S. Supreme Court Cases Flashcards

Terms Definitions
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Worchester vs. Georgia
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Gitlow v. United States
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roe v wade
legalized abortion
Marbury v. Madison (1803)
judicial review
Miranda vs Arizona (1966)
"Miranda Rights"
US v Butler (1936)
Constitutional Issue:
Background:
Decision:
Impact:
Texas v. Johnson (1989)
flag burning legal
Gratz v. Bollinger (2003)
~Affirmative Action~
Racial preferences in undergraduate admissions violated both the Equal Protection Clause and Title VI. The University went too far in its consideration of race.
lawrence v texas (2003)
can't outlaw homosexuality
dred
slave thought free, then still slave
Gov. George Wallace
segregation now, segregation tomorrow, segregation forever of alabama
Cherokee vs. Nation
determined that Native Americans aren't bound by U.S. law on reservations (yay indian casinos?)
Miller vs. California
Date/Era: 1973, Burger Court
Court's Ruling: Reiterated that obscenity (defined with Miller test) is not protected by the First Amendment
Court's Vote: 5-4
Key Rights/Liberties: Freedom of speech and freedom of the press
Other Interesting Information: Established the Miller test for what counts as obscene material, led to a conservative anti-pornography crackdown during the 70s and 80s
NYT v. Sullivan
public figures must prove mallice
Vernonia V. Acton
1985. vernonia students participated in illegal drug use. authorized random urinalysis drug tests. random drug test did not violate the reasonable search and seizure clause. students subject to more control. the safety of minors overrides minimal privacy intrusion
Marbury v. Madison
Supreme Court claimed its constitutional right to declare acts of legislative and executive branches unconstitutional; gave Supreme Court power of Judicial Review
wesberry v sanders
Congreesional districts must be roughly equal in population.
Morgan v VA
supreme court declared that segregation on all interstate buses was an undue burden on interstate commerce. 1946
Roe v. Wade (1973)
Established national abortion guidelines; trimester guidelines; no state interference in 1st, state may regulate to protect health of mother in 2nd, state may regulate to protect health of unborn child in 3rd. Inferred from right of privacy established in Griswald v. Connecticut.
Schenck v. U.S.
Radicals and the 1st Amendment
Tinker
spoke out about vietnam war; suspended from school
US v. Lopez(1995)
Issue: Federalism and Commerce Clause
Decision: Congress does not have the power to prohibit guns in an area around a school under the Commerce Clause; gun regulation in this sense is a funciton of the states or local governments.
Lemon v. Krutzman
church school aid- no entanglement
Brown v. Board of Education
School segregation was unconstitutional because it violated 14th amendment - equal protection act- ended legal segregation in the US
Texas v. Johnson
Law prohibiting burning of the American flag is unconstitutional as violating the First Amendment
Gibbons v. Ogden
(1824) Interpreted Congress's right to regulate interstate commerce to include all forms of business, not just the exchange of goods.
Hammer v. Dagenhart
(1918). Declared the Keating-Owen Act (a child labor act) unconstitutional on the grounds that it was an invasion of state authority.
Mapp v Ohio
Due process/ Rights of the Accused
Were Mapp's confiscated materials protected by the free speech and/ or search and seizure?
Doesn't matter, evidence was gotten without a warrant so they cannot be used.
Shelley v. Kraemer
Private agreements don't violate the fourteenth amendment, but it is a violation of the equal protection clause for states to enforce them
McCulloch v. Maryland
Supremacy Clause. Ruled that the Federal government has power over the states. Said that the Establishment of the Second National Bank was under the Necessary and Proper Clause
Edwards v. Aguillard (1987)
held that Louisiana's "Balanced Treatment" law requiring schools to that taught Darwinian Theory of evolution to also teach creation science was a violation of the establishment of clause of the 1st Amendment.
Wolf V. Colorado
Preformed abortions when abortion was considered illegal. Believed evidence was collected illegally. 14th Amendment does not limit the use of illegally obtained evidence
Milliken v. Bradley
1974. limited the Swan case. encouraged White flight.Could the court impose desegregation outside of Detroit area. SC: said that i dunno. Opinion: Burger. Dissenting: Douglas. Had to do with Equal Protection clause.
Roe v. Wade
(1973) State laws against abortion were unconstitutional
Lemon v. Kurtzman
Three tests whether government is improperly involved with religion. "Lemon laws"
Gideon v Wainwright
all defendants in serious criminal trials were entitled to legal counsel
Korematsu v US:
9066- executive order. all japanese americans were put into internment camps. Government had sold all of korematsues stuff when he got out of camp. K sued no equal protection (14th), (5th) due process and property. SC sided with government, any actions to keep nation safe during war.
swann v charlotte-mecklenburg
whether forced busing and a restructured school system are methods of complying with intergration demands set forth in brown
Pointer v Texas
incorporated the 6th amendment's right to confrontation of witnesses (1965)
McCulloch v Maryland
Congress has implied powers: national government is supreme over state government
brown
to go to a white school; over-turned Plessy vs Ferguson
Sweatt v. Painter
blacks and "separate but equal" education. The Supreme Court struck down a Texas law that restricted the University of Texas to white students only, even though the state had set up a separate law school for African American students (Gilder Lehrman Institute).
