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35 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Marbury v. Madison
1803 |
Supreme Court Chief Justice Marshall
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Established judicial review
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McCulloch v. Maryland
1819 |
McCulloch refused to pay the tax on the Second Bank of the U.S.
• Constitutionality of the Bank • Did the Maryland law interfere with Constitutional power? |
• Congress possesses enumerated powers not explicitly outlined in the Constitution
• "necessary and proper clause" |
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Gibbons v. Ogden
1824 |
• Two individuals had the exclusive right to operate steamboats on waters within New York state jurisdiction
Monopoly? |
• Supremacy clause
• Defined "commerce" in the Commerce Clause |
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Dred Scott v. Sanford
1857 |
Missouri slave sued for freedom in Louisiana and wins
Constitutional? |
Slaves are property not people
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Munn v. Illinois
1877 |
• Illinois regulated grain warehouse and elevator rates by establishing maximum rate for their use
• Denial of equal protection and due process under the 14th Amendment? No and no |
• States may regulate the use of private property "when such regulation becomes necessary for the public good"
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Plessy v. Ferguson
1896 |
• A mixed man tried to sit on the white car in a train
• Equal Protection |
"Separate but equal" clause
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Lochner v. New York
1905 |
• The state of New York enacted a statute forbidding bakers to work more than 60 hours a week or 10 hours a day.
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• maintained the freedom of contract, and thus the Fourteenth Amendment's right to liberty afforded to employer and employee.
• The Court viewed the statute as a labor law; the state had no reasonable ground for interfering with liberty by determining the hours of labor. |
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Standard Oil v. US
1911 |
Did Standard Oil violate the Sherman Antitrust act?
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No "restraint of trade"
Heretofore, the Act made all contracts and combinations in restraint of trade into law violations. |
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Hammer v. Dagenhart
1918 |
Mr. Dagengart sued to allow his 14 year old child to work and provide a supplementary wage for his household
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• Production was not commerce, and thus outside the power of Congress to regulate.
• Day wrote that "the powers not expressly delegated to the national government are reserved" to the states and to the people. |
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Schenk v. US
1919 |
Schenck passed out fliers that encouraged soldiers to protest the draft. He was accused under the espionage Act.
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"clear and present danger" clause
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Gitlow v. New York
1925 |
Gitlow, a socialist, was arrested for distributing copies of a "left-wing manifesto" that called for the establishment of socialism through strikes and class action of any form. Gitlow was convicted under a state criminal anarchy law, which punished advocating the overthrow of the government by force.
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the First Amendment applies to states through the 14th amendment
"dangerous tendency test" |
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Olmstead v. US
1928 |
Roy Olmstead was a suspected bootlegger. Without judicial approval, federal agents installed wiretaps in the basement of Olmstead's building (where he maintained an office) and in the streets near his home. Olmstead was convicted with evidence obtained from the wiretaps.
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wire tapping not considered to be a search and seizure
. The Court held that neither the Fourth nor Fifth Amendment rights of the recorded parties were violated. The use of wiretapped conversations as incriminating evidence did not violate their Fifth Amendment protection against self incrimination because they was not forcibly or illegally made to conduct those conversations. |
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A.L. A. Schecter Poultry v. US
1935 |
Section 3 of the National Industrial Recovery Act empowered the President to implement industrial codes to regulate weekly employment hours, wages, and minimum ages of employees. The codes had standing as penal statutes