Social Studies: Court & Court Cases Flashcards
Schenck v. United States (1919)
World War I-era case held that the First Amendment’s protections of freedom of speech and the press can be limited if the words used create a “clear and present danger.”
Created the “clear and present danger” test for speech.
Schenk violated the Espionage Act of 1917 distributing anti-draft flyers
Wesberry v. Sanders (1964)
1964 case under the Chief Justice Earl Warren court
Clarified “one person one vote” by ruling that each House congressional district must have similar population sizes.
Held that Georgia violated the 14th Amendment.
Marbury v. Madison (1803)
1803 case under the Chief Justice John Marshall court
- Establishes judicial review by allowing the Court to strike down unconstitutional laws and establishes the Court as the chief interpreter of the Constitution.
- Establishes the Supreme Court as a co-equal branch of government.
- Found that Section 13 of the Judiciary Act of 1789 was unconstitutional.
Plessy v. Ferguson (1868)
- This is one of several cases about equal protection.
- Holds that racially segregated facilities are constitutional as long as they are seperate but equal.
- Eventually overturned by Brown v. Board of Education of Topeka, KS
Homer Plessy, a mixed race man boarded a white-only traincar in NOrleans
Korematsu v. United States (1944)
- Holds that Japanese internment camps do not violate the constitution.
The dissents in this case are still talked about today.
Dred Scott v. Sandford (1857)
1857 case under Chief Justice Roger Taney
Ruling occurred under 15th President James Buchanan
- Congress has no authority to prohibit slavery in federal territories.
- Holds that African Americans, whether enslaved or free, are not citizens of the United States.
- Declared the Missouri Compromise unconstitutional. (The Missouri Compromise prohibited all slavery in the north.)
Texas v. Johnson (1989)
1989 court case under Chief Justice William Rehnquist
- This is one of several freedom of speech cases.
- Found that flag burning is protected symbolic, political speech under the First Amendment.
McCulloch v. Maryland (1819)
1819 court case under Chief Justice John Marshall
Ruling occurred under President James Monroe
- John Marshall rules that federal government has the power to create a national bank and that** states cannot tax the federal government.**
- Expanded the power of the federal government
- Established implied powers or powers of the federal government not explicitly laid out in the Constitution.
Maryland tried to tax the national bank. Gov was like, “nope.”
Gideon v. Wainwright (1963)
1963 court case under Chief Justice Earl Warren
- This is one of several cases about due process.
- The right to legal counsel must be extended to anyone accused of a felony by the Sixth Amendment, even “indigent defendents” (those that cannot afford a defense attorney.
Cherokee Nation v. Georgia (1831)
1831 court case under Chief Justice John Marshall
Held that native tribal land is sovereign and that the state of Georgia could not impose its laws within the Cherokee Nation’s territory.
Baker v. Carr (1962)
1962 court case under Chief Justice Earl Warren
- This is one of several cases about equal protection.
- Clarifies one person one vote and gives federal courts the right to ensure fair redistricting in elections.
Munn v. Illinois (1876)
The government can regulate private property and businesses if it serves the public interest.
Allowed the US to set up many regulatory agencies: EPA, FDA, etc.
Gibbons v. Ogden (1824)
1824 court case under John Marshall
Establishes Congress’ ability to regulate interstate commerce.
Roe v. Wade (1973)
1973 court case under Chief Justice Warren Burger
Protects a woman’s right to have an abortion.
The court cited the right to privacy under the due process clause of the 14th Amendment.
Brown v. Board of Education of Topeka, KS (1954)
1954 court case under Earl Warren
- Seperate, segregated facilities are inherently unequal.
- Avenged the injustice of Plessy v Ferguson
Mapp v. Ohio (1961)
1961 court case under Chief Justice Earl Warren
Involves the exclusionary rule: evidence illegally seized or gathered may not be admitted in court.
Trustees of Dartmouth College v. Woodward (1819)
1819 court case under John Marshall
Sanctity of contracts: This is a case about how the government can’t intervene to break private contracts, but you should know that it’s yet another John Marshall case.
New York Times v. Sullivan (1964)
1964 court case under Earl Warren
Addresses issues of libel (false statements made in a permanent format such as writing).
The Court held that the 1st Amendment protects all statements, even false ones, about the conduct of public official except when the statement is made with actual malice.
Lemon v. Kurtzman (1971)
1971 court case under Warren Burger
Public aid to church-related schools must have a primary effect that neither advances nor inhibits religion.
John T. Scopes “Monkey Trial” (1925)
Four mentions: purpose, year, defense attorney, debate
illustrated the cultural conflict between religious fundamentalism and scientific modernism.
John Scopes, a substitute teacher, was sued by Tennessee for teaching evolution.
His lawyer, a famous and controversial defence attorney Clarence Darrow debated three-time failed Presidential candidate William Jennings Bryan as a publicity stunt.
Miranda v. Arizona (1966)
1966 court case under Earl Warren
- This is one of several cases about due process.
- This protects against self-incrimination. “You have the right to remain silent…”
Gregg v. Georgia (1976)
1976 court case under Chief Justice Warren Burger
Capital punishment is not cruel and unusual punishment.
Engel v. Vitale (1962)
1962 court case under Chief Justice Earl Warren
It is unconstitutional for state officials to encourage prayer in public schools.
* (Extra Non-Essential Info: New York wanted to compel students to say “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our Country” after the pledge.)
Abington School District v. Schempp (1963)
Court case under Chief Justice Earl Warren
Mandatory religious activity such as Bible readings or the recitation of the Lord’s Prayer is unconstitutional.
Escobedo v. Illinois (1964)
1964 court case under Chief Justice Earl Warren
This is one of several cases about due process.
Suspects have a right to legal counsel specifically during police interrogations.
Just know that this is Warren. Right to counsel is Gideon v. Wainwright.
Tinker v. Des Moines (1967)
1967 court case under Chief Justice Earl Warren
- This is one of several cases about free speech.
- Court holds that students and teachers’ speech are protected while at school.
Students suspended for wearing anti-war armbands at school as protest.