required court cases govt Flashcards
National Supremacy
Established national supremacy; established implied powers; use of elastic clause; state unable to tax fed. Institution; John Marshall; “the power to tax the power to destroy”
McCulloch v. Maryland (1819)
The Commerce Clause
Gun Free School Zones Act exceeded Congress’ authority to regulate interstate commerce.
U.S. v. Lopez (1995)
The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion. (The New York State Board of Regents authorized a short, voluntary prayer for recitation at the start of each school day. A group of organizations joined forces in challenging the prayer, claiming that it violated the Establishment Clause of the First Amendment. The New York Court of Appeals rejected their arguments.
engle v vitale
individual’s interests in the free exercise of religion under the First Amendment outweighed the State’s interests in compelling school attendance beyond the eighth grade
prosecuted under a Wisconsin law that required all children to attend public schools until age 16. The three parents refused to send their children to such schools after the eighth grade, arguing that high school attendance was contrary to their religious beliefs.
wisconsin v yoder
The Court took the position that school officials could not persecute students only on the suspicion that the speech might!! disrupt the learning environment.
During their suspension, the students’ parents sued the school for violating their children’s right to free speech. The U.S. The District Court for the Southern District of Iowa sided with the school’s position, ruling that wearing the armbands could disrupt learning.
tinker v des moines
nyt won because the US government had not met “the heavy burden of showing justification for the enforcement” of prior restraint.
the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. The President argued that prior restraint was necessary to protect national security. This case was decided together with United State
nyt vs us
Schenck was charged with conspiracy to violate the Espionage Act of 1917 by attempting to cause insubordination in the military and to obstruct recruitment. s v. Washington Post Co.
schenk vs us
The Sixth Amendment’s guarantee of a right to assistance of counsel applies to criminal defendants in state court by way of the Fourteenth Amendment.
Clarence Earl Gideon was charged in Florida state court with felony breaking and entering. When he appeared in court without a lawyer, Gideon requested that the court appoint one for him. According to Florida state law, however, an attorney may only be appointed to an indigent defendant in capital cases, so the trial court did not appoint one. Gideon represented himself in trial. He was found guilty and sentenced to five years in prison. Gideon filed a habeas corpus petition in the Florida Supreme Court, arguing that the trial court’s decision violated his constitutional right to be represented by counsel. The Florida Supreme Court denied habeas corpus relief.
gideon v wainwright
The Due Process Clause of the Fourteenth Amendment protects against state action the right to privacy, and a woman’s right to choose to have an abortion falls within that right to privacy. A state law that broadly prohibits abortion without respect to the stage of pregnancy or other interests violates that right.
roe v wade
The Supreme Court reversed the Seventh Circuit, holding that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states.
Several suits were filed against Chicago and Oak Park in Illinois challenging their gun bans after the Supreme Court issued its opinion in District of Columbia v. Heller. The plaintiffs argued that the Second Amendment should also apply to the states. The district court dismissed the suits. On appeal, the U.S. Court of Appeals for the Seventh Circuit affirmed.
mcdonald v chicago
The Supreme Court overruled Austin v. Michigan Chamber of Commerce and portions of McConnell v. FEC. (In the prior cases, the Court had held that political speech may be banned based on the speaker’s corporate identity.)
Citizens United argued that: 1) Section 203 violates the First Amendment on its face and when applied to The Movie and its related advertisements, and that 2) Sections 201 and 203 are also unconstitutional as applied to the circumstances.
Citizens United v. Federal Election Commission
Separate but equal educational facilities for racial minorities is inherently unequal, violating the Equal Protection Clause of the Fourteenth Amendment.
brown v boe
the Court held that there were no such questions to be answered in this case and that legislative apportionment was a justiciable issue.
baker v carr
Although North Carolina’s reapportionment plan was racially neutral on its face, the resulting district shape was bizarre enough to suggest that it constituted an effort to separate voters into different districts based on race.
shaw v reno
judicial review marbury v madison
