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.
In re Gault (1967)
1967 court case under Chief Justice Earl Warren
(“In re” means “in the matter of:”)
- This is one of several cases about due process.
- Court held that juvenilles are afforded the same due process rights (Miranda rights, right to know charges, confront accusers, fair trial, etc.) as adult defendants.
Jerry Gault, 15, was sentenced to 6 years in prison for prank phone call
Estes v. Texas (1965)
1965 court case under Chief Justice Warren
This is one of several cases about due process.
The court held that televising the trial of a man accused of fraud violated his right to a fair trial under the sixth and fourteenth amendments.
New Jersey v. T.L.O. (1985)
1985 court case under Chief Justice Warren Burger
- Holds that public school officials can search a student’s belongings if they have reasonable suspicion of criminal activity.
A principal searched students’ backpacks for cigarettes.
Name three:
Cases about free speech
- Texas v. Johnson: Flag burning is protected speech.
- Schenk v. United States: Prohibits speech that results in a “clear and present danger”
- New York Times v. Sullivan: Protects all claims from libel charges, even false ones, about public officials if there is no malice.
(Also: Tinker v. Des Moines)
Name four:
Cases about equal protection
Seperate but Equal, Internment Camps, One Vote, Seperate Isn’t Equal
- Brown v. Board of Education: “Seperate but Equal” isn’t equal.
- Korematsu v. United States: Japanese Internment camps are constitutional.
- Plessy v. Ferguson: Seperate facilities segregated by race are constitutionally allowed.
- Baker v. Carr: “One Person One Vote”; federal courts can regulate redistricting.
Name three:
Cases about due process
Right to legal counsel, remain silent, abortion
- Miranda v. Arizona
- Roe v. Wade
- Gideon v. Wainwright
Lesser extent: Estes v. Texas (televised trial),
Name three:
Cases about establishment clause (religion)
Can’t mandate Bible study or prayer, funding can’t advance religion.
- Abington School District v. Schempp: Mandatory relgious activity is unconstitutional.
- Lemon v. Kurtzman: public funding can’t advance or inhibit the practice of religion.
- Engel v. Vitale: State can’t encourage reciting of prayer.
Reflex:
“Clear and Present Danger”
Schenk v. United States
Reflex:
“Flag Burning”
Texas v. Johnson
Reflex:
“Implied Powers”
McCulloch v. Maryland
“Libel”
New York Times v. Sullivan
Reflex:
“Mandatory Bible Reading in School”
Abington School District v. Schempp
Reflex:
“Prayer in School”
Engel v. Vitale
Reflex:
“Legal Counsel”
Gideon v. Wainwright
Reflex:
“Seperate but Equal”
Plessy v. Ferguson
Reflex:
“Judicial Review”
Marbury v. Madison
Reflex:
“Co-Equal Branch”
Marbury v. Madison
Reflex:
“One Person One Vote”
Baker v. Carr
Reflex:
“Interstate”
Gibbons v. Ogden
(Think: GO! G: Gibbons, O: Ogden)
Reflex:
“Overturned”
Brown v. Board of Education overturned Plessy v. Ferguson
Reflex:
“Bank”
McCulloch v. Maryland
Reflex:
“Seperate but Equal is Not Equal”
Brown v. Board of Education
“Exclusionary Rule”
Mapp v. Ohio
Reflex:
“Sanctity of Contracts”
Trustees of Dartmouth College v. Woodward
Chief Justice
John Marshall
Term: 1801 - 1835
Who appointed him? Did rulings limit or expand federal government?
- Appointed by John Adams (2nd President)
- Issued rulings that expands the federal government.
Name four landmark court rulings under:
John Marshall
(Think: old, early America cases - early 1800s)
- McCullogh v. Maryland: Implied powers; states can’t tax the federal government (National Bank).
- Gibbons v. Ogden: Interstate commerce
- Marbury v. Madison: Judicial review, Supreme Court is co-equal branch.
- Cherokee Nation v. Georgia: States can’t enforce law on tribal land.
Appears once: Fletcher v Peck, Cohens v. Virginia
Fletcher:
Name four landmark cases:
Warren Burger
Abortion, student belongings, aid to schools re:religion, death penalty
- Roe v. Wade: Women’s right to an abortion
- New Jersey v. TLO: Student belongings can be search if there’s a suspicion of illegal activity.
- Lemon v. Kurtzman: Tax-payer funds can only go to religious schools if the purpose neither advances or inhibits religious activity.
- Gregg v. Georgia: The death penalty is not cruel and unusual punishment.
Chief Justice
John Jay
(Term: 1789 - 1795)
None of his court cases are answers to questions.
- The first Chief Supreme Court Justice
- Considered a Founding Father
- Authored the Federalist Papers with Madison, Hamilton
Chief Justice
Earl Warren
(Term: 1953 - 1969)
Who appointed him? What were his roles before Chief Justice?
- Appointed by 34th President Dwight Eisenhower
- Served as Governor of California three times
- Republican VP Nominee in 1948 under Thomas Dewey, lost to 33rd President Harry Truman.
Name four landmark cases under:
Earl Warren
(Think: Civils rights and due process cases of 1960s)
- Brown v. Board of Education: “Seperate but equal is not equal” case that overturned Plessy v. Ferguson.
- Miranda v. Arizona: “You have the right to remain silent…” (etc.)
- Gideon v. Wainwright: The right to legal representation in court.
- Escobedo v. Illinois: Right to legal representation even during police interrogations.
Chief Justice
Warren Burger
(Term: 1969 - 1986)
Who appointed? Best known case? How did his court affect the “exclusionary rule”?
- Appointed by 37th President Richard Nixon
- Best known as Chief Justice for Roe v. Wade
- The Burger Court ruled that the exclusionary rule could be excepted if information was seized mistakenly by police “in good faith”
The exclusionary rule exception is US v. Leon, but that case is never mentioned.
Chief Justice
Roger Taney
The Civil War Chief Justice: (Term: 1836-1864)
Major court case? Prior positions in gov?
- Was chief justice in Dred Scott v. Sandford when the US Supreme Court declared the Missouri Compromise unconstitutional.
- Prior to his appointment as Chief Justice, Attorney General Taney, drafted a paper supporting withdrawal of federal funds from the Second Bank of the US and was subsequently named Secretary of the Treasury.
Supreme Court Firsts:
The first female justice of the US Supreme Court.
Sandra Day O’Connor
(Appointed in 1981.)
Supreme Court Firsts:
The first Black justice of the US Supreme Court
Thurgood Marshall
Supreme Court Firsts:
The first and only Supreme Court Justice to be impeached.
Samuel Chase
Define:
Habeas Corpus
A court order that a prisoner be brought before the court to show cause why the prisoner should be held.
Latin for: “show me the body”
The number of Justices on the Supreme Court
Nine
This is the constitutionally mandated term length for a Supreme Court justice.
Life
The Supreme Court convenes on the first Monday of this month every year to start its session.
October
Supreme Court Firsts:
This president appointed the first Jewish Supreme Court justice.
28th President Woodrow Wilson
As of 2024, this number of Supreme Court justices have been women.
Six: Sandra Day O’Connor, Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, Ketanji Brown Jackson
