Court Cases Continued Flashcards
Lochner v. New York
The Court established a general right to enter freely into contracts as part of business, including the right to purchase and sell labor. The decision made it more difficult for unions to form.
Korematsu v. United States
The Court allowed the U.S. government to intern Japanese-Americans in concentration camps during WWII as a safeguard against insurrection or spying.
Brandenburg v. Ohio
The Court ruled that inflammatory speech may not be punished by government unless it is likely to incite imminent lawless action.
Kelo v. City of New London
The Court upheld the power of local government to seize property for economic development.
Boumediene v. Bush
The Court declared that foreign terrorism suspects have the constitutional right to challenge their detention (using the writ of habeas corpus) at the Guantanamo Bay naval base in U.S. courts, even though the detainees are not citizens.
U.S. v. Lopez
forbidding individuals from knowingly carrying a gun in a school zone
Citizens United v. FEC
Case about campaign spending by organizations. SCOTUS voted yes, 1st Amendment protects right of organizations to make independent political expenditures. SCOTUS upheld disclosure requirements. Expenditures must be reported to FEC
Near v. Minnesota (1931)
set a high legal threshold for government prior restraint
Barron v. Baltimore
The city of Baltimore had been disposing of sand and gravel near a wharf owned by John Barron, rendering the wharf commercially useless
Barron sued the city of Baltimore of the Fifth Amendment grounds that he had been deprived of property without compensation
The Supreme Court ruled against Barron, stating that the Fifth Amendment
Lemon v Kurtzman (1971).
The Lemon test: Government can be involved with religion if
it has a secular purpose
its effect is neither to advance nor inhibit religion
it does not create excessive entanglement between government and religious institutions
McDonald v Chicago
Court Struck down Chicago gun regulation, applied 2nd Am. to states
Lawrence v. Texas
Court reversed Bowers v. Hardwick, ruled that state laws banning private sexual activity between consenting adults violated right to privacy
Planned Parenthood v. Casey (1992)
Court upheld some regulations on abortions as long as the regulations did not create an “undue burden”
Gonzalez v. Oregon
the Court upheld an Oregon law that allowed doctors to assist terminally ill patients seeking to end their lives
Swann v. Charlottee-Mecklenburg Board of Education (1971)
Busing is a legal solution to desegregating public schools