. Sanford(1857)
Outlawed Missouri Compromise. Denial of slavery was a 5th amendment property violation. Blacks were NOT citizens
Roth v. United States
Obscenity, first amendment protects only speech with some kind of redeeming social importance, 1957
Lemon V. Kurtzman
Established three part test for religion and government
US v. Nixon
Nixon had no unqualified priviledge giving him immunity from answering a supoena in a criminal case.
Abington School District v. Schemp (1962)
Court: Warren
Category: First Amendment = Religion
Issue: Did the Pennsylvania law and Abington's policy, requiring public school students to participate in classroom religious exercises, violate the religious freedom of students as protected by the First and Fourteenth Amendments?
Decision: The required activities encroached on both the Free Exercise Clause and the Establishment Clause of the First Amendment since the readings and recitations were essentially religious ceremonies and were "intended by the State to be so."
West Virginia v. Barnette
The West Virginia Board's policy requiring students and teachers to recite the Pledge of Allegiance was unconstitutional.
Lochner v. New York (1905)
[Fuller Court]
Constitutional Principle:
- Property rights and economic policy
- Civil liberties
Why Decision is Important:
- Established that the Supreme Court has the power to oversee state regulations
- Ruled hat a New York law limiting baker's hours was unconstitutional because it interfered with workers' Fourteenth Amendment right to sell their labor to their employers
Korematsu V. U.S
1944 Supreme Court case where the Supreme Court upheld the order providing for the relocation of Japanese Americans to camps. It was not until 1988 that Congress formally apologized and agreed to pay $20,000 to each survivor
Marbury v. Madison(1803)
Under Chief Justice John Marshall, the Supreme Court of the United States held that ONLY the Supreme Court of the United States has the power to declare laws unconstitutional.
Clinton vs NY (1998)
Presentment Clause - There are specific proceedings in which a bill can become a law. In New York, two hospital associations, challenged the "Line Veto Act" where President Clinton vetoed certain provisions. The second time was when the President vetoed a certain provision of the Taxpayer Relief Act of 1997. The Court 6-3, that the Line Item Veto Act would mean the President could amend laws before him which was not the original intent of the constitution.
Lee V Weisman
Clergy may not lead prayer at graduation ceremonies.
Gibbons v. Oregon
Could NY regulate steam boat traffic between NY and NJ? No, because only congress can regulate interstate commerce and steamboat = interstate commerce.
Craig v. Boren (1976)
A "medium scrutiny" standard would be used for determining gender discrimination
Clinton v. New York City (1998)
Court: Rehnquist
Issue: Did the President's ability to selectively cancel individual portions of bills, under the Line Item Veto Act, violate the Presentment Clause of Article I?
Decision: Under the Presentment Clause, legislation that passes both Houses of Congress must either be entirely approved (i.e. signed) or rejected (i.e. vetoed) by the President. NO LINE ITEM VETO
Schenck v United States (1919)
Charles Schenck was arrested for violating the Espionage Act. The Espionage Act made it illegal to defame the government or do anything that might retard the war effort. Schenck, a member of the socialist party, opposed the war and printed and distributed pamphlets urging citizens to oppose the draft which he likened to slaver. Schneck claimed his first amendment rights were violated.
Tinker v Des Moines
-if student speech doesnt cause a substantial disruption to the learning environment, it is protected free speech
In Re Debs
Upheld right for the gov't to halt union strikes
Swann vs. Charlotte-Mecklenburg Board of Education (1971)
14,000 black students; the school system wanted to bus white students to black schools to "integrate the school up a lil' bit"
Sheppard v. Maxwell
too much publicity may lead to an unfair trial
Escobedo v. Illinois
(1964) A person in police custody has the right to speak to an attorney
McCulloch vs Maryland (1819)*
Congress has the power to collect taxes and make all laws necessary to carry into execution all powers vested into Congress. . Congress, in 1816, made the Second Band of the US. James McCulloch, the cashier of the Baltimore branch of the bank refused to pay the tax. The Court ruled, 7-0, Maryland could not tax instrumentals of the national government employed in the execution of constitutional powers.
