Court Cases + Amendments Flashcards
Engel v. Vitale
- School had students say a prayer after pledge of allegiance, parents challenged the practice
- Does the state composed prayer violate the Establishment Clause in 1st Amendment?
- It does violate it
Marbury v. Madison
- Marbury ordered a writ of mandamus to make Supreme Court get his commission
- Marbury is entitled to it and writ of mandamus is right, but court can’t obtain it for him since Article 13 is unconstitutional
- Established Judicial Review
Gideon v. Wainwright
- Gideon committed crimes in a bunch of states but when arrested in Florida he wasn’t given a lawyer due to state laws
- 6th Amendment says people have right to counsel for defense, so does 14th amendment apply to 6th amendment?
- Yes, Gideon entitled to lawyer since 6th amendment is for states
McDonald v. Chicago
- McDonald wants a gun but Chicago doesn’t allow them from ban
- Does the law infringe on Second Amendment right to bear arms
- Agreed with McDonald, dictated that Second Amendment is in 14th amendment, applied to states
NYT v. US
- NYT posted about government lies, ordered to be taken down by Nixon through “Prior Restraint”
- About First Amendment freedom of press
- Sided with NYT, said prior restraint can only be used if publishing a threat to national security
Brown v. Board
- Brown argued that racial segregation was a violation of the equal protection clause of 14th amendment
- Agreed with Brown, declared segregation unconstitutional
Schenck v. US
- Schenck wrote a pamphlet encouraging people to resist the draft to war, arrested for it
- Schenck argued that his 1st amendment free speech was violated
- Didn’t agree with Schenck since he went too far
Wisconsin v. Yoder
- Families pulled children after 8th grade because of religious beliefs, but Wisconsin required them to stay in school until 16
- Argued that it impedes free exercise clause
- Agreed with Yoder
New Jersey v. TLO
- Teacher smelled smoke, searched bag for pot despite denial
- 4th amendment, was the search constitutional and does the exclusionary rule apply to public school
- Search was reasonable because schools only need reasonable suspicion
Griswold v. Connecticut
- Griswold was banned from using contraceptives under Connecticut Law
- Argued it violated due process law of 14th amendment
- Supported Griswold, said marital rights was protected
Roe v. Wade
- Case based on woman’s right to privacy
- Restrictive abortion laws violates constitutional right to privacy
Tinker v. Des Moines
- Children wore banned armbands to school in silent protest against war, suspended for it
- Argued it was a violation of free speech
- Decided it was a violation of student rights
1st Amendment
Protects freedom of speech, religion, press, assembly, and petition
2nd Amendment
Protects right to bear arms
3rd Amendment
Protects people from having soldiers quartered in their homes
4th Amendment
Protects against unreasonable searches and seizure of personal property
5th Amendment
Deals with rights of citizens when they are accused of crimes
6th Amendment
Explains how process will go when person is accused of crime and what protections they are entitled to
7th Amendment
Guarantees right to trial by jury
8th Amendment
Protects against cruel and unusual punishment and excessive bail
9th Amendment
Acknowledges if rights aren’t mentioned in 10th amendment, doesn’t mean they aren’t protected
10th Amendment
States that powers not granted to federal government from the Constitution belong to the states
McCulloch v. Maryland
- National banks were established in Maryland, they decided to tax them
- Cashier refused to pay the tax
- Maryland believed establishment of the national bank was unconstitutional
- Decision was that the bank is constitutional via necessary and proper clause
14th Amendment
Selective Incorporation; applied Bill of Rights to the states
