Secondary Cases Flashcards
Everson v. Board of Education (1947)
Upheld a state law that provided for tax supported busing of students not only to public schools, but also to religious (Catholic) schools
Westside School District v. Mergens (1990)
If a public school permits other after school non-curricular clubs to meet, it may not prevent religious clubs from also meeting on school property. Upheld the Equal Access law.
Rosenberger v. Univ. of Virginia (1995)
Granted equal access to university funds to a Christian publication which was also available to other secular university publications. 5-4 decision. Denial of funds amounted to viewpoint discrimination.
Agostini v. Felton (1997)
Court modified Lemon Test, ruling that public school employees could provide remedial services in a parochial (religious) school. State aid to religious schools is okay if granted on neutral and nonsectarian grounds.
Cantwell v. Connecticut (1940)
Jahovah’s Witnesses were soliciting material in a Catholic neighborhood. Gov’t passed law requiring special permits for religious solicitation (but not secular solicitation). Law unconstitutional. Incorporated Free Exercise Clause.
Hazelwood v. Kuhlmeier (1987)
School administrators can censor school sponsored newspapers as long as the editorial control is “reasonably related to legitimate pedagogical concerns.”
Terry v. Ohio (1968)
Supreme Court decision endorsing police officers’ authority to stop and frisk suspects on the street when there is reasonable suspicion (but not probable cause) that they are armed and involved in criminal activity.
Kelo v. New London (2002)
Governments may use eminent domain to take private property w/ just compensation if taking the property will benefit the public, even if it’s not being taken for “public use”, which is the wording of the Constitution.
Furman V Georgia (1972)
The supreme Court ruled that capital punishment was “ cruel and unusual punishment” since at the time it was imposed in an arbitrary and often racially biased manner. States later addressed the Court’s concerns and capital punishment resumed.
Gregg v. Georgia (1976)
The Supreme Court ruled that capital punishment was not “ cruel and unusual punishment”, reversing the Furman v Georgia decision as long as guidelines were provided to juries in deciding whether to sentence someone to death.
Virginia v Atkins (2002)
The Supreme Court ruled that the execution of mentally retarded defendants constituted cruel and unusual punishment and was therefore unconstitutional.
Webster v. Reproductive Health Services (1989)
Although not overturning Roe v. Wade, the Court permitted Missouri restrictions on abortion such as not permitting public employees or facilities to be used unless necessary to save life of mother and requiring viability testing after the 20th week of pregnancy.
Regents v. Baake (1978)
Affirmative action programs setting aside a certain number of seats for minorities (a quota system) was a violation of 14th amendment’s equal protection clause.
Bush v. Gore (2000)
The court ruled that hand recounts of presidential ballots in the 2000 election could not proceed because inconsistent evaluation standards in different counties violated the equal protection clause. In effect, the ruling meant Bush would win the election.
Maryland v. Craig (1990)
The Court ruled that, constitutionally, the testimony of a six-year-old alleged child abuse victim via one-way closed circuit television was permissible, regardless of the 6th amendment right to face one’s accusers.
