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Court Cases
| Question | Answer |
|---|---|
| Marbury v. Madison | 1803,judicial review, judiciary branch is capable of interpreting laws, increase the power of the judicial branch |
| McCulloch v. Maryland | 1819,federal supremacy, the states cannot tax gov agencies or officials |
| Gibbons v Ogden | 1824,interstate commerce, only congress can regulate interstate trade not the states |
| Barron v Baltimore | 1833,gov can take private property with just compensation, this was legal because the 5th amendment was not applicable to the states |
| Dred Scott v Sandford | 1856,african americans were not citizens under article 3 of the consitution, and also declared the Missouri Compromise unconstitutional |
| Plessy v Ferguson | 1895, "seperate but equal" under law the 14th amendment does want equal protection under law but does not allow for the abolishment of these distinctions |
| Schenck v US | 1918,clear and present danger clause, the 1st amendment does not protect words that cause danger, and in times of war, extra items might not be protected as well |
| Korematsu v US | 1944, the US gov can overide constitutional rights if it is deemed necessary to protect people in time of "emergeny and peril" although it may not be right |
| Brown v Board of Education of Topeka | 1952,overturned plessy v ferguson, 14th amendment does not in any way legalize the doctrine of seperate but equal |
| Mapp v Ohio | 1960, the 1st amendement does not protect evidence found illegally and this evidence cannot be used in court |
| Buckley v Valeo | 1975,contributions to politicians from individuals and businesses do not violate the 1st amend. And there is not a limit to how much money legislators can spend on their campaign |
| Regents of the University of California v Bakke | 1977, bakke applied for college and was a better candidate but got rejected while minorities were accepted, the court held that racial quotas violated the constitution |
| Gideon v Wainwright | 1962, Gideon could not afford a lawyer so represented himself, got jail, after the judges said that constitutionally under the 6th amend. everyone had a right to lawyer even if they could not afford one |
| Miranda v Arizona | 1965,under the 5th amendment people have a right to know their rights and have legal counsel when undergoing a legal prosecution |
| Griswold v Connecticut | 1964, based on contreception and marital privacy, the constitution does not actually contain a right to privacy however this case did create a new right to marital privacy |
| Roe v Wade | 1971, gave women complete abortion control for the first trimester, and defined practices for the second and third trimesters, affect 47 different states' laws |
| Baker v Carr | 1960, the act of reapportionment and more importantly constitutional violations of the states were to be judged and corrected by the supreme court |
| Gitlow v New York | 1922, socialist papers got a guy arrested, incorporate 1st amendment to the states, also said that even if words did not cause clear and present danger if they were phrased such that they said something should be done that could be dangerous -> unconstit. |
| New York Times v Sullivan | 1963, all forms of words are protected even if they are false, unless they contain actual malice, |
| Engel V Vitale | 1961, because of the establishment clause prayer in school, which had been a regular tradition, was not allowed |
| Lemon v Kurtzman | 1970, can the gov pay for edu school church related items? Made the three part no-religion test, must have a legislative purpose, neither advance nor inhibit religion, nor have a lot of gov entanglement with religion |
| New Jersey v T.L.O | 1983,highschool girl was caught smoking then searched, found pot, was constitutional as they had reasonable suspicion as they found her smoking already |
| Gregg v Georgia | 1975, man convicted of robbery and murder sentenced to death, he claimed it was cruel and unusual punishment under the 8th and 4th amendments, decision: death punishment does not violate the cruel and unusual punsihment but requires a careful process |
| US v Nixon | 1974,does the pres have the power to wihthold and keep info private? No, there isn't a clause that gives pres right to withhold info, but there is limited privacy in military and diplomatic affairs under due process |
| Bush v Gore | 2000, Florida supreme court order hand ballots recounted as they could possibly affect the pres election, bush and cheney attacked this the supreme court said it was unconst for different reasons |
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