People v. Flint
politicians can be criticized in magazines
Mapp
Cops had a fake search warrant looking for a fugative & found porn in her house. (1961) Courts obtained the materials illegally. 4th amendment
Brown vs. board of education(1954)
school segragation, equal protection
Gitlow v. New York(1925)
Issue: Freedom of Speech
Decision: The First Amendment freedom of speech protection is incorporated/ applied to the states through the Fourteenth Amendment; incorporation doctrine. gitlow had advocated for the overthrow of the government
Schenck v. United States
prevent speech for clear danger
States must guarantee the defendant's 6th amendment right to a jury trial in criminal cases. 1968
Duncan v. Louisiana
Engle v Vitale
Mandatory prayer in schools is a violation of the establishment clause
Schenck v US (1919)
Congress may restrict speech that creates a "clear and present danger"
Baker v Carr
one person one vote - state elections
Gibbons vs. Ogden (1824)
decision expanded the Commerce Clause to include almost any interstate business activity
Reno v. ACLU (1997)
the Supreme Court invalidated a federal law passed to protect minors from indecent and patently offensive communications on the Internet
Schneck v. US
Court ruled 1st amendment freedom of speech did not apply in this case because the US was at war; speech posing a "clear and present danger" is illegal. The case did protect all of other speech, even that which might be considered offensive to some, "freedom for the thought we hate," 1919
Furman v. Georgia (1972)
Ruled the capital punishment (death penalty) was "cruel and unusual" until the laws were rewritten
US v. Nixon
Ruled that the President has no "executive privilege" of witholding evidence from court if they are criminal proceedings
Miranda v. Arizona
"Right to remain silent" Rights read when you get arrested.
Reynolds vs. Sims
1964; 14th amendment; 1 person, 1 vote; 8-1: had to redraw district lines
US v. Lopez
Case that regulated carrying of guns on school property. Congress does not have the right to regulate this under the commerce clause.
Dred Scott v. Sandford
(1857) Dual federalism idea; MO Compromise unconstitutional, federal government can't ban slavery in the terroritories
Rostker v. Goldberg
(1981) Congress can draft men without drafting women
Miami Herald v. Tornillo
Even though fairness doctrine was cited, you can't tell a paper what they can and cannot print.
Tinker V. Des Moines
Black Armbands protesting Vietnam War ok because of freedom of expression and free speech
Terry v Ohio
(1968) police can search and seize with probable cause
Plessy v. Ferguson
(1896) This famous case laid the groundwork for the "separate but equal doctrine" that limited the rights of minorities for decades.
What is the state required to provide you in a court case according to Gideon vs. Wainwright?
An attorney.
Clinton v New York
the line-item veto is unconstitutional because it gives powers to the president denied him by the Constitution (1998)
Roe vs. Wade
Supreme Court lays down what states can and cannot control in regards to abortion
Hustler Magazine v. Falwell
parodies are protected speech, Public figures must prove malice in libel suits
Bush V Gore
Stopped Ballot counts in Florida and effectively made Bush the President
Engel v. Vitale (1961) Warren
Does reading nondenominational prayer violate the establishment clause? Yes, officially approves religion
United States v. Nixon (1974)
"Executive privilege" subordinate to "due process" and "administration of criminal justice" procedures
Escobedo v. Illinois
defendant must have an attorney as soon as the investigation begins
Worcester v. Georgia, 1831
Court ruled that Native American nations had the same status as the federal government because they could make treaties. As a result, the laws of the state of Georgia were null and void with regards to the Cherokee Nation.
Georgia and President Jackson refused to honor the decision and removed the Cherokees from their land anyway.
Grutter v. Bollinger (2003)
University of Michigan Law School admissions program that gave special consideration for being a certain racial minority did not violate the Fourteenth Amendment.
Turner Broadcasting v FCC
Cable companies can't be forced to carry certain channels
Marbury v Madison (1803)
Supreme Court first asserted the power of judicial review in finding that a congressional statute extending the Court's original jurisdiction was unconstitutional
Fletcher v. Peck
The decision stems from the Yazoo land cases, 1803, and upholds the sanctity of contracts.
Cherokee Nation v. Georgia
"The conditions of the Indians in relation to the United States is perhaps unlike that of any two people in existence," Chief Justice John Marshall wrote, "their relation to the United States resembles that of a ward to his guardian. . .(they were a) domestic dependent nation." Established a "trust relationship" with the tribes directly under federal authority.
Engel v. Vitale
Prayer in schools is a 1st amendment violation of the establishment clause
Gideon v. Wainwright (1963)
States must provide counsel for those that cannot afford it
U.S. v. Lopez
1995, the court held that congress had exceeded its powers by prohibiting guns in a school zone.
McCulloch vs. Maryland
1819; banker in MD; tax fed. bank; Maryland won
Printz v. US (1997)
The Court incalidated a federal law that required local police to conduct background checks on all gun purchasers. The Court ruled that the law violated the 10th amendment by commandeering state government to carry out a federal regulatory program.Using the Necessary and Proper Clause of Article I as justification, Congress CAN NOT require state officials to regulate handgun purchases by performing those duties called for by the Brady Bill's handgun applicant background-checks?
Red Lion v FCC
The broadcoast media has less freedoms than that of the print media
Clinton vs. NY
[email protected]#$ sued twice for different uses of Line-item veto • Decision: Line-item veto illegal • President must either sign or veto a bill • Vetoing a part allows him to amend the bill
New York Times v. United States
Supreme court case: Government attempted to censor information about the Vietnam War, Pentagon Papers case, the Supreme Court ruled that the government did not have the right to prevent the New York Times from printing information about the history of the country's involvement in the Vietnam War. Supreme Court overturned the initial decesion.
1915 Guinn v. United States
outlaws literacy tests and grandfather clause for federal elections
- court ruled "the grandfather clauses in the Maryland and Oklahoma constitutions to be repugnant to the Fifteenth Amendment and therefore null and void."
- also affected similar clauses in Alabama, Georgia, Louisiana, North Carolina, and Virginia
Lawrence v. Texas
2 consenting adults in the privacy of their own homes are protected from any laws regarding sexual behaviors
Buckley v. Valeo
1976- Upheld Free speech but in this chapter its significance is that political spending represents an exercise of constitutionally protected free speech
Dred Scott vs. Stanford (1857)
Slaves were classified as property. this case fueled the flames which begun the Civil War and led to a series of "Jim Crow" laws in the south
Lanzetta v. New Jersey
Statutes limiting speech need to give "fair warning" and create standards for enforcement. Created the vagueness and over breadth limitations on statutes attempting to curtail free speech.
