Landmark cases Flashcards
State what the case is about, what year and which part of the constitution it did/ did not violate
Plessy V Ferguson
1896
SC ruled that racial segregation laws did not violate the constitution, provided justification for racial segregation on transport and in public facilities.
Upheld Louisiana state law
notion of ‘separate but equal’ doctrine was established
Marshall court
State what the case is about, what year and which part of the constitution it did/ did not violate
Dred Scott V. Sandford
1857
SC held that the constitution was not meant to include citizenship for people of African American descent
Occurred several years prior to the the civil war ( 1861-65)
since been overturned by the ratification of the 13th,14th,15th amendments
State what the case is about, what year and which part of the constitution it did/ did not violate
Brown V. Board of education (Topeka)
1954
The SC ruled that segregation in schools was ‘inherently unequal’, thus violating the 14th amendment equal protection clause.
Partially overturned Plessy V Ferguson, declared that the notion of ‘separate but equal’ was unconstitutional
essentially banned segregation in schools
Warren court
State what the difference is between de jure segregation and de facto segregation
De jure - legal segregation of groups based on law (this was banned by Brown v Board)
De facto - legislation did not overtly segregate students by race, but nevertheless school segregation continued. ( banned by Swann V charlotte- Mecklenburg board)
State what the case is about, what year and which part of the constitution it did/ did not violate
Swann V. Charlotte Mecklenburg board of education
1971
Supreme court unanimously upheld busing programmes to speed up racial integration of schools
This ruled as it was protected under the 14th amendment equal protection clause
ended de facto segregation
North Carolina
Burger court
State what the case is about, what year and which part of the constitution it did/ did not violate
Roe V wade
1973
The supreme court ruled that the 14th amendment protects a woman’s right to have an abortion
‘right to privacy’
effectively legalised abortions, although ‘Jane Roe’ never had the abortion due to the 3 years it took for a supreme court ruling
Burger court
What is a limitation to SC rulings, what limits their activism
Rely on Congress and the executive branch to enforce them.
The supreme court carries no legislating power, only judicial review.
Seen with segregation, 1963, Governor of Alabama stopped African American students from entering school, as a response the fed Government deployed the national guard
In Virginia, senator Harry F.Bryd organised the ’massive resistance’
How has Roe V Wade been partially overturned, or limited
Webster V reproductive health service, 1989, the court upheld a Missouri state law forbidding the involvement of any ‘public employee’ or ‘public facility’ in the performance of an abortion, essentially this ruling began to erode away ruling of roe v wade. Rehnquist
This was also a seen in 1992, in planned parenthood of southeastern Pennsylvania V. Casey, where the court upheld a Pennsylvania state law that required Women to receive counselling before engaging in an abortion. Rehnquist
state the SC chief justices
2005 -
1986 - 2005
1969 - 1986
1953 - 1969
2005 - John Roberts
1986 - 2005 William Rehnquist
1969 - 1986 Warren Burger
1953 - 1969 Earl Warren
State what the case is about, what year and which part of the constitution it did/ did not violate
Schenck V United States
1919
Schneck protested that the WW1 draft violated the 13th amendment ‘involuntary servitude’. Arrested and charge on the grounds of the 1917 espionage act . Appealed in protest of 1st amendment rights.
SC held that the espionage act did not violate the 1st amendment, effectively enabling the suppression of 1st amendment rights during times of war
State what the case is about, what year and which part of the constitution it did/ did not violate
Korematsu V United States
1944
FDR’s executive order 9066, the authorisation of evacuation of all japanese americans into relocation camps.
SC upheld order, upholding a restriction of civil liberties, ruling that the order did not violate the 5th amendment
State what the case is about, what year and which part of the constitution it did/ did not violate
Engels V Vitale
1962
6-1
New York state law declared unconstitutional as it provided a prayer written by NY board of regents to schools
School-sponsored prayer in public schools violated the establishment of religion clause of the First Amendment.
Warren
State what the case is about, what year and which part of the constitution it did/ did not violate
Johnson V United states
1989
Johnson burnt the US flag outside Reagan’s republican national party convention, arrested by Texas’s state law against flag burning
SC ruled that this constituted as ‘symbolic speech’ protected by the 1st amendment
Rehnquist
State what the case is about, what year and which part of the constitution it did/ did not violate
Abingdon V Schempp
1963
SC delacred states unconstitutional for use of extracts from the bible
protecting 1st amendment rights
Warren
State what the case is about, what year and which part of the constitution it did/ did not violate
Zelman V Simmons - Harris
2002
court upheld a programme In Ohio that gave financial aid to parents to allow them to send children to religious schools.
This ‘school voucher’ program essentially payed parents to send children to religious schools
breached the wall between church and state
J Roberts
