Court Cases

Question 1

McCulloch v. Maryland 1819

Answer 1

National supremacy over state in the law (because of a national bank… Power to tax involved the power to destroy so state cannot tax national)

Question 2

Gibbons v Ogden 1824

Answer 2

Steamboat monopoly means national government controls commerce

Question 3

Dred Scott b. Sanford 1857

Answer 3

Chief Justice Taney argued that blacks couldn’t be citizens to be free or sue, claimed the Missouri compromise was unconstitutional because Slavs owners could take slaves into any territory

Question 4

Minor v happersett 1875

Answer 4

14th amendment didn’t extend to women :(

Question 5

Reynolds v. U.S. 1879

Answer 5

Religious beliefs still cannot violate general law, i.e. Polygamy

Question 6

Shenck v U.S. 1919

Answer 6

If words present a ‘clear and present danger” ie shouting ‘fire in a theater’ then it’s not a violation of rights to get in trouble for saying it. Because of an obstruction in the recruitment for WW1

Question 7

Gitlow v. NY 1925

Answer 7

First step in selective incorporation… States cannot limit social expression any more than federal government

Question 8

Near v. Minnesota 1931

Answer 8

States cannot have prior restraint either (articles dealing with public corruption)

Question 9

Schechter Poultry v. U.S. 1935

Answer 9

Willfully sold diseased chickens, new deal NRA codes were violated, because the chickens had already been moved, it wasn’t states problems but NRA was declared unconstitutional

Question 10

Palko v Connecticut 1937

Answer 10

Protections from bill of rights are part of due process (Palko is still convicted of murder though) ie freedoms of speech , self incrimination right to counsel and speedy trial by jury

Question 11

Korematsu v US 1944

Answer 11

Upheld internment as constitutional, during wartime. 1988 allows congress to apologize and pay surviving internees

Question 12

Youngstown Sheet & tube v. Sawyer 1952

Answer 12

Truman attempted to halt a steel strike by taking steel mills, had to be given back because he overstepped executive power

Question 13

Mapp v Ohio 1961

Answer 13

States are required to get search warrants (4th amendment) exclusionary rule is put in place. (Unless search warrant is in ‘good faith’)

Question 14

Marbury v. Madison 1803

Answer 14

Judicial review

Question 15

Engle V. Vitale 1962

Answer 15

banned organized prayer in public schools

Question 16

baker v. Carr& Wesberry V. Sanders (1962-1964)

Reynolds V. Sims

Answer 16

one person, one vote, all should carry equal weight

Question 17

Gideon V. Wainwright (1963)

Answer 17

defended himself after being denied a lawyer, ruled court appointed attorneys are guarenteed

Question 18

Escobedo V. Illinois 1964

Answer 18

defendent’s attorney must be present during questioning

Question 19

New York Times v. Sullivan 1964

Answer 19

statements must be proven to be published with “reckless disregard for the truth”…. something was printed with error about Jackie Robinson

Question 20

Griswold V. Connecticut 1965

Answer 20

Griswold appealed after being sued for giving contraceptives to married couples, many amendments combined created certain ‘Penumbras” that gave a “zone of privacy” VOILA! The right to privacy

Question 21

Miranda v. Arizona 1966

Answer 21

must be informed of rights at arrest (attourney present, right to remain silent)

Question 22

Tinker V. Des Moines 1969

Answer 22

symbolic speech -black armbands worn in protest if the vietnam war by the M.B. Tinker

Question 23

Swann V. Charlotte Mecklenberg 1971

Answer 23

court ordered busing to achieve racial balance in schools

Question 24

Lemon V. Kurtzman 1971

Answer 24

“Lemon Test” whether things are too religious or not

Question 25

Furman v. Georgiamn 1972

Answer 25

issued stricter guidelines to capital punishment, because the death penalty was often dealt with Racial Bias

Question 26

Roe V. Wade 1973

Answer 26

strikes down laws prohibiting abortion during the first trimester of pregnancy

Question 27

United States v. Nixon 1974

Answer 27

nixon had no right to claim executive privelege in the case of refusing to hand over additional tapes

Question 28

Buckley V. Valeo 1976

Answer 28

rich can spend money on their own campaign as a part of “free speech”

Question 29

Bakke v. University of California 1978

Answer 29

affirmitive action cannot be reverse racist, strict racial quotas are unconstitutional

Question 30

Edwards v. Aguillard 1987

Answer 30

Louisiana could not require schools that taught evolution to teach creationism (Kitzmiller… cannot teach “intelligent design” it is religious.

Question 31

Webster v. Reproductive Health Services 1989

Answer 31

states can impose some regulations on abortion

Question 32

Employment Division (of Oregon) v. Smith 1990

Answer 32

regarding use of Peyote in religious worship… Free exercise clause does not apply to laws that are aimed at general behavior rather than specific religions… many exceptions would have to be written otherwise

Question 33

Planned Parenthood v. Casey 1992

Answer 33

state regulations cannot “unduly burden” a woman in her right to abortion… law mandating informed consent and a 24 hr waiting pd.

Question 34

Texas v. Johnson 1993

Answer 34

protects protestors of burning american flag (symbolic of free speech)

Question 35

Shaw v Reno 1993

Answer 35

blocks racial gerrymandering

Question 36

Kelo v. City of New London 2005

Answer 36

condemned homes in a neighboorhood can give acreage to private developer for commercial purposes did not violate 5th amendments “taking property must be for public purpose”

Question 37

stenberg v. Carhart 2000, Gonzales v. Carhart & Gonzales v. Planned Parenthood 2007

Answer 37

bans partial birth abortions, must protect mother (1st is nebraska, 2nd is national)