Supreme Court Cases Flashcards
Do the plaintiffs have a right to receive their commissions/sue in court?
Established judicial review
Yes
Marbury v. Madison
Did Congress have the authority to establish the bank? And was the state law imposing taxes on it unconstitutional?
Yes and yes
McCulloch v. Maryland
Does the 5th amendment deny the states the right to take private property for public use?
No, because 5th amendment doesn’t apply to the states -ONLY fed gov’t.
Barron v. Baltimore
Forbid guns in school zones under Commerce Clause?
No, not an economic activity so Congress can’t control.
US v. Lopez
Is racial gerrymandering a violation of the Equal Protection Clause?
Yes
Miller v. Johnson
Did the Supreme Court have jurisdiction over questions of legislative apportionment?
No such questions to be answered, legislative apportionment can be brought to court itself.
Baker v. Carr
Did Georgia’s congressional districts violate the 14th Amendment or deprive citizens of full benefit of their right to vote?
Yes, it discriminated against voters’ “most precious right.”
Wesberry v. Sanders
Did the Nixon administration’s efforts to prevent the publication of what it termed “classified information” violate the 1st amendment?
Yes
New York Times v. US
Did the limits placed on electoral expenditures by the Federal Election Campaign Act of 1971 violate the 1st amendment’s freedom of speech?
Limits on individual contributions does not violate the 1st amendment. However, other limitations do not necessarily enhance corruption so restricting them isn’t a big enough issue.
Buckley v. Valeo
Hillary Movie: if communication lacks a clear plea to vote for/against a particular candidate, is it subject to regulation under the Bipartisan Campaign Reform Act?
Yes
Citizens United v. FEC
Did Alabama’s libel law, by not requiring ___ to prove that an advertisement personally harmed him and dismissing the same as untruthful due to factual errors, unconstitutionally infringe on the 1st Amendment’s freedom of speech/press protections?
First Amendment protects publications of ALL statements about public officials except when statements are made with actual malice.
New York Times v. Sullivan
Is the Pres’ right to safeguard certain info using his “executive privilege” confidentially power, entirely immune from judicial review?
No, limited executive privilege in areas of military/diplomatic affairs.
US v. Nixon
Does the reading of the nondenominational prayer at the start of the school day violate the “establishment of religion” clause of the 1st amendment?
Yes
Engel v. Vitale
Does the 6th amendment’s right to counsel in criminal cases extend to felony defendants in state courts?
Yes, poor, mean people get attorneys too!
Gideon v. Wainwright
Is the New York law punishing advocacy to overthrow the gov’t by force an unconstitutional violation of the free speech clause of the 1st amendment?
A state may forbid speech/publication if it can result in dangerous action to public security.
Gitlow v. New York