Supreme Court Cases Flashcards
Marbury vs Madison
1803
Question: Who is the ultimate authority on the laws?
●Decision: the Supreme Court can strike down un-Constitutional laws. In a process called “Judicial Review.”
McCullough vs Maryland
1824
●Question: can the federal government start a national bank? And can a state tax this bank?
Yes. Can start bank .
No. Can’t state tax this bank
Gibbons vs Ogden
1824
●Question: how much power does the federal government have to regulate commerce? Can states challenge any of these federal powers?
●Decision: the federal government has broad powers to regulate “commerce” (which is not just buying and selling). States cannot create their own commerce regulation that interferes with federal commerce
Dred Scott vs Sanford
1857
●Question: can the federal government prohibit slavery in a free territory? Can a slave sue for freedom in court?
●Decision: a slave has no legal standing and cannot sue in court.
●Decision: Even though there already were free territories by this time, Congress really should not ban
Plessy v Ferguson
1896
●Question: is the racial segregation of public facilities a violation of the “equal protection” clause of the 14th Amendment?
●Decision: No. Separate but equal is permitted in public facilities.
Lochner vs New York
1904
●Question: can a state limit the number of hours that employees can work in a private business?
●Decision: a state cannot interfere with the work week hours in a private business.
Schenck vs United States
1919
●Question: during wartime, are certain antiwar messages protected by the 1st Amendment (“free speech”)?
●Decision: speech can be restricted if it creates a “clear and present danger.” Such as “crying ‘fire’ in a crowded theater.”
Brown vs Topeka Board of Education
1954
●Question: are racially segregated schools a violation of the “equal protection” clause in the 14th Amendment?
●
Decision: Yes. Racial segregated schools “have no place” in America. Schools should be de-segregated “with all due speed” (no specific timetable given).
BAKER v CARR
1962
The Supreme Court can hear cases of re-districting
If states are re-districting unfairly, the 14th Amendment / equal protection clause has been violated.
Gideon vs Wainwright
1963
●Question: should a person charged with a felony, but who is unable to afford an attorney, be assigned one by the state?
●Decision: yes. Attorneys are necessary in court proceedings. - Beginning of public defender system
Miranda vs Arizona
1966
●Question: are police required to inform people of their right to remain silent? And of their right to an attorney?
●
Decision: Yes. According to the 5th and 6th Amendments, persons suspected of a crime must be informed of the charges and of their rights.
Tinker vs Des Moines
1969
●Question: can schools ban students from wearing black arm bands to protest the Vietnam War?
●Decision: No. Students “do not shed their right to free speech at the schoolhouse door.” Unless the protest or speech is disruptive of the school or of the learning process, it cannot be prohibited.
Roe vs Wade
1973
●Question: does the Constitution prohibit laws that restrict a woman’s access to abortion?
●Decision: No. The Constitution has an implied right to privacy. Abortions are Constitutional if in the early stages of pregnancy. Protected by the “equal protection” clause of the 14th Amendment
Regents of the University of California vs Bakke
1978
Question: can an institution of higher learning use race as a factor of admission to the institution?
●
Decision: race can be used. Specific quotas cannot be used to create a diverse student body.
●*This has been upheld by Gratz v. Bollinger and Grutter v. Bollinger. Race can be a factor. The institutional policy cannot create an automatic preference based on race.
Planned Parenthood vs Casey
1992
Upheld a woman’s right to an abortion as seen in Roe v Wade.
