Court Cases Flashcards
Marbury v. madison
established “judicial Review” concept
affirms the court’s position as a coequal branch of government having considerable influence on the politics of government and direction of public policy
McCulloch v. Maryland
defined “necessary and proper” clause and established the primacy of federal government power over state government
Gibbons v. Ogden
decided that only the national government can regulate interstate commerce, individual states cannot
US v. Lopez
reestablished some states rights that had been slowly diminishing due to the federal government using the interstate commerce clause to control more and more things
Congress passed Gun Free Zone Act, Lopez found in violation of it & was convicted. Court decided that the Act & law were unconstitutional because it violated the 10th amendment. rule that the act had nothing to do with interstate commerce & that authority to pass such legislation rested with the states
Engle v. Vitale
struck down mandatory prayer in school because it was in violation of the First Amendment’s separation of church & state
Lemon v. Kurtzman
rule that the state cannot give aid to religious things & parochial (church) schools.
established the Lemon Test to determine whether the establishment clause has been violated
- purpose of the legislation must be secular, not religious
- primary effect of legislation must neither advance nor inhibit religion
- legislation must avoid an excessive entanglement of government with religion
Reynolds v. US
ruled that a law banning polygamy was constitutional & that reynolds could not practice polygamy
Employment Division of Oregon v. Smith
ruled that illegal drugs were an okay basis for dismissing people
dealt with the practice of Native American Indians using peyote. Oregon refused to grant unemployment benefits because of this illegal drug
Gitlow v. New York
Gitlow was arrested because he was a socialist who advocated through speech speech and pamphlets, strikes and other civil actions that would accomplish his goals. Courts upheld that it was creating a dangerous tendency
Chaplinsky v. New Hampshire
established “fighting words doctrine” - words that can inflict injury or cause a breach of the peace can be regulated
court upheld Chaplinsky’s arrest conviction for calling a city official “a damned fascist” in a public place
Schenck v. US
gave government right to prosecute individuals who create a “clear and present danger”
Schenck mailed flyers to potential draftees urging them to defy the draft. he was arrested for violating the Espionage Act which makes draft resistance illegal. court equated Schenck’s actions to yelling fire in a darkened movie theatre
Tinker v. Des Moines
upheld symbolic speech. raised issue of whether students attending public schools were protected by Bill of Rights
Mary Beth Tinker was suspended from school for wearing a black armband protesting the Vietnam War. Court deemed that the suspension was unjustified because the black armband represented symbolic speech
Texas v. Johnson
ruled that flag burning for the purpose of political protest was symbolic speech (under the 1st amendment) & considered constitutional
New York TImes v. US (Pentagon Papers Case)
ruled that newspapers had the right to publish the secret Pentagon study of the Vietnam War under the 1st amendment’s free press clause
Wolf v. Colorado
allowed illegally obtained evidence to be used in state courts