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Court Cases
| Question | Answer |
|---|---|
| Established Judicial Review | Marbury v Madison |
| Sets standard that Federal Gov't is supreme to State gov't and that SC can establish a bank under the Necessary and Proper Clause | McCulloch v Maryland |
| Holds that states cannot tax each other and that Federal gov't can regulate interstate trade | Gibbons v Ogden |
| Unqualified presidential immunity in regards to communication does not exist under Executive Privilege | Us v Nixon |
| Held that presidents are not immune to civil litigation except under highly unusual circumstances | Clinton v Jones |
| Held that Federal gov't cannot regulate local law enforcement agencies to conduct background checks on potential gun buyers under the Necessary and Proper Clause | Printz v US |
| Declared the Line Item Veto unconstitutional | Clinton v New York |
| Ruled that reciting a prayer, even if voluntary, at the beginning of a public school day in violation of the Establishment Clause of the 1st Amendment | Engle v Vitale |
| Held that public schools could not require students to participate in bible readings as it violated the Establishment and Free Exercise Clauses of the 1st Amendment | Abington School District v Schempp |
| Ruled that Alabama law authorizing teachers to conduct religious prayer sessions during school violated the Establishment Clause | Wallace v Jaffree |
| The case whether "Under God" in the pledge violated the Establishment Clause; dismissed the case, question unanswered | Elk Grove Unified School District v Newdow |
| Ruled that the Amish religion outweighed the state's interest in mandating school until age 16 because it was a violation of the Free Exercise Clause of the 1st Amendment | Wisconsin v Yoder |
| Ruled in a violation of the Free Exercise Clause by banning animal sacrifice, because it related specifically to this church | Church of the Lukumi Babalu Aye v City of Hialeah |
| Religious speech is protected, even door to door, and cannot be regulated as it violates the 1st and 14th Amendments | Cantwell v Connecticut |
| Does a statue with the 10 Commandments on gov't property in Texas violate the Establishment Clause? No, in a 5-4 ruling - it did not because its historical meaning and its lack of promoting a specific message | Van Orden v Perry |
| Speech that will normally be protected during peacetime faces different scrutiny during war time | Schenck v US |
| Ruled that the 1st Amendment does apply to states via the 14th Amendment. (distribution of anti-government pamphlets) | Gitlow v New York |
| Compulsory falg salute violates 1st Amendment. Justice Jackson, "if there is any fixed star in our constitutional constellation, it is that no official high or petty, can prescribe what shall be orthodox in politics, nationalism, religion | West Virginia State Board of Education v Barnette |
| Held that symbolic speech was protected as free speech even in a school, so long as it does not interfere with school discipline | Tinker v Des Moines |
| Court ruled that law violated KKK members 1st Amendment rights. 2 prongs to test. 1. is it directed at inciting imminent lawless action. 2. is it likely to incite these actions | Brandenburg v Ohio |
| Obscene materials are not protected by 1st Amendment. 3 prongs to test. 1. would the average person find it appealing to the purient interest. 2.does the work describe anything sexually breaking state law 3. does the work have any intellectual value | Miller v California |
| Ruled that burning the flag is constitutional by the 1st amendment. Gov't may not prohibit an idea just b/c society finds it offensive or disagreeable | Texas v Johnson |
| The 1996 Communications Decency Act was unconstitutional b/c it was too broad and did not prove adults would be unaffected | Reno v ACLU |
| Individual contribution limits on political campaigns did not violate the 1st Amendment since limitations enhance integrity. Also rules that personal , individual or family, expenditures were in violation of the 1st Amendment | Buckly v Valeo |
| Held that congressional expenditures limitations are constitutional | Colorado Republican Federal Campaign Committee v FEC |
| Establish that gov't could not censor or prohibit a publication in advance, even if the communication might be punishable after publication in a criminal or other proceeding | Near v Minnesota |
| Held that the 1st Amendment protects the publication of all statements, false or true, about the conduct of public officials except when statements are made with actual malice | New York Times v Sullivan |
| "Pentagon Papers" Case. Held that president, Nixon at the time, could not stop publication b/c they would not cause inevitable, direct, and immediate action imperiling the safety of American forces | New York Times v US |
| Public figures can still collect and sue under Libel laws as long as they can prove the publication contained a false statement of fact which was made with "actual malice" | Hustler v Falwell |
| Held that schools must be able to set high standards for student speech disseminated under their auspices, and that schools retained the right to refuse to sponsor speech that was inconsistent with the shared values of civilized social order | Hazelwood v Kulmeier |
| Ruled that a private institution can allow or not allow whomever in a parade, as it is a protection of their freedom of speech | Hurley v Irish American Gay Group of Boston |
| Ruled that Village cannot put limits on protests or marches, even if their message is unpopular | Village of Skokie v National Socialist Party/ Smith v Colin |
| Ruled that evidence obtained in violation of 4th Amendment could not be used in court. Evidence found by 1st amendment violations not even mentioned b/c they were illegally atained | Mapp v Ohio |
| Ruled that school fall under reasonable suspicion instead of probable cause when conducting searches | New Jersey v T.L.O. |
| The Court outlined the necessary aspects of police warnings to suspects, including warning of the right to remain silent and the right to have counsel present during interrogation | Miranda v Arizona |
| Ruled that the right to an attorney is a fundamental right and essential to a fair trial | Gideon v Wainwright |
| Declared slaves not to have citizenship, thus were property. Declared Missouri Compromise unconstitutional | Dred Scott v Sandford |
| Separate but Equal | Plessy v Ferguson |
| Declared separate but equal unconstitutional | Brown v Board of Education |
| Ruled in favor of Federal Gov't. Held that the need to protect against espionage outweighed the plaintiff's rights. Compulsory exclusion is justified only in times of emergency and peril | Korematsu v US |
| Case deals with gender/age to distribute beer. Held that the statute made unconstitutional gender classifications | Craig v Boren |
| Outlawed male-only schooling at this military university | US v Virginia |
| Held that race can be a factor in deciding admission in graduate school...no majority | Regents of the University of California v Bakke |
| Established a right to privacy in marital relations | Griswold v Connecticut |
| Legalized abortion in the first or second trimester | Roe v Wade |
| Reaffirmed Roe v Wade and imposed a new standard of "Undue Burden" citing in this case it was constitutional to require a waiting period of 24 hours before an abortion and for a minor to get consent prior to the abortion | Planned Parenthood v Casey |
| Left the decision of the physician assisted suicide in the hands of the doctor if the state law allowed | Gonzales v Oregon |
Created by:
mchrisman9
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