Important Supreme Court Cases Flashcards
Barron v. Baltimore, 1833
Claims that the Bill of Rights protections DO NOT apply to intrusions by state governments.
Gitlow v. New York, 1925
By incorporating the Bill of Rights into the 14th Amendment, it overturns precedent (Barron v. Baltimore, 1833) in claiming the Bill of Rights DOES apply to state governments.
Marbury v. Madison, 1803
Court case that established the principle of judicial review, i.e., the power to declare a law unconstitutional.
McCulloch v. Maryland, 1819
Based on the Necessary and Proper Clause (Art. I, Section 8), Chief Justice Marshall noted that Congress possessed powers not explicitly outlined in the U.S. Constitution … aka Implied Powers.
School Dist. Of Abington v. Schempp, 1963
Strikes down practice of school-sponsored Bible reading as a violation of the establishment clause.
Engle v. Vitale, 1962
Strikes down an involuntary, non-denominational prayer at the beginning of the school day as a violation of the establishment clause.
Lemon v. Kurtzman, 1971
Establishes a test to determine whether federal funding to parochial schools violates the establishment clause.
Wallace v. Jaffree, 1985
Strikes down an Alabama law that allowed teachers to conduct religious prayer services and activities during the school day.
Elk Grove School Dist v. Newdow, 2003
Dismisses a case challenging the constitutionality of the phrase “One Nation Under God” in the Pledge of Allegiance.
Everson v. Board of Education, 1947
Landmark case affirming that the Constitution requires a sharp separation between government and religion.
Reynolds v. U.S., 1878
Rules that religious duty is not sufficient defense against criminal charges of polygamy (First Amendment does not protect polygamy as a religious practice).
Wisconsin v. Yoder, 1972
The Court ruled that Amish adolescents could be exempt from a state law compelling school attendance.
Church of the Lukumi Babalu v. Hialeah, 1993
The Court found laws passed by four Florida cities banning animal sacrifice were targeted at the Santeria religion, which employs animal sacrifice in prayer, and as such the laws were unconstitutional.
Van Orden v. Perry, 2005
A Ten Commandments monument on the grounds of a state capitol building does not violate the First Amendment’s establishment clause because “simply having religious content or promoting a message consistent with a religious doctrine does not run afoul of the establishment clause.”
Miller v. California, 1973
Establishes a test for local authorities to define the nature of “obscenity.”
Virginia v. Black, 2003
Declares cross burning is protected by the First Amendment as long as the act does not have the intent to intimidate.
Schenck v. US, 1919
Declares speech will NOT be protected if it creates a “clear and present danger.”
Bethel v. Fraser, 1988
Declares student speech is NOT protected by the First Amendment if it lacks value and is “disruptive of learning.”
Tinker v. Des Moines, 1968
Protects “symbolic speech” of students protesting with armbands.
Texas v. Johnson, 1989
Protects flag burning as “symbolic speech”
Near v. Minnesota, 1931
Declares “prior restraint” unconstitutional; that is, governments cannot suppress or regulate speech before it is given.
Morse v. Frederick, 2007
Upholds the authority of public school administrators to suspend students for promoting illegal drugs at a school event (“Bong Hits for Jesus”).
NY Times Co. v. United States, 1971
Establishes a standard for the use of prior restraint in the press … in this case over the publication of the Pentagon Papers.
NY Times Co. v. Sullivan, 1964
Requires proof of “malicious intent to harm” in order to prove libel against news organizations.
Hazelwood v. Kuhlmeier, 1987
Upholds the authority of public school administrators to censor student newspapers since they are tools for learning – not forums of free expression.
Boy Scouts of America v. Dale, 2000
Upholds the Boy Scouts authority as a private institution to exclude Dale on the basis of his homosexuality (ignoring New Jersey public accommodation law).
Village of Skokie v. National Socialist Party, 1978
The Supreme Court ruled that the National Socialist (Nazi) Party could not be prohibited from marching peacefully, simply because of the content of their message.
Schenck v. Pro-Choice Network of Western New York, 1997
The Supreme Court overturned a fifteen-foot “floating buffer” around patients leaving or entering an abortion clinic; though, “fixed buffers” were permitted since they protected the government’s interest in public safety.