Korematsu v. U. S. (1941)
The court upheld the constitutionality of detention camps for Japanese-Americans during World War 2.
Sable Communication v. Federal Communications Commission
forms of interstate communication can be indecent, but not obscene
Dartmouth College v Woodward
1819 (contracts and state laws) In 1816 the state legislature of New Hampwhire took over Dartmouth College. The board of trustees sued to regain control. Supreme Court ruled the original charter was within the meaning of the contract clause of the constitution. The charter of a private corporation was protected by the Constitution and could not be altered by the people thru their legislature.
Jones v. Alfred H. Mayer Co.
The federal government may prohibit discrimination in housing by private parties under the Civil Rights Act of 1968
Gitlow v. NY, 1925
the first time the Supreme Court said that the 1st Amendment applied to the States (Communist leaflets)
right to counsel. The court throws out the confession of a man whose requests to have his attorney present during police interrogation were denied (Gilder Lehrman Institute).
Escobedo v. Illinois (1964)
Boy Scouts of America v. Dale
banned homosexuals form being troop leaders
Gitlow v. New York
the freedoms of press and speech are fundamental personal rights and liberties protected by the due process clause of the 14th Amendment from impairment by the states as well as federal government
US v. Curtiss-Wright Export Corp
1936. Curtis Wright was charged w/ selling 15 machines to Bolivia. This violated Joint Resolution and a proclamation issued by FDR. SC: no constitutional violation. Gave prez the authority to put an embargo as long as it prevents war. Opinion: Sutherland. Dissenting: McReynolds. Overall, this gave Prez authority in foreign affairs and unchecked power to the prez (FDR)
Tinker v. Des Moines School District
Students wearing black armbands to school established the 1st Amendment right of "Symbolic speech"
gitlow v. ny 1925
state leval has the right to enforce federal laws
Shaw v. Reno
The Court ruled that although it was a legitimate goal for state legislatures to take race into account when they draw electoral districts in order ot increase the voting strength of minorities, they may not make race the sole reason for drawing district lines.
NLRB v Jones and Laughlin Steel Co.
broadly interpreted Congress' commerce power to apply to activities that could effect interstate commerce (1937)
Dred Scott v. Sanford
Slaves have no rights, they were not citizens. Slaves are property.
Gibbons vs Ogden (1824)
The key issue was can a state government grant commercial rights that conflict with federal law. The larger significance is that the power to regulate interstate commerce rests with the Federal government. The Court's decision in Gibbons vs Ogden secure the concept of a national common market and prevents states from impending commerce that market and further supported the Supremacy doctrine of the federal government
United States v EC Knight Company
Decision under Sherman Anti-Trust Act shot down by Supreme Court; Sugar refining was manufacturing rather than trade/commerce
Reed v. Reed
For the first time, upheld a claim of gender discrimination
New York Times Co. v. Sullivan(1964)
Issue: Freedom of the Press
Decision: Public figures are bound by a higher standard in libel cases than ordinary citizens; they not only have to show that what was printed was false, but that the media knew it was false and published it anyway showing complete disregard for the truth.
New Jersey v. TLO
Supreme court case in which it was decided that a student may be searched if there is "reasonable ground" for doing so.
New York times v. Sullivan
Public figures are bound by a higher standard in libel cases than ordinary citizens are; they not only have to show that what was printed was false, but that the media knew it was false and published it anyway showing complete disregard for the truth.
Clinton v. New York City
Held that Congress lacked the power to give the President a line-item veto.
Everson V. Board of Education
1947. money to parents who sent their children to school on bus. services like bussing are separate from religious function.
Swann. v Charlotte Mecklenburg Board of Edu
1970. in North carolina there were still some schools that did not desegregate. SC:unanomous. came up with some solutions to right past wrongs: quotas, look at one race schools, and busing can't be regulated. Opinion: burger
FDA v. brown and williamson tobacco corp. 1986
FDA oversteppeed boundries trying to regulate tobacco...not considered a drug yet
Harper v. Virginia Board of Elections
(1966) Poll taxes were made illegal for state elections, as they violated the Equal Protection clause of the Fourteenth Amendment.
Gitlow vs. New York (1925)
The Supreme court began to expand the protection of the Bill of Rights by arguing that it applied to states as well.
Greg v Georgia (1975) Burger
Does the death penalty violate the 8th and 14th amendment?
No, because it is a deterrent from crime.
Kelo v. City of New London
(2005) Upheld power of a local government to seize property for economic development purposes
Pierce v Society of sisters
Children to not HAVE to go to public schools as opposed to private schools
United States vs. Wong Kim Ark (1898)
Affirms citizenship to those born on U.S. soil regardless of race or parentage
U.S. v. E. C. Knight Co.
Due to a narrow interpretation of the Sherman Anti-Trust Act, the Court undermined the authority of the federal government to act against monopolies.
Hamdi v. Rumsfeld and Rasul v. Bush (2004)
Guatanamo Bay U.S. citizen detainee must be allowed the right to a trial
Mapp vs. Ohio Visual
You have to have a warrant to search a house.
Brown v. Board of Education of Topeka (1954)
the 'separate but equal' doctrine as it applies to public education is unconstitutional; separate schools are inherently unequal (declared de jure segregation of public schools unconstitutional)
S vs. Charlotte Meck. board of directors
after brown vs. Board court case it was decided nothing had really changed. seeing that desegregation has not really happened. School were desegregated 14th amendment
Ali v U.S. (actually known as Clay v. US)
Boxer Muhammad Ali (whose real name is Cassius Clay) didn't have to go to fight in Vietnam (he could be a conscientious objector)
"Rule of four"
todo
Hustler Magazine vs. Falwell
...
