court cases Flashcards
McCulloch v. Maryland
The necessary and proper clause allows the government to establish institutions. Although states have the power of taxation, the Constitution cannot be controlled by the states because of the supremacy clause
US v Lopez
The possession of a gun in school did not effect interstate commerce. Reaffirmed the 10th amendment which protects states rights
Engle v Vitale
The state cannot hold prayers in public schools even if participation is not required and the prayer is nondenominational because of the Establishment Clause of the First Amendment
Wisconsin v Yoder
The individual’s interests in the Free exercise of religion under the first amendment out weighed the state’s interests in compelling school attendance after 8th grade
Tinker v Des Moines
The prohibition against the wearing of armbands limited the student’ freedom of speech. The students did not loose their first amendment rights when they stepped onto school property. The protest did not interfere with the educational process or other student’s rights
NYT v US
The government did not overcome the “heavy presumption against” prior restraint of the press. Since publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified
Schenck US
(urged the public to resist the draft) the government can limit speech if the speech provokes a clear and present danger of substantive evils
Gideon v Wainwrght
Anyone accused of a felony where imprisonment may be imposed has a right to a lawyer. The government must supply a lawyer to those who cannot afford
McDonald v Chicago
The 14th amendment’s privileges and immunities or due process clauses makes the 2nd amendment applicable to the states
Brown v Board of Education
Separate but equal educational facilities are inherently unequal, violating the equal protection clause of the 14th amendment
Citizens United v FEC
Political spending is a form of protected speech under the first amendment, and the government may not keep corporations from spending money to support/denounce individual candidates in elections. They can’t give money directly to campaigns, but they can persuade voters through other means, including ads
Baker v Carr
Federal courts could hear cases alleging that a state’s drawing of electoral boundaries violates the equal protection clause of the 14th amendment
Shaw v Reno
Classifications of citizens on the basis of race are undesirable in a free society and conflict with the American political value of equality. Redistricting plans similar to this has a strong resemblance to racial segregation
