cases to know

Question 1

McCulloch v Maryland

Answer 1

• federalism, ntnl gov = supreme law of land

- creating federal bank = “necessary and proper” clause, exercise of government’s right to borrow $

Question 2

Plessy v Ferguson

Answer 2

civil rights, doctrine separate but equal, state law w/in constitution because the train cars were separate but equal

Question 3

Dred Scott v Sanford

Answer 3

• blacks aren’t citizens, prior to civil war
• Scott claimed residence in free territory so he should be a free man, but since he’s a slave and not a citizen of the US, he can’t be a citizen of the state

Question 4

Brown v Board of Education

Answer 4

• civil rights, separate but equal, inherently unequal for schools
• racial segregation in public education = harmful to minority children as it is a sign of inferiority

Question 5

Miranda v Arizona

Answer 5

• civil liberties, get miranda rights, protect against self incrimination (5th amendment)
• had to demonstrate safeguard effective to self-incrimination, required giving rights to suspects

Question 6

Griswold v Connneticut

Answer 6

• substantive, due process,

- right to privacy in marital relations conflicted w/ Connecticut law banning contraception, declared null and void

Question 7

Roe v Wade

Answer 7

• allows abortion, right to privacy based on the 14th amendment
• substantive, women has autonomy over 1st trimester

Question 8

Mapp v Ohio

Answer 8

• civil liberties, 4th amendment incorporation, (bill of rights applies to states)
• evidence illegally obtained by police can’t be used in criminal trial, porn trunk

Question 9

New Jersey v TLO

Answer 9

civil liberties, 4th amendment, deals with search & seizure in schools, ruled that search in purse was unreasonable & evidence can’t be used

Question 10

Texas v Johnson

Answer 10

-burning of flag, it was seen as a freedom of speech protected under the 1st amendment, civil liberties, burning = expressive conduct

Question 11

Tinker v Des Moines

Answer 11

• civil liberties, 1st amendment, symbolic speech in a school setting
• students can wear black armbands protesting the Vietnam war when such a display doesn’t disrupt class

Question 12

Gideon v Wainwright

Answer 12

• civil liberties, 6th amendment incorporation

- right to counsel can’t be denied and extends to felonies in state courts

Question 13

Wisconsin v Yoder

Answer 13

-civil liberties, 1st amendment, freedom of religion trumps school attendance past 8th grade, amish people

Question 14

New York Times v US

Answer 14

• civil liberties, freedom of press, pentagon papers

- publication wouldn’t harm the US & it violated the first amendment

Question 15

Lemon v Kurtzman

Answer 15

• civil liberties, 1st amendment, 3 prong limit test, freedom of religion
• services rooted in religion & violated constitution, can’t involve with religious insitution

Question 16

Hazelwood Schoo District v Kuhlmeier

Answer 16

• civil liberties, freedom of press @ school
• prohibition of articles was ok due to the fact that the school could ban speech “inconsistent with shared societal values”

Question 17

Korematsu v United States

Answer 17

-civil liberties, EO 9066, need to protect against espionage outweighs rights, exclusion justified in “emergency or peril”

Question 18

Schenck v United States

Answer 18

• civil liberties, 1st amendment, freedom of speech

- circulars mailed to draftees not protected, different in times of war

Question 19

Loving v Virginia

Answer 19

-equal protection (clause) under the 14th amendment, civil rights, interracial marriage

Question 20

Plyer v Doe

Answer 20

• = protection, civil rights, illegal immigrants’ education

- aliens are still people, protected by the 14th amendment, disadvantaged by denying them education

Question 21

Boy Scouts of America v Dale

Answer 21

• CR/CL, homosexual leadership denied

- “expressive association”, w/in a private institution, against values

Question 22

United States v Nixon

Answer 22

-government affairs and executive privilege, not immune form judicial review

Question 23

Santa Fe School District v Doe

Answer 23

-CL, 1st amend, religion, student led prayer violates establishment clause of 1st amend

Question 24

NAACP v Alabama

Answer 24

-1st amend, CL/CR, assembly, disclosing membership lists violates due process clause of 14th amend

Question 25

Heart of Atlanta Motel v US

Answer 25

-CR, commerce clause, congress can reg interstate commerce, hotel forbade blacks from staying there; public discrimination

Question 26

Gitlow v New York

Answer 26

• CL, 1st amend incorporation, 1st amend applies to states

- can ban an action if it threatens public security

Question 27

Bakkee v University of California

Answer 27

CR, affirmative action, racial quotas are unconstitutional

Question 28

Gratz v Bollinger

Answer 28

CR, affirmative action, same thing that racial quotas are not OK but at U of M

Question 29

Grutter v Bollinger

Answer 29

civil rights, affirmative action; since race is not the sole determining factor it is not unconstitutional

Question 30

Lawrence & Gardener v Texas

Answer 30

substantive, due process, homosexual actions, violates due process clause

Question 31

Near v Minnesota

Answer 31

CL, 1st amend, incorporation of freedom of the press, injunctions=unconstitutional

Question 32

Everson v Board of Education

Answer 32

CL, 1st amend, relig incorporation, services are separate from religion (buses)

Question 33

McDonald v Chicago

Answer 33

• 2nd amend, CL, incorporation of 2nd amend

- 14th amend= 2nd amend applicable to states

Question 34

Marbury v Madison

Answer 34

• legitimacy of judicial review over congressional acts

- last-minute appointments by adams, sued for jobs