Engel v Vitale
school prayer
Van Orden v. Perry
historic displays
1st Amendment
NY Times v US
McCulloch v Maryland (1819)
Constitutional Issue:
Background:
Decision:
Impact:
Plessy v. Ferguson (1896)
"separate but equal"
Engle v. Vitale
no prayer in school
Lee v Weisman
graduation prayer is illegal
Olmstead v. L.C.
upholds designation of special accommodations for the disabled
McCulloch v. Maryland (1819)
Established national supremacy; established implied powers; use of elastic clause; state unable to tax federal institution; John Marshall; "the power to tax involves the power to destroy".
Plessy vs. Ferguson
Date/Era: 1896, Fuller Court
Court's Ruling: The "separate but equal" provision of private services mandated by state government is constitutional under the Equal Protection Clause of the 14thA
Court's Vote: 7-1
Key Rights/Liberties: civil rights
Other Interesting Information: Later overturned by Brown vs. Board of Education and declared unconstitutional
Gibbons v Ogden
1824: Congressional power over interstate commerce
Schenck v US
clear and present danger test
Hylton v. US
1796: CJ Ellsworth, P Washington
established that the supreme court has the right to affirm or deny laws
Mapp v. Ohio
1961- established exclusionary rule for states
Griswold vs. Connecticut
Marital privacy (esp. contraceptives) protected b/c violate privacy
Lau v Nichols
bilingual education mandated for schools where there is a significant need from non English speaking children under the 14th amendment. declared unconstitutional
Rhodes v. Chapman
Double-celling does not necessarily constitute cruel and unusual punishment. Must evaluate the "totality of the circumstances"
Chaplinksy v. New Hampshire(1942)
Issue: First Amendment
Decision: 'fighting words' that are likely to provoke a hostile response are not protected under the First amendment
Swann v. Charlotte-Mecklenberg County Schools
Upheld idea of busing.
Gonzales v. Oregon
United States Attorney General could not enforce the Controlled Substances Act against physicians prescribing drugs for the assisted suicide of the terminally ill as permitted by an Oregon law.
Griswold v. Connecticut
(1965) Ruled that the Constitution implicitly guarantees citizens' right to privacy, specifically in this case, the right to use contraceptives.
Gideon v. Wainwright
-man accused of petty crime
-couldn't pay for lawyer, defended himself (FL court denied him cousel) and was found guilty
-wrote to supreme court saying his rights were violated
-9-0 in favor of Gideon (court wanted to stress 6th amend right should be given regardless of wealth
Tinker v Des Moines
1st amendment: free speech
Does wearing protest arm bands in school count as free speech?
Yes, symbolic free speech. The school had no justifiable reason for restriction.
U.S. v. Nixon
Does the Constitution's mandate for separation of powers mean that the president can withhold any information from Congress?
McCulloch V. Maryland, 1819
commerce clause strengthened congress power to regulate interstate trade.
Betts v. Brady
Lawyer only need under special cirsumstances
US v. Leon
(1984) Illegally obtained evidence may be used in a trial if it was gathered in good faith without violating the principles of the Mapp decision
Miranda v. Arizona (1966)
Fifth Amendment, Requires Law Enforcement Officials to Advise a Suspect, Miranda Rights
scott v sanford
ruled slaves were property not citizens and therefore could not use courts; declared missouri compromise unconstitutional
Parker v Gladden
incorporated the 6th amendment's right to an impartial trial (1966)
Near v Minnesota
Freedom of press, Government can't prohibit publication in advance
gideon
broke into pool room, stole wine and some change, got death penalty
Skokie v. Illinois
heckler's veto established; can stop assemblies if the reaction will cause a disruption of the peace
Near v. Minnesota
In his newspaper, officials were attacked and accused of criminal activities. Minnesota officials filed a complaint against Near under the Public Nuisance Law (Minnesota Gag Law)—could stop the print of materials that created a public nuisance by publishing malicious information.
DECISION: the Minnesota Gag Law was unconstitutional and violated 1 (freedom of press). Due Process Clause (14) protects the liberty of the press from invasion by state action. Govt. cannot prohibit a publication in advance
Shaw v Reno (1993
- Can't reapportion legislative district to promote a particular race of candidate.
Pace v. Alabama
held states may impose more severe punishments for adultry
Miranda v Arizona (1966)
Arrested individuals must be advised of their right to remain silent and to have counsel present
Schenk v US
Congress has right to prohibit speech that causes a clear and present danger
In Re Debs
Supreme Court approved use of court injunctions against strikes which gave employers a very powerful weapon to break unions; Debs later turned to the American Socialist Party in 1900.
Ex parte Milligan (1866)
Supreme Court decided that the suspension of habeas corpus was unconstitutional because civilian courts were still operating, and the Constitution of the United States (according to the Court) only provided for suspension of habeas corpus if these courts are actually forced closed. In essence, the court ruled that military tribunals could not try civilians in areas where civil courts were open, even during wartime.
Taylor v. Louisiana
The Court held that the Equal Protection Clause forbids the States to exclude women from jury service.
Furman v. Georgia, 1972
Many states rewrote their death penalty statutes so that there are less racial imbalance in death penalty cases
Employment division v Smith
Freedom of Religion. Exercise of religion does not excuse one from following a valid law
Collin v. Smith
(1978) The Nazi Party may march through a largely Jewish neighborhood
Bakke v. University of California
Ruled against reverse discrimination. Universities cant use Numerical Quotas of minorities in the school but can use Race as a deciding factor in admissions
atkins v. virginia 2002
cant execute people with mentle disabilities
Schenck V. U.S. (1919)
Oliver Wendell Holmes; clear and present danger test; shouting "fire" in a crowded theater; limits on speech, esp. in wartime.
US v. Morrison
Congress has no power under the interstate commerce clause to pass the Violence Against Women Act because they are not related
Grutter V Bollinger
affirmative action case (lost) ; race could be used as a factor in admissions as long as there was no point system and race was not a major factor; upheld Bakke case
In Re Gault
(1967) Children were granted some of the rights in criminal cases protected by the Bill of Rights.