In re Gault (1967)
-15 ys old teenager saying abseen things. didnt call his paretntswhen arrested
-ruled court preceding didnt comple with condue process
-amendment 5 & 14
Scott v. Sandford (1857)
Declared that slaves were property and that slaveholders could take them anywhere, without risk of the slaves being freed. Ruled that African Americans were not citizens. Also declared that the Missouri Compromise unconstitutional; this decision was overturned by the 13th and 14th Amendment
Westside Community Schools v. Mergens
Establishment Clause. Court ruled in favor of forming a religious club because of the Equal Access Act.
Weeks v. united states
Case dealing with the rights of the accused. Reversed conviction and came forth with the exclusionary rule which says that evidence obtained by the federal government through an unreasonable search and seizure cannot be used in a federal court
Planned Parenthood v. Casey (1992)
states can regulate abortion; but not with regulations that impose "undue burden" upon women; did not overturn Roe v. Wade
New York Times v US
Pentagon Papers; there is no prior restraint
Griswold v. Connecticut (1965)
found a "right to privacy" in the Constitution that would ban any state law against selling contraceptives
Planned Parenthood v. Casey 1992
Reaffirmed Roe v. Wade but upheld certain limits on its use, 1992
Miller vs California (1972)
Freedom of Speech-No one can take away your right to express yourself. Miller was advertising the sale of adult material and some recipients complained to the police. In a 5-4 decision, the Court ruled that the obscene materials did not enjoy first amendment protection. This created the Miller Test which was 1. Whether the average person would find the work, taken as a whole appeal to the prurient interest. 2. Whether the work depicts/describes, in a patently offensive way, sexual conduct. 3. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value. (Obscene = all 3)
Kyllo v. US
When the gov't uses a device not in general public use to explore details of the home previously unknown (without physical intrusion), the surveillance is a 'search' and unreasonable without a warrant
tinker v. des moines school district
applied to public schools, and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom (created the Tinker Test)
Board of Education v Earls
Schools have a right to drug test their students
NY Times vs US (1971)
Free Speech- People have the right to publish articles without laws restricting them. The Nixon administration tried to prevent the New York Times from publishing materials to a Defense Department study regarding Vietnam to protect national security. The Court Ruled 6-1 that this was violating the First Amendment since the government did not overcome the "heavy presumption against" before restraining the press. In other words, they did not have heavy presumption of causes happening afterwards.
Engel vs. Vitale (1962)
RELIGION. parents of 2 in NY they have to pray everyday in school & Engel claimed in violated in 1st amendment by religon
-6-1 violated the 1st amendment
-1st amendment
Dred Scott vs. Sanford (1857
Slave was freed, he went back to the land were he was held in slavery to "test the system" and was sued because he wasn't freed in that territory. Article3.
New York Times Co. v. United States (1971)
Gave the media more power against governmental secrecy.
Sims
2nd Reapportionment Case. Alabama district out of whack. Tried to solve, no one likes lines.
Equality Lines weren't Equal / Amend. 14 "Equal Protection Clause"
Mapp v. Ohio(1961)
Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism.
Escobedo v. Illinois (1964)
Court: Warren
Category: Due Process/Rights of the Accused
Issue: Was Escobedo denied the right to counsel as guaranteed by the Sixth Amendment?
Decision: Escobedo had not been adequately informed of his consitutitonal right to remain silent rather than to be forced to incriminate himself. The case has lost authority.
Miranda v. Arizona (1966)
[Warren Court]
Self-Incrimination, Due Process
Constitutional Principle:
- Criminal procedures
- Civil liberties
Why decision is Important:
- Established the requirement to inform people accused of crimes that they have the right to remain silent and receive legal representation before they say anything that can be held against them in court
Bradenburg V. Ohio
protected freedom of speech politically; KKK member can say whatever he wants as long as there is no clear and present danger
McCoulloch
was a federal banker that the state taxed
Citizens United v.
