Ch. 4 Court Cases Flashcards
Marbury v. Madison (1803)
established judicial review; John Marshall power of the supreme court; “midnight judges”
McCulloch v. Maryland (1819)
established national supremacy and implied powers; use of elastic clause; state unable to tax fed. institution; “power to tax»_space; power to destroy”
Gibbons v Ogden (1824)
Supreme Court gave wide defn. to Congress’ power to “regulate commerce… among the several states”
Dred Scott v Sandford (1857)
upheld property rights over human rights; divided nation; rule Missouri Compromise (1820) unconstitutional
Plessy v Ferguson (1896)
established separate but equal
Schenck v US (1919)
limits on speech; clear and present danger test; Oliver Wendell Holmes; shouting “fire” in crowded theater
Gitlow v. New York (1925)
established precedent of federalizing Bill oF RIghts; states cannot deny freedom of speech (protected in due process clause of Amend. 14)
Powell v Alabama (1932)
sup. ct. ruled that right to counsel is required by law in death penalty trials
Palko v Connecticut (1937)
provided test to determine which parts of BoR should be federalized– which parts are explicitly necessary for liberty
Brown v Board 1st (1954)
school segregation unconstitutional; segregation psychologically damaging; overtunred separate but equal; used 14th amend; Warren Court
Brown v Board 2nd (1955)
ordered schools to desegregate “with all due and deliberate speed”
NAACP v Alabama (1958)
protected freedom of association/assembly
Mapp v Ohio (1961)
established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court
Engel v Vitale (1962)
prohibited state sponsored recitation of prayer in public schools (est. clause & Amend. 14 due process clause); Warren Court
Baker v Carr (1962)
“one man, one vote”; ordered state legislative districts to be as near equal in population; Warren Court
Abbington v Schempp (1963)
prohibited devotional Bible reading in public schools (est. clause & Amend. 14 due process clause); warren court
Gideon v Wainright (1963)
ordered states to provide lawyers for those unable to afford so; warren court
Wesberry v Sanders (1963)
ordered house districts to be as near equal in population as possible
Heart of Atlanta Motel Inc. v US (1964)
court ruled congress could outlaw racial segregation of private facilities that are engaged in interstate commerce
Griswald v Connecticut (1965)
established right of privacy via 4th and 9th amend.; set precedent for Roe v Wade
Harper v Virginia Board of Elections (1966)
poll taxes make illegal for state elections bc violated equal protection clause (amend 14)
Miranda v Arizona (1966)
es. miranda warnings of counsel and silence; warren court
In Re Gault (1967)
children granted some of the rights in criminal cases protected by BoR
Epperson v Arkansas (1968)
prohibited states form banning teaching of evolution
Tinker v Des Moines SD (1969)
upheld students 1st amend. right; students do not shed const. rights of freedom of speech or expression at schoolhouse gate; armbands in protest of Viet. War
NYT v US (1971)
pentagon papers; no prior restraint on newspapers even if publication would embarrass government
Lemon v Kurtzman (1971)
est. 3 part test to determine if est. clause is violated:nonsecular purpose, doesnt influence religion or entangle w/ government; funding of religious schools
Roe v Wade (1973)
est. nat. abortion guidelines; trimester guidelines; inferred precedent of Griswald v Connecticut
US v Nixon (1974)
allowed for executive privilege, but not in criminal cases; watergate; “even president is not above law”
Buckley v Valeo (1976)
1st amend protects campaign spending; legislatures can limit contributions but NOT how much one spends of their OWN money for campiagn
UC Regents v Bakke (1978)
Alan BAkke and UC Davis Medical School; strict quotas unconst. but state may allow race to be taken into account as ONE factor in admissions decisions
NJ v TLO (1985)
4th and 14th amend; student accused of smoking in BR principal searches purse and finds evidence of dealing in school… reasonable search and seizure?
Bethel SD v. Fraser (1986)
permits a public school to punish a student for giving a lewd speech; sexually suggestive political speech at HS assembly to elect officers
Webster v Reproductive Health Services (1987)
more leeway for states in regulating abortion
Hazelwood SD v Kuhlmeier (1988)
1st amend; principal removed articles of newspaper bc “inappropriate, personal, unsuitable” etc.
Planned Parenthood v Casey (1992)
states can regulate abortion but not with regulations that impose “undue burden” upon women; more leeway for states in regulating abortion
Shaw v Reno (1993)
no racial gerrymandering (preference); race cannot be sole/predominant factor in redrawing legislative boundaries
US v Lopez (1995)
gun free school zones act exceeded congress’ authority to regulate interstate commerce
Reno v ACLU (1997)
extending 1st amend. free speech to internet; court repealed parts of communications decency act of 1996
US Term Limits, Inc. v Thornton (1997)
state-imposed term limits of congress-members was unconstitutional
Clinton v NY (1998)
banned presidential use of line item veto (cant reject individual provisions of a bill)
Boy Scouts of America v Dale (2000)
upheld right of boy scouts to exclude 🌈gays🌈(association and speech)
Bush v Gore (2000)
used 14th amendment’s equal protection clause to stop Florida recount in election of 2000
Atkins v Virginina (2002)
banned use of death penalty for mentally retarded
Zelman v Simmons-Harris (2002)
public money can be used to send disadvantaged kids to religious schools in tuition voucher programs
Board v Pottawatomie (2002)
school dsitricts can impose random drug tests on kids in extracurric. activities
Ashcroft v ACLU (2002)
struck down federal ban on “virtual” child porn
Lawrence v Texas (2003)
using right of privacy struck down Texas law banning sodomy
Grutter v Bollinger (2003)
allowed use of race as a general factor in law school admissions at U of Mich Law School
Gonzales v Carhart (2007)
upheld partial birth abortion ban act (2003)
District of Columbia v Heller (2008)
upheld individual right to bear arms
Citizens United v Federal Elections Commission (2010)
prohibits government from restricting independent political expenditures by corporations, associations, labor unions or individuals; direct donations to candidates still have $ caps
gratz v billing we
struck down “bonus points” for race in undergrad admissions