Planned Parenthood vs. Casey 1977
planned parenthood sued Pennsylvania because they had put requirements on an abortion and the Supreme Court said that it was ok to have requirements except you don't have to tell your spouse; right to privacy
Worcester v. Georgia
States may not violate provisions of U.S. treaties with Indian Nations. Jackson disregarded the ruling, but used Cherokee to support the Indian removal.
Wilkins v. Missouri
You may impose capital punishment on 16 year olds
Scott v. Sandford (1857)
denied citizenship to enslaved African Americans and denied right to sue in federal court. Invalidated Missouri Compromise (no slaves north of 36° 30')
Korematsu v. United States
1944; Executive Order 9066, which ordered Japanese Americans into internment camps during World War II.
In a 6-3 decision, the Court sided with the government
Commonwealth v. Hunt (1842)
Labor unions not illegal monopolies which restricted trade; landmark case for union rights
Schenck v. US
free speech when not putting someone in clear and present/imminent danger
Gonzalez v. Raich
(2005) Only case where Congress could regulate non-commercial Intrastate activity (producing marijuana for private consumption) because that activity would have inevitably made its way into the Interstate Markets
Hazelwood School District v. Kuhlmeier
school can censor school newspaper
(1974) Miliken v. Bradley
No busin across district lines. Schools didn't have to combine to ahcieve racial balance.
Ali v US
Legal to avoid draft by declaring your religion "Pacifist"
NJ v TLO
Gave schools the right to search under reasonable suspicion rather than probable cause
Lee v. Weisman, 1992
public schools may not have clergy lead prayers at graduation
Dartmouth College v. Woodward
New Hampshire had attempted to take over Dartmouth College by revising its colonial charter. The Court ruled that the charter was protected under the contract clause of the U. S. Constitution; upholds the sanctity of contracts.
Muller v Oregon(1908)
oregon enacted a law that lmited women to ten hrs of work in factories and laundries. muller challenges it
women didnt have the same physical capabilities as men and the court ruled oregons law constitutional
Everson v Board of Education
Federalism/ Separation of powers
Is it okay to governmentally reimburse parochial school students for their bus fare?
No, because you have to give aid to families of all religions if you do.
Michael M. v. Superior Court
Illustrates the Rational Basis Test; California law says that a man who has sexual relations with a girl under 18 to whom he is not married can be prosecuted for statutory rape.; The Court found the law to bear a reasonable relationship to a proper public policy goal: preventing teenage pregnancy
Marbury V. Madison, 1803
judicial review; the court has power to find acts of congress unconstitutional
Korematsu v. US (1944)
This supreme court case followed the movement of 100,000 Japanese Americans moved to internment camps; the case upheld the US govt's internment policy as justified in wartime.
Griswold v. Connecticut (1965)
right to contraception found in Fourth Amendment's search & seizure clause and Third Amendment protects the home
Gideon v Wainwright (1963)
ordered states to provide lawyers for those unable to afford them; Sixth and Fourteenth Amendments
McCullock v. Maryland
1819-1864 he was a cashier he refused to pay taxes. State can not tax a federal gov. John Marshall fav. McCulloch.
elastic clause congress does have power coin money
Abington School District v. Schempp
(1963) Prayer in classrooms was determined to be in violation of the First Amendment.
Gideon vs Wainwright
Secured the right to counsel in any criminal trial
Bush vs. Gore
Stop recount of ballots in Florida and make petitioner President
Regents v. Bakke
court case in which Bakke was denied to UC Med school twice to people less qualified based on race. Case determined that affirmative action is legal as long as filling quotas is not used. A quota system based on race is unconstitutional
Marbury v Madison
first decision of the supreme court to declare a law unconstitutional-it was the begining of the practice of power of judicial review
Van Orden vs. Perry
10 commandments can be posted on capitol grounds
Grutter V. Bollinger
40 Year Old White Woman not admitted into Michigan
Schenk v. US (1919)
"Clear and Present Danger Test" to limit speech.
Clinton v. Jones (1997)
Rejecting an appeal by Pres. Clinton in a sexual harassment suit, the Court ruled that a sitting president did not have temporary immunity from a lawsuit for actions outside the realm of official duties.
(1992) Planned Parenhood v. Casey
A Pennsylvania law that required spousal notification prior to obtaining an abortion was invalid under the Fourteenth Amendment because it created an undue burden on married women seeking an abortion. Requirements for parental consent, informed consent, and 24-hour waiting period were constitutionally valid regulations.
Dred Scott vs. Sanford (1857)
African Americans were not citizens of the U.S., and Scott had no right to sue; the Missouri Compromise was unconstitutional; slaves were property and protected as such under the Constitution
due process and state regulatory power. "The switch in time that saves nine." In the face of President Franklin Roosevelt's proposal to expand the court's membership, the court upheld a series of New Deal measures. By a 5-4 vote in West Coast Hotel Co. v.
West Coast Hotel v. Parrish (1937)
Gratz v. Bollinger
if school is big race can't be a determining factor
NY Times v. United States
"Pentagon Papers" freedom of the press is supported even if what's printed is a containing national secrets
Brown vs. Board of Education
This case overruled the "seperate but equal" doctrine.
U.C. Regents v. Bakke
[email protected]#$: 35 and white, was denied admission to [email protected]#$ med., though had higher qualifications than members of minorities. RULING • No, affirmative action does not violate Equal protection Clause/ Civil Rights Act. • Court minimized white opposition to affirmative action programs
Citizens United vs. Federal Election Comission
Give corporations the same first amendment protections as individuals
U.S. v. E.C. Knight Co. - 1895
Undermined the federal governmen'ts ability to act against monopolies.
Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.