Federal Elections Commission (2010)
Court: Roberts
Category: Gerrymandering/Political Process
Issue: Did the Supreme Court's decision in McConnell v. FEC resolve all constitutional as-applied challenges to the BCRA when it upheld the disclosure requirements of the statute as constitutional? Do the BCRA's disclosure requirements impose an unconstitutional burden because they are protected "political speech"? If a communication lacks a clear plea to vote for or against a particular candidate, is it subject to regulation under the BCRA? Should a feature length documentary about a candidate for political office be treated like the advertisements at issue in McConnell v. FEC and therefore be subject to regulation under the BCRA?
Decision: Under the First Amendment corporate funding of independent political broadcasts in candidate elections cannot be limited. The BCRA's disclosure requirements as applied to documentaries were constitutional because they gives the electorate information on election spending. The Supreme Court overruled portions of McConnell v. FEC. GAVE CORPORATIONS FIRST AMENDMENT RIGHTS
New Jersey
14 year old smoking in bathroom principle tried to search the drug dealer. in favor of schools you can be searched amendment #4 1985
Engel v. Vitale (1962)
[Warren Court]
Constitutional Principle:
- Civil liberties
Why Decision is Important:
- Reinforced the separation of church and state
- Ruled that use of the public schools to encourage prayer or other religious practices is a direct violation of the establishment clause
Engle V. Vitale
protected freedom of religion, schools shouldn't make students pray; school tries to have denominational neutral prayer, but Supreme Court still says it violates freedom of religion
Reynolds v. Sims(1964)
supreme court case saying legislatures should represent people not trees or acres
Texas vs. Johnson
Burned the American flag. Supreme court ruled in favor of him. 1st amendment. 1989
Palko V. Connecticut
Fundamental Liberties must be observed by states.
John Marshall, 1803, "midnight judges" - First decision to declare an act passed by Congress unconstitutional and void. Established judicial review.
Marbury v. Madison
Shaw v. Reno (1993)
no racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries
engel v vitale
1960s. state law that mandated daily prayers in all schools in NY. Establishes a religion
Plessy v. Ferguson 1896
ruled that separate but equal facilities for african americans are constitutional
United States v. Nixon (1974)
[Burger Court]
Watergate, Checks and Balances
Constitutional Principle:
- Separation of powers
Why Decision is Important:
- Limited the President's right to confidentiality
- Gave federal courts the right to decide when and how that confidentiality should be limited
Rostker v. Goldberg (1981)
Congress can draft men without drafting women.
Miller V. Johnson
A person cannot be arrested lawfully if officers break in without giving notice of their authority and purpose; Supreme Court said arrest of a person who was broke in on that evidence inadmissable and conviction were reversed.
Wallace v. Jaffree(1985)
state laws permitting prayer in public schools cant overide federal law or supreme court decisions. a moment of silence is acceptable, but no forced prayer
Gonzales vs Carhart (2007)
Planned Parent v. Casey (undue burden), and 5th- Personal liberty is granted to all people no matter the circumstances unless it involves public safety or in times of war. Congress passed the Partial-Birth Abortion Ban Act which says abortion is prohibited when "the entire fetal head...or...any part of the fetal trunk is past the navel and is outside the body. Dr. Carhart said that is a unconstitutional act because it does not have an exception for abortion to protect the health of the mother. In a 5-4 the Court ruled that the ban was not constitutionally vague and didn't put an undue burden and only applied to the "intact D&E" procedure not to the normal D&E.
Planned Parenthood V. Casey
Limited use of roe v. wade.
Mapp v Ohio (1961)
Upheld the principle that evidence found illegally could not be used against a criminal. Clarified the need for search warrants and the use of the exclusionary rule.