New Jersey v. TLO, 1984
Permits school officials to search student property with standard of “reasonable suspicion.”
Griswold v. Connecticut, 1965
“Though the Constitution does not explicitly protect a general right to privacy…together, the First, Third, Fourth, and Ninth Amendments, create a new constitutional right, the right to privacy in marital relations.”
Planned Parenthood v. Casey, 1992
Upholds mandatory waiting period and parental consent for abortion, but strikes down spousal notification.
Roe v. Wade, 1973
Establishes a woman’s right to choose an abortion and creates guidelines for the states according to trimesters.
Mapp v. Ohio, 1961
Establishes the “exclusionary rule,” stating that illegally obtained evidence is inadmissible in court.
Veronia School Dist. V. Acton, 1995
Upholds right of public school administrators to conduct random drug tests (urinalysis) to student athletes.
Gregg v. Georgia, 1976
Upholds the constitutionality of capital punishment.
Stanford v. Kentucky, 1989
Upholds the constitutionality of capital punishment for minors.
Roper v. Simmons, 2005
The Courts determined the execution of a minor violates the “cruel and unusual punishment” provision of the 8th Amendment. Overturns Stanford v. Kentucky, 1989.
Gideon v. Wainwright, 1963
Protects the right of the accused person to have an attorney provided free of charge.
Miranda v. Arizona, 1966
Requires authorities to notify people of their rights to silence and counsel upon arrest.
Rasul v. Bush, 2002
Declares U.S. court system has jurisdiction to consider legal appeals by foreign nationals (non-citizens) imprisoned at Guantanamo Bay Naval Base.
Hamdan v. Rumsfeld, 2006
Declares that enemy combatants have habeas corpus rights, and international rules of war (Geneva Convention) may be enforced in U.S. federal court.
Kelo v. City of New London, 2005
“The Fifth Amendment did not require “literal” public use, the majority said, but the “broader and more natural interpretation of public use as ‘public purpose.’” Therefore, the city’s taking of private property to sell for private development” is constitutional.
Escobedo v Illinois, 1964
Establishes for the first time the absolute right to remain silent and have counsel present during questioning (based on 6th Amendment)
Plessy v. Ferguson, 1896
Upholds the doctrine of “separate but equal” in public facilities.
Brown v. Board of Education, 1954
Strikes down the doctrine of “separate but equal” in public schools, claiming that separate is inherently unequal.
University of Cal. Regents v. Bakke, 1978
Upholds the use of race as a determining factor in graduate school admissions, but strikes down the notion of minimum racial “quotas.”
Gratz v. Bollinger, 2003
Struck down the University of Michigan’s heavy use of racial preferences in undergraduate admissions.
Shaw v Reno, 1993
Prohibits using race as a factor when redistricting (gerrymandering).
United States v. Virginia, 1996
Under the 14th Amendment’s Equal Protection Clause the Court held that Virginia Military Institute’s male-only admissions policy was unconstitutional.
Baker v. Carr, 1962
Establishes the principle of “one man, one vote,” by declaring that legislative districts must be as near as possible in population (protects against aggressive gerrymandering).
Lawrence v. Texas, 2003
Strikes down state laws banning homosexual activity as unconstitutional violations of the right to privacy. Overturns Bowers v. Hardwick, 1986.
Obergefell v. Hodges, 2015
Landmark case institutionalizing the right of same-sex couples to marry.
United States v. Miller, 1938
The Supreme Court stated that the Second Amendment does not guarantee an individual the right to keep and bear a sawed- off double barrel shotgun because its possession does not have a reasonable relationship to the preservation or efficiency of a well-regulated militia.
District of Columbia v. Heller, 2007
The Court ruled that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.
McDonald v. City of Chicago, 2010
Strikes down gun bans by arguing that the Second Amendment applies to the states because it is incorporated by the Fourteenth Amendment’s Privileges and Immunities or Due Process clauses.
United States v. Lopez, 1995
Overturns a 1990 “Gun-free School Zone” law on the basis that Congress erroneously used the Commerce Clause to justify the limitation of 2nd Amendment rights.
