Court Cases Flashcards
McCulloch v. Maryland 1819
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)
Gibbons v Ogden 1824
Steamboat monopoly means national government controls commerce
Dred Scott b. Sanford 1857
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
Minor v happersett 1875
14th amendment didn’t extend to women :(
Reynolds v. U.S. 1879
Religious beliefs still cannot violate general law, i.e. Polygamy
Shenck v U.S. 1919
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
Gitlow v. NY 1925
First step in selective incorporation… States cannot limit social expression any more than federal government
Near v. Minnesota 1931
States cannot have prior restraint either (articles dealing with public corruption)
Schechter Poultry v. U.S. 1935
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
Palko v Connecticut 1937
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
Korematsu v US 1944
Upheld internment as constitutional, during wartime. 1988 allows congress to apologize and pay surviving internees
Youngstown Sheet & tube v. Sawyer 1952
Truman attempted to halt a steel strike by taking steel mills, had to be given back because he overstepped executive power
Mapp v Ohio 1961
States are required to get search warrants (4th amendment) exclusionary rule is put in place. (Unless search warrant is in ‘good faith’)
Marbury v. Madison 1803
Judicial review
Engle V. Vitale 1962
banned organized prayer in public schools
baker v. Carr& Wesberry V. Sanders (1962-1964)
Reynolds V. Sims
one person, one vote, all should carry equal weight
Gideon V. Wainwright (1963)
defended himself after being denied a lawyer, ruled court appointed attorneys are guarenteed
Escobedo V. Illinois 1964
defendent’s attorney must be present during questioning
New York Times v. Sullivan 1964
statements must be proven to be published with “reckless disregard for the truth”…. something was printed with error about Jackie Robinson
Griswold V. Connecticut 1965
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
Miranda v. Arizona 1966
must be informed of rights at arrest (attourney present, right to remain silent)
Tinker V. Des Moines 1969
symbolic speech -black armbands worn in protest if the vietnam war by the M.B. Tinker
Swann V. Charlotte Mecklenberg 1971
court ordered busing to achieve racial balance in schools
Lemon V. Kurtzman 1971
“Lemon Test” whether things are too religious or not
Furman v. Georgiamn 1972
issued stricter guidelines to capital punishment, because the death penalty was often dealt with Racial Bias
Roe V. Wade 1973
strikes down laws prohibiting abortion during the first trimester of pregnancy
United States v. Nixon 1974
nixon had no right to claim executive privelege in the case of refusing to hand over additional tapes
Buckley V. Valeo 1976
rich can spend money on their own campaign as a part of “free speech”
Bakke v. University of California 1978
affirmitive action cannot be reverse racist, strict racial quotas are unconstitutional
Edwards v. Aguillard 1987
Louisiana could not require schools that taught evolution to teach creationism (Kitzmiller… cannot teach “intelligent design” it is religious.
Webster v. Reproductive Health Services 1989
states can impose some regulations on abortion
Employment Division (of Oregon) v. Smith 1990
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
Planned Parenthood v. Casey 1992
state regulations cannot “unduly burden” a woman in her right to abortion… law mandating informed consent and a 24 hr waiting pd.
Texas v. Johnson 1993
protects protestors of burning american flag (symbolic of free speech)
Shaw v Reno 1993
blocks racial gerrymandering
Kelo v. City of New London 2005
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”
stenberg v. Carhart 2000, Gonzales v. Carhart & Gonzales v. Planned Parenthood 2007
bans partial birth abortions, must protect mother (1st is nebraska, 2nd is national)
