Landmark SCOTUS Cases

Question 1

Citizens United v. Federal Election Commission (2010)

Answer 1

Gave corporations the same First Amendment rights as ordinary citizens; allowed them and superPACs to spend unlimited amounts of money on political campaigns. First Amendment and Bipartisan Campaign Reform Act called into question.

Question 2

Miranda v. Arizona (1965)

Answer 2

In order to use a confession in court, the prosecution must prove that the defendant was aware of their rights, and waived them knowingly. Fifth Amendment called into question.

Question 3

Gregg v. Georgia (1976)

Answer 3

The death penalty is not cruel and unusual punishment for murder. The character/past behavior for a defendant can also be used in determining a verdict. Eighth Amendment called into question.

Question 4

United States v. Nixon (1974)

Answer 4

Presidential Executive Privilege is not absolute; it can’t avoid judicial review in justice matters. Article 4 called into question.

Question 5

Elk Grove Unified School District v. Newdow (2004)

Answer 5

No constitutional questions, though it did rule that requiring teachers to lead the Pledge of Allegiance is constitutional.

Question 6

New Jersey v. TLO (1984)

Answer 6

Students do have a right to privacy, but that right is waived when safety is a concern. School officials are bound by constitutional restrictions when it comes to searching personal property. Fourth Amendment called into question.

Question 7

Wolf v. Colorado (1948)

Answer 7

Illegally obtained evidence could be used in state court to convict a defendant, but not in federal. (Mapp v. Ohio overturned this)

Question 8

Gitlow v. New York (1925)

Answer 8

First Amendment freedom of speech also applies to state governments. First instance in which the Fourteenth Amendment held the federal and state governments to the same standard.

Question 9

Wallace v. Jaffree (1984)

Answer 9

School led prayer is in violation of the Establishment Clause of the First Amendment and is prohibited

Question 10

Gibbons v. Ogden (1824)

Answer 10

Authority to regulate interstate commerce belongs to Congress, not the states. Case expanded congressional powers. Article 1 in question.

Question 11

Kelo v. City of New London (2005)

Answer 11

Strengthens the power of the federal government and its corporations by allowing them to buy private property and reuse it for public benefit. Fifth Amendment in question.

Question 12

Roper v. Simmons (2005)

Answer 12

The death penalty is reserved for murderers over the age of 18. Eighth and Fourteenth Amendment in question.

Question 13

New York Times v. Sullivan (1964)

Answer 13

Case that made libel of public officials much harder to prove than normal; grants the press the ability to express their opinion on officials, but only if that opinion is rooted in fact. First and Fourteenth Amendment in question.

Question 14

Mapp v. Ohio (1961)

Answer 14

Neither the federal government nor the states can use illegally obtained evidence in court, because it violates the incorporated Fourth Amendment.

Question 15

Engel v. Vitale (1962)

Answer 15

Prayers cannot be created by the public school system because it violates the Establishment Clause of the First Amendment

Question 16

Gideon v. Wainwright (1963)

Answer 16

A criminal defendant MUST have legal counsel to uphold the principle of “fair trials” established in the Sixth Amendment.

Question 17

Texas v. Johnson (1989)

Answer 17

Right to free speech expanded to include symbolic speech, i.e. flag burning

Question 18

Lemon v. Kurtzman (1971)

Answer 18

Going forward, laws concerning religion and education will likely be considered unconstitutional. Established the Lemon Test.

Question 19

Everson v. Board of Education (1946)

Answer 19

The government can indirectly support religious schools i.e. through a busing reimbursement.

Question 20

Dennis v. United States (1951)

Answer 20

Freedom of speech can be restricted if the speech is so grave that it presents a credible threat to national security.

Question 21

Griswold v. Connecticut (1965)

Answer 21

Couples have the right to receive advice on their relationship without federal or state interference.

Question 22

Gonzales v. O Centro Espirita Benficiente Uniao do Vegetal (2005)

Answer 22

The use of the drug hoasca is legal for religious purposes, because the attorney general failed to prove its harmful effects and the law was not narrowly tailored to exclude it.

Question 23

Schneck v. United States (1919)

Answer 23

Freedom of speech is limited during wartime.

Question 24

Tinker v. Des Moines (1969)

Answer 24

Symbolic speech is schools is protected, as long as it is not disruptive.

Question 25

Roe v. Wade (1973)

Answer 25

Abortions are legal, but state laws that restrict them are also legal.

Question 26

New York Times v. United States (1971)

Answer 26

Prohibits prior restraint (censorship) of newspapers, allowing NYT to publish the damaging Pentagon Papers.

Question 27

University of California v. Bakke (1977)

Answer 27

Affirmative action is permissible in some cases, and is subject to intermediate scrutiny. Racial quotas cannot be used.

Question 28

Hazelwood school district v. Kuhlmeier (1987)

Answer 28

Ruled that prior restraint of the school newspaper was constitutional if the subject matter impeded the learning process.

Question 29

Near v. Minnesota (1931)

Answer 29

With a few exceptions, the government cannot censor a publication in advance, even if the subject matter could be punishable after publication.

Question 30

Vernonia School District v. Acton (1995)

Answer 30

Students do not have access to all of the rights afforded to them by the BOR. Therefore, random drug testing of high school athletes is legal, because there is probable cause for the “search”.

Question 31

Korematsu v. United States (1944)

Answer 31

The internment of Japanese American citizens was constitutional because of emergency circumstances. Fifth amendment in question.

Question 32

Employment division v. Smith (1990)

Answer 32

The drug peyote was still illegal, even if used for religious purposes. This was due to the narrowly tailored controlled substance law, which specifically outlawed an ingredient found in peyote.

Question 33

Barron v. Baltimore (1833)

Answer 33

Established the fact that the BOR only applied to the federal government, and not the state. Fifth amendment in question.

Question 34

Furman v. Georgia (1972)

Answer 34

Some forms of capital punishment are illegal due to being arbitrary and racially biased. Others are illegal simply because they are outdated and now recognized as cruel, such as death by hanging.