Gonzalez v. Raich
Congress can prohibit the use of medical marijuana or the recreational use because it's supreme to a state law- any law the state makes, Congress may tump
Earl Warren, 1963, 6th and 14th Amendment rights - Protected the rights of accused criminals and extended the guarantees in the Bill of Rights to state actions.
Gideon v. Wainwright
Gideon v. Wainright (1963)
Ordered states to provide lawyers for those unable to afford them in criminal proceedings
Abington Township vs. Schempp
Daily Bible reading in school. kids had to read 10 verses everyday at school. Pennsylvania. Ruled to remove Bible reading. 1st amendment. Establishment clause. 1963
Heart of Atlanta Motel v US
can't discriminate based on race
United States v. Nixon(1974)
States that the President can't claim executive privilege to withhold evidence in a criminal investigation.
Hustler Magazine v. Falwell
Public figures must prove malice in libel suits, 1988
Griswold vs Connecticut (1965)*
Right to Privacy in Marital relations from these amendments (Implied). Griswold and the Medical Director of the Planned Parenthood League gave advice for birth control. Connecticut law criminalized them for counseling for purposes of preventing conception. In a 7-2 decision, the Court ruled that the various amendments create a right to privacy act for marital relationships. The Connecticut is in conflict and thus voided.
Miranda vs. Arizona
Kidnap & rape. right to an attorney. the guy talked alot (didn't know his rights to be quiet) 5 to 4 in his favor. removed to lower court. 5th amendment. 1966
Goss v. Lopez
Public school students have a right to a hearing if they are suspended with Due Process.
In Re Debs (1895)
Reinforced the right of Congress to regulate interstate commerce extends to the commerce that is conducted by railroad and highway. Ruled that the federal government has the right to intervene forcibly to eliminate monopolies in transportation of people, property, and mail.
New York Times v. United States
The government must review all information given to the press, but cannot withdraw or restrict that information once given to the press.
Gibbons v Ogden (1824)
Ogden held a New York State license allowing him to operate a ferry across the Hudson between New York and New Jersey. Gibbons received a Federal license and claimed that his license superseded that of Ogden.
Casey v Planned Parenthood
A wife does not need a husbands consent to get a abortion, minors however need parent consent
Regents of California V. Bakke
affirmative action is okay but quota system is not okay. Guy was applying for med school but denied because spot was reserved for minorities even though he exceeded them. this is not okay.
Hazelwood School District v. Kuhlmeier
Schools can edit content of student publications, 1988
McCulloh vs. Maryland (1819)
-feredal bank teller & the state wonts to tax banks
-unanonymous/ implied power
-article 6
Vernonia School District v. Acton
Random drug testing of athletes does not violate the search and seizure clause of the fourth amendment
New Jersey v T.L.O.
a girl was suspected of smoking in the bathroom with her friend, when she was confronted she denied but her friend confessed. To find out the truth they searched her bag they found the cigarettes but while looking for them they found illegal drugs and names that proved she was dealing them. the court ruled it was constitutional for the school to search her stuff because of local parenti which means that when children are at school the teachers take the role of parents. (4th amendment, student rights, school rights, and privacy)
Swann vs. Charlotte Board of Education
Mostly black kids went to these schools because mostly black people lived near the schools. Ruled to create bus routes. 14th amendment. 1971
New Jersey . T.L.O. (1985)
Ruled that juveniles have the right to the same protection as adults against illegal search and seizure. More clearly defined what constituted a legal search and seizure.
Safford Middle School v Redding 2009
students may not be strip searched at school without appropriate guidelines and probable cause; 4th
Swann V. Charlotte Mecklenberg Board of Education
allowed the use of busing to eliminate de jure segregation.
Lawrence and Garner v. Texas / Lawrence v. Texas
The Court ruled that a Texas statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct violates the Due Process Clause. Lawrence and Garner were free as adults to engage in their private conduct "without intervention of the government."
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