Gideon v. Wainwright (1963)
Northern Securities Co. v. United States
antitrust laws. Upheld a government suit against a railroad holding company, ruling that an illegal combination in restraint of interstate commerce violated the Sherman Anti-Trust Act (Gilder Lehrman Institute).
Wabash, St. Louis, and Pacific Railway Co. vs. Illinois
Declared state-passed Granger laws that regulated interstate commerce unconstiutional.
Abington School v. Schempp
PA law that required school to begin with Bible reading violated the First Amendment
Schecter Poultry v. US
In the case Schecter Poultry v. US, the Supreme Court ruled that the National Industrial Recovery Act was unconstitutional because it violated the constitutional separation of power because it delegated legislative power to the executive branch.
Tinker v. Des Moines Independent Community School District
Wearing armbands is a legitimate form of protest under the First Amendment, even on public school grounds
Regents of the University of California v. Bakke
1978- Equal Protection of the Laws: Less qualified individuals can't be accepted for programs based only on their race. However, affirmative action is not unconstitutional.
New York Times v. United States (1971)
Supreme court ruling that prohibited the federal government from instituting a prior restraint upon the New York Times and the Washington Post, both of which were publishing the top secret "Pentagon Papers."
Webster v. Reproductive Health Services
(1989) Court gave more power to states to fashion more restrictive abortion laws
New york Times v. U.s
Freedom of the press by allowing the New York Times to publish the "Pentagon Papers" despite the Justice Department's order to restrict it
Hamilton v. Regents of the University of California
incorporated the free exercise of religion provision of the 1st Amendment in 1934
Tinker v. Des Moines and Bethel School District v. Fraser
Students wearing armbands during Vietnam War; "protected symbolic speech". No disruption in the school.
Near v. Minnesota ex rel. Olson
1930; The Government cannot censor a publication prior to it being published.
US Term Limits, Inc. v. thorton
states cannot impose term limits on congressmen
Regents of the Univ. of Cal. v. Bakke
Race based set-asides in educational opportunities violate the Equal Protection Clause of the Constitution. The case leaves the door open to some race usage in admission decisions.
"Marbury v. Madison" What was the constitutional issue?
Can the Supreme Court order a president to abide by a certain action as established by the Judiciary Act of 1789?
New York Times v. Sullivan (1964)
The Court held that the 1st amendment protects the publication of all statements, even false ones that are considered libel or slander, about the conduct of public officials except when statements are made with actual malice.
(1951) Dennis et al v. US
Upheld the Smith Act of 1940 which made it illegal to advocate or teach the overthrow of the government by force ...
Bakke v. Regents of the University of California (1978).
Ambiguous ruling by a badly divided court that dealt with affirmative action programs that used race as a basis of selecting participants. The court general upheld affirmative action, but with a 4/4/1 split, it was a very weak decision.
Charles River Bridge v. Warren Bridge
marked a limitation on the right of a contract in corporate charters
Terry v. OH
1968
legal counsel
Powell V. Alabama
US v EC Knight Co
todo
roe v wage (1978)
legalize abortion
Roe v Wade (1973)
Constitutional Issue:
Background:
Decision:
Impact:
Cherokee Nation v. Georgia (1831, Marshall)
...
Swan vs. Charlotte-Meck Schools
Busing in schools
Grutter v. Bollinger(2003)
Issue: Affirmative Action
Decision: Allowed the use of race as a general factor in law school admissions at University of Michigan.
Plessy
Black children are denied entry to school. court rule in favor of the school.
Reynolds v. Sims
Equal representation in state government ---one man, one vote
Korematsu v. US
1944, upholds internment of Japanese
Brown v Boe
Segregation illegal violates equal protection under fourteenth amendment
Hazelwood School District V. Kuhlmeir
Edited School Newspaper
Marbury vs Madison
(1803) established "judicial review" establishing the Supreme Court as the determiner of the constitutionality of federal laws, thereby expanding the power of the supreme Court and therefore, the federal government
Marbury
Election of 1800 and incumbent didn't win, so he put somebody that he wanted as the president and when the official new president came in he didn't like it. (1803) Court said it was judical reviews. 3rd article
Gideon vs. Wainwright
Date/Era: 1963, Warren Court
Ruling: In favor of Gideon
Vote: 9-0
Key Rights/Liberties: Right to an Attorney
Other Info: This case applied the 6th Amendment right to an attorney to state courts. The case was brought up as a result of a man being unable to afford an attorney at a state court and was denied the right to have an attorney provided. This was a result of a Florida law stating that lawyers were only provided for capital offences.
Dejonge v. Oregon
states protect peaceful assembly freedom
Reed v Reed
First ruling that concluded laws requiring gender discrimination are unconstitutional
Korematsu v. U.S.
The court upheld the constitutionality of detention camps for Japanese-Americans during World War 2.
Roe v Wade1973
court legalized abortion by ruling state laws could not restrict it during first 3 months of pregnancy.
Wabash v. Illinois
Only the federal government could regulate interstate commerce, so railroads could not be regulated by states; weakened the Munn v. Illinois decision, 1886
Muller v. Oregon
1908; Brandeis persuaded the Supreme Court to accept the constitutionality of laws protecting women workers
Wisconson v. Yoder
Leaving school is permissible for religious reasons.
Near v Minnesota 1931
selectively incorporates freedom of the press, prevents prior restraint,state injunctions to prevent publication unconstitutional
Munn v. Illinois
Anti-monopoly laws upheld (v. RRs); law setting max rate for grain storage upheld
Mapp vs Ohio
Illiegally obtained evidence cannot be used in a trial. "Exclusionary rule" established.
Commonwealth v. Hunt
Workers have the right to organize
Hazelwood School District v Kuhlmeier
1988; 1st amendment; Hazelwood
What is affirmative action?
A program to stop discrimination.
Dartmouth College Case - 1819
States cannot impair contracts.
