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49 Cards in this Set

  • Front
  • Back

Reynolds v. U.S.

Freedom of Religion - Free Exercise



-Mormon case



-bigamy outlawed as it does not impact practice of religion


-essentially rules that there are limitations to freedom of religion


Lee v. Weisman

Freedom of Religion - Establishment


-Rabbi at graduation violation of separation of church and state

Wallace v. Jaffree

-Teachers conducting religious prayers during school day is a violation of the establishment clause


Engel v. Vitale

-New York, voluntary prayer in school violation of establishment clause

Lemon v. Kurtzman

​-Funding for parochial private schools


-excessive entanglement


-money from federal government only for secular reasons -- money cannot inhibit or promote religion


-rules in favor of Lemon, no buses to private school, but can fund its non-religious purposes

Schenk v. US

Freedom of Speech


-man distributes communist pamphlets discouraging draft


-ruled 9-0 against Schenk, saying such actions were not protected by the 1st amendment, clear and present danger, like yelling fire in a crowded theatre

Gitlow v. New York

-Distributing "Left-Wing Manifesto" advocating overthrow of the government a violation of 1st amendment


-Dangerous Tendency Test

Texas v. Johnson

The Quintessential Freedom of Speech Case


-Texas outlaws flag burning


-5-4 Burning flag protected under 1st amendment

US v. Eichman

-Flag burning on capitol steps is ok

Tinker v. Des Moines

-wearing black armbands, suspended from school


-Rules that Student's freedom of speech was violated

Debs v. US

-Debs protests war and violates Espionage Act


-Rules in favor of US, though Debs practicing freedom of speech, he was obstructing and hindering the government

Reno v. ACLU

obscenity

New York Times v. US

Freedom of Press


-Nixon tried to prohibit printing of Pentagon Papers



-ruled to be a violation of 1st amendment


-prior restraint

Hazelwood v. Kuhlmeier

Freedom of Press


-Principles censors school newspaper


-not a violation of 1st amendment


-Court usually rules in favor of schools in court cases like this

Weeks v. US

4th Amendment


-Police takes evidence without warrant


-Violation of 4th amendment --Yes, 9-0


-Exclusionary Rule: court must exclude illegally obtained evidence

Wolf v. Colorado

4th amendment


-Colorado Police take evidence without warning



-Rules that this is not a violation of 4th amendment, states do not have to follow 4th amendment/Exclusionary rule

Mapp v. Ohio

4th Amendment


-pornography


-Ruling: exclusionary rule applies on both national and state levels


-arrests can only be made for what is in plain sight

New Jersey v. TLO

4th Amendment


-student searched by administrator


- not a violation of 4th amendment


-in loco parentis in terms of searching, administrators and teachers have the power of your parents

Griswold v. CT

Privacy


-CT law forbids contraception


-Rules that this violates right to privacy

Roe v. Wade

-Texas law forbids abortion


-Rules that the constitution grants the right to terminate a pregnancy


Gideon v. Wainwright

Trial Rights


-Gideon asks for an attorney and is denied


-Ruling: 6th amendment applies to every case

Escobedo v. Illinois

Trial Rights


-Escobedo denied attorney during police questioning


-Ruling: 6th amendment applies to police questioning

Miranda v. Arizona

Trial Rights


-arrested and questioned with circumstantial evidence, not notified of his right to counsel/5th amendment rights


-Miranda Rights

Furman v. Georgia

8th amendment


-homeowner killed during robbery


-death penalty on the table


-rules in favor of Furman, death penalty unconstitutional if applied unfairly or with circumstantial evidence

Gregg v. Georgia

-Challenges whether the death penalty is constitutional in general


-Death penalty constitutional in limited circumstances

Dred Scott v. Sandford

-rules that congress has no power to ban slavery


-slaves are not citizens

Plessy v. Ferguson

-Plessy, Black, Railroad car, arrested


-violation of equal protection clause of 14th


-separate but equal

Brown v. BOE

-school segregate violates 14th amendment


-separate is inherently unequal

Heart of Atlanta Motel v. US

-Motel would not serve Blacks


-Violation of equal protection clause of 14th amendment because Commerce clause can be stretched in any way to defend against segregation

Swan v. Charlotte Mecklenberg

-Schools still not integrated


-Rules that courts have the power to oversee desegregation


-Classifies two types of segregation: De Jure -- segregation by law, outlawed by Brown v. BOE, De Facto natural segregation by circumstance

University of California v. Bakke

-Guy would have gotten into UCLA medical schools if it weren't for minority quotas


-Rules that affirmative action is unconstitutional, minority can be a factor in college admissions, but cannot use quotas

Korematsu v. US

-Japanese Internment


-Not a violation of the 14th amendment because rights may be suspended in a time of war

US v. Wong Kim Ark

-Chinese Exclusion Act and Citizenship


-Violation of 14th amendment, Jus Soli american citizen if born on US soil

US v. Nixon


-watergate scandal and executive privilege


-Rules that executive privilege is not immune to judicial review

Clinton v. NY

-attempt to pass line-item veto


-Unconstitutional under the presentment clause (same bill must be passed by both congress and president)

Gibbons v. Ogden

-Steam boats on the river


-Unconstitutional for state to regulate interstate commerce

US v. Lopez

-Lopez placed in federal prison for selling a weapon at school


-Unconstitutional because exceeds commerce clause

Munn v. Illinois

-Illinois grain warehouse rates, setting a maximum rate


-ruling: state imposed rates are constitutional because for public good

Wesberry v. Sanders

-unequal districting in Georgia


-one person one vote

Baker v. Carr

-1901 law


-supreme court has jurisdiction in reapportionment

US Term Limits v. Thornton

-AR law limits congressional term


-court rules term limits unconstitutional

Buckley v. Valeo

-congress passes contribution limit


-limits on candidate spending violates freedom of speech

McConnell v. FEC

-BCRA limits "soft money"


-Rules that it is okay to limit soft money

Citizens United v. FEC

-limits on soft money


-rules no more limits on soft money

Printz v. US

-Brady Bill -- background check with weapons purchasing


-due to commerce clause, background check is unconstitutional, would have to be done by a federal agent not a CLEO

Bush v. Gore

-Voting Chads


-rules that is unconstitutional under equal protection clause to only recount votes of specific county


-Bush wins

McCulloch v. Maryland

-state of Maryland attempts to tax the national bank


-national law over state law

Marbury v. Madison

judicial review

Employment Division of Oregon v. Smith

Freedom of Religion - Free Exercise


-Native Americans coming to work high on paotti, Smith is fired


-Ruling: In favor of Oregon, drugs not illegal in religious ceremony, but showing up to work on them can harm others