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11 Cards in this Set
- Front
- Back
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Marbury v. Madison, 1803
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Case: President Adams appointed judges on the last night of his term in office (called midnight judges). Not all of the judges recieved their appointment papers in time and the new President, Jefferson, refused to recognize their right to the appointments.
Issue/Question: Can the Supreme COuyrt force Jefferson to give them appointments? Verdict: Yes, the decision gave the Sc the right to declare legislative acts or executive acts unconstitutional (Judicial Revie) Ammendment/constitution: judicial Review |
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McCulloch v Maryland 1819
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Case: The state of Maryland wanted to place a tax on the Bank of the US. The BUS refused to pay stating that staes could not tax the Federal Government.
Issue/Question: Could the state tax the federal bank? Verdict: No, the federal government is superior to the state governments Amendemt/constitution: Supremacy Clause |
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Gibbons v. Ogden 1824
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Case: Two steamboat operators debated over their right to run competing stemboat services form NY to NJ. Ogden had a NY license and Gibbons had a federal license
Issue/ Question: Could gibbons compete with ogden since he did no have a NY license? Verdict: Yes the federal government has the power to control interstate trade so gibbons license allowed to him to operate his company Ammendment/Constituion: iNTERSTATE TRADE CONTROLLED BY fED GOVT. |
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Texas v. Johnson, 1989
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Case: A man was arrested for burning an American flag in protest. He argued that the arrest was unconstitutional b/c he was exercising his first amendment rights.
Issue/Question: is burnigh tthe flag in protest protected by the first amendment? Verdict: Yes, flag burining is symbolic speech and cannot be outlawed Ammendment/Constituiton: 1st, freedom of speech (currently these is a proposed amendment to outlaw flag burning |
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New Jersey v. TLO, 1985
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Case: A student was suspended aftor contents were found in their locker. The student appealed the case based on the right of school officials to search lockers without probate cause/warrant
Issue/Question: Are locker searches a violation of the 4th amendment? Verdict: No, in order to ensure safety of students, schools can check lockers randomly or with "reasonable suspicion" Amendment: 4the, student's rights on campus |
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Tinker v. Des Moines, 1969
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Case: Three public school students wore black arm bands to school to protest the Vietnam war. The students were suspended from school for causing distraction.
Issue/Question: is the suspension of a violation of the student's 1st amendment rights of free speech Verdict: Yes, the wearing of black armbands was protected by the BOR first amendmentas symbolic speech Amendment: first, students rights on campus |
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Bethel School Distirc v. Fraser, 1986
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Case: a student was suspended for giving a dirty speech during a school assembly
Issue/Question: Is the suspension of a violation of the students 1st amendment rights of free speech Verdict: No, in order to maintain order on campus, schools can set limits on language and expression if they can prove that the actions are distracting Amendment: 1st, students rights on campus, often compared with Tinker |
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Engel v. Vitale, 1962
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Case: the Board of Regents in NY (school board) authorized a voluntary nondenominational prayer to be recited each school day
Issue/Question: Is the prayer a violation of the 1st amendment "establishment clause"? Verdict: Yes, despite being voluntary and nondenominational it still establishes religion within state institution Amendment: 1st freedom of religion, student rights on campus, School Prayer |
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Hazelwood v. Kuhlmeir, 1988
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Case: THe editor of a high school newspaper appealed the principle's decision to censor the paper because it contained artcles dealing with student pregnancy and divorce
Issue/Question: Was her principal's refusal to approve the articles of a violation of the 1st amendment freedom of the press? Verdict: No, since the paper is part of the curriculum, school administrators may place restrictions on a school newspaper and can censor it Amendment: 1st, freedom of the press, student rights on campus |
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Plessy v. Ferguson, 1896
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Case: Homer Plessy-- who was 7/8 caucasion-- took a seat on in a whites only can of a Louisiana train. He refused to move to the car reserved for lacks and was arrested
Issue/Question: Is the requirement of seperate pacilities for blacks and whites (jim Crow laws) a violation of the 14th amendment for equal protection of laws? Verdict: no, the SC ruled that seperate facilities were okay if the facilities for blacks and whites were equal Amendment: 14, made segregation legal |
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Brown v. Board of Ed. Topeka Kansas, 1954
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Case: Linda Brown was denied enrollment in an all white school near her home so she challenged the separate but equal policy of the Topeka school district.
Issue/Question: Is the requirement of separate school facilities for blacks and whites (Jim Crow laws) a violation of the 14th amendment for equal protection of laws? Verdict: YES, the court struck down separate but equal and ordered integration in the nation's schools with "all deliberate speed." Amendment: 14th amendment, made segregated school illegal, OVERTURNED PLESSY |