United States vs. Nixon
The President's Executive Privilege was limited by this case.
Lee v. Weisman (1992)
The establishment Clause prohibits invocations and benedictions at school ceremonies; Prayers at Graduation
NAACP v. Alabama
(1958) Freedom of association (the right to assemble in groups) was protected here.
Wisconsin v. Yoder
an individual's interests in free exercise of religion outweighed the State's interest in compelling school attendance. The Amish did not have to go to school
Sims v. Reynolds (1964)
Description:
Alabama apportioned its voting districts to have a senator for each county, and a district for each senator. This was argued to be a violation of the 14th amendment's "Equal and Protection" clause, and the courts voted in Sims's (the petitioner's) favor.
How it Applies:
State legislatures must be appointment based on population, and not by any other means.
The Civil Rights Cases
held congress could not punish discrimination by private persons, only discriminatory actions by states
Furman v. Georgia
The arbitrary application of the death penalty constituted cruel and unusual punishment; the decision leads to a moratorium on the death penalty until state legislatures rewrite their capital punishment statutes.
Hazelwood v Kuhlmeier
The first amendment does not require schools to affirmatively promote student speech that is inconsistent with the shared values of a civilized social order
miller v California
porn case; dealt with censorship of pornographic material sent in the mail
(1973)
Slaughterhouse Cases
the 5th and 14th amendments do not guarantee federal protection of individual rights of all citizens of the United States against discrimination by their own state governments; made a distinction between state citizenship and national citizenship.
Hamden v. Rumsfeld
Struck down President George W. Bush's plan to use military Tribunals to prosecute "enemy combatants". The court ruled that only Congress can create such court-like bodies
Dred Scott
A slave left to Illinois, a free state, and returned to his former state thinking he was free.The court ruled in favor of the slave owner, saying that he was still a slave. Articles 3&4
Sheppard v. Maxwell
6th amendment guarantee of fair trial is superior to 1st amendment guarantee of freedom of the press
Korematsu v. U. S.
The court upheld the constitutionality of detention camps for Japanese-Americans during WW2.
Lemon v Kurtzman 1971
secular rather than religious purpose? neither promote nor discourage religion? avoid "excessive entanglement?"
employment division v. smith
controlled substances not protected by free exercise clause
Wabash v Illinois
Supreme court ruling that states could not regulate interstate commerce
U.S. vs. Lopez
The Court held that Congress had exceeded its commerce clause power by prohibiting guns in school.
1972 Dunn v. Blumstein
- long residence requirements for state/local voting= unconstitutional
- in Tennessee there was a law requirement of one-year residence in the state and a three-month residence in the county to vote
- professor Blumstein (who had just moved there) challenged Dunn and other officials
- court decided that the law was unconstitutional because it was against right to vote and right to travel
Van Order v. Perry
establishment clause does not prohibit Ten Commandments from being displayed
McColloch vs. Maryland
federal government can tax states but states cant tax federal government. (1819)
Established voting laws
18 years old, literacy test provided, residency must be valid in area
Klopfer v North Carolina
incorporated the 6th amendment's right to a speedy trial (1967)
Miller v. California
Supreme Court established a 3 part test for obscenity-
-Against community standards?
-Does it lack serious artistic, scientific, or literary value in it?
-Would a reasonable person find any value in it?
Lawrence vs. Texas
2003 Supreme Court decision ruled that state laws that banned sexual contact between two members of the same sex were unconstitutional
1973 Roe v Wade
Upheld abortion rights for women; Decision based on the right to privacy
Reno v. ACLU, 1997
Censorship of the internet, minors cant be exploited
Barron v. Baltimore
Bill of rights restrains only the national government
Mapp vs. Ohio
violation of search and seizure cannot be used in court (14 amendment)
Buckley v Valeo (1976
- Campaign spending is free speech.
Allowed congress to have wider power over interstate commerce. The opinion of the court stated that commerce includes all kinds of business and trade between nations and the states. 1824
Gibbons v. Ogden
New Jersey v TLO
4th amendment; search and seizure; in loco parentis;
Boumediene v. Bush (2004)
enemy combatants may not be detained indefinitely without receiving fair hearings under civilian courts.
discrimination in public accommodations. The Supreme Court upheld the portion of the Civil Rights Act of 1964 which outlawed discrimination in public accommodations (ARCO), even though privately owned.
Heart of Atlanta Motel v. U.S. (1964)
Bakke v. Board of Regents U.C.
Court upheld minority affirmative action quotas in universities but state that race alone could not be used as the sole means for college admission; it could, however, be used as a "plus" factor, 1978
Everson v Board of Ed
Reimbursement for buses in in private/religious schools okay (same as firemen, police) [Freedom of Religion]
Poe V. Wade
state cannot take away a woman's right to abortion
Hazelwood School District v. Huhlmeier
School newspaper had articles on conversational topics, principle took them out prior to the printing to protect the student's discussions. Plaintiff won
Prince v. Massachusetts (1944)
woman whose young niece helped her distribute religious flyers in trouble because child labor laws prevail over free exercise
Alden v. Maine
state employees could not sue to force state compliance with federal fair-labor laws
Gibbons v. Odgen
(1824) The issue in this case was whether or not the state of New York could grant a monopoly to Robert Fulton's steamboat company to operate an exclusive service between New York and New Jersey. Aaron Odgen had secured his license from Fulton's company, while Thomas Gibbons had secured a competing license from the U.S. government. The Court argued that Gibbons could not be kept from competing because New York did not have the power to grant this particular monopoly due to the commerce clause in the Constitution that gave the federal government the power to regulate interstate commmerce, which the Court defined thru this case. This case proved the "interstate commerce" was a source of power for the national government as long as Congress sought to improve commerce through subsidies, services, and land grants. This case also enforced the nationalistic interpretation of the Constitution that reigned during this time
Gregg v. Georgia
(1976) Death penalty is not "cruel and unusual punishment" in cases of murder.
TLO v. New Jersey
reasonable ground is needed to search students at school
Gratz v Bollinger
Case in which Supreme Court held that University of Michigan's undergraduate admission program was not sufficiently "narrowly tailored" to consider race as a factor in admission decisions in order to achieve goal of a diverse student body.
Brown V Board Of Education
overturned Plessy V Ferguson - overturned the "seperate but equal" standard
Gideon v. Wainwright, 1963
Guarentees the accused the right to cousel even if unable to afford one
Reed v. Reed (1971)
The Supreme Court ruled that, under the 14th Amendment's equal protection clause, dissimilar treatment of men and women is unconstitutional.
NAACP v. Alabama (1958)
The Supreme Court protected the right to assemble peaceably in this case when it decided the NAACP did not have to reveal its membership list and thus subject its members to harassment.
Lemon v. Kurtzman (1971)
separation of church and state - school will loose funding if teachers have secular material
The first amendment rights for students are not automatically co-extensive with the rights of adults in all settings. Censorship of school newspapers is allowed. 1988
Hazelwood School District v. Kuhlmeier
McCleskey v Kemp (1987)
The Court ruled that the imposition of the death penalty did not violate the equal protection clause
Lochner v. New York
Supreme Court case which struck a blow to Progressives by invalidating the law establishing a 10 hour day for bakers.
Hazelwood School District vs. Kuhlmeier
1988; 1st amendment; students want to put birth control in school newspaper; students said freedom of speech; ruled in favor of school
Clinton v. Jones
The President may be sued while he is in office
Red Lion Broadcasting Company v. Federal Communications Commission (1969)
upheld restrictions on radio and television broadcasting. These restrictions on the broadcast media are much tighter than those on print media because there are only a limited number of broadcasting frequencies available.
Tinker Vs Des Moines
1969 case where the courts desided in favor of students wearing arm bands as a protest to the war
International Society for Krishna Consciousness, Inc. v. Lee
although airport terminals were not a type of public forum for free speech, the Port Authority ban on distribution of literature violated free speech rights under the First Amendment
Brown v. Board of Education (1954), (1955)
Overturned Plessy v. Ferguson, Inherently Unequal, All Deliberate Speed
Dartmouth College v. Woodward (1819)
the Court established the sanctity of contracts
Owasso vs. Falvo 2002
a teacher called grades out to the whole class which embarassed lots of kids and the court ruled that it is ok to pass out grades; right to privacy
Citizens United v FEC
2008 is a politically charged film a campain ad?
Mapp v. Ohio (1961)
Cops had fake search warrant to search for fugitive and found pornography
Chevron v. National Resources Defense Council
States should comply with EPA decisions, even if not explicitly authorized by statue, provided they are reasonable efforts to attain the goal of the law
R.A.V. v. St. Paul (1992)
Robert Victora and other youth burned a cross on the lawn of a black family in St. Paul, Minnesota. The U.S. Supreme Court struck down the St. Paul ordinance because it was content based -- specifying particular words that relate to race, creed, gender or sexual preference, while allowing other words.
(1936) United States v. Butler
The Agricultural Adjustment Act is an unconstitutional exercise of power.
religion and public schools. The court prohibited daily Bible readings and the reading of the Lord's Prayer in public schools (Gilder Lehrman Institute).
School District of Abington Township v. Schempp (1963)
Leandro V. State of NC
state of NC must do whatever is necessary to provide sound and basic education
Oregon Employment Division v. Smith
~Peyote~
It is okay for the state to deny unemployment benefits to a worker fired for using prohibited drugs for religious purposes. They are not required to do so, but they can.
In Re vs. Gault 1967
this kid was prank calling the same woman and it was perceived to be vulgar and rude and got sentenced to 6 years in a "special school" the court said that kids have constitutional rights as well as adults; 14th amendment
University of California Regent v. Bakke
The Court held that while affirmative action systems are constitutional, a quota system based on race is unconstitutional.
1964 Heart of Atlanta Motel v. US
Upheld constitutionality of 1964 Civil Rights Act's use of Congressional interstate commerce powers to prohibit discrimination in private facilities whose operations affect interstate commerce
Dred Scott v. Sandford, 1857
Dred Scott, a slave, had been taken from Missouri, a slave state, to Illinois, a free state, and then back to Missouri. Scott sued for his freedom arguing that he by living in a free state he was free. Court ruled that Scott did not have the right to sue because, as a slave, he was not a citizen of the United States and that the Missouri Compromise of 1820 was unconstitutional because Congress denied slaveowners their property without due process.
Lowered the Court's prestige amongst northerners and widened the sectional divide. Invalidated popular sovereignty as a solution to the statehood slavery question.
Tinker vs. Des Moines Independent Community School District (1969)
wearing of arm bands by students to protest the war in Vietnam is protected speech and cannot be prohibited by school officials; students do not give up their constitutional rights at the schoolhouse door
Worchester V . Georgia
no one had the right to be on cherokee land without their consent
Heart of Atlanta Motel vs. US
motel in Atlanta that refused to let blacks stay there, sup. court says the Civil rights Act of 1964 can be enforced by the national government through the interstate commerce clause to end disrcimination in public accommodations.
1954 Brown v Board of Education of Topeka
Reversed the principle of "separate but equal"; a denial of equal protection of the laws under the 14th amendment; The most important SC decision following WWII; widespread consequences for rights of minority groups
Heart of Atlanta Motel vs. United States (1964)
Congress has the power to prohibit the nation in private businesses based on the authority to regulate interstate commerce
Heart of Atlanta Motel v. US, 1964
The Civil Rights Act of 1964 outlawed racial discrimination by places of public accommodation. The Motel refused to accept Black Americans.
Regents of the University of Cal. vs Allen Bakke
The Court ruled that Bakke should be admitted to medical school
(1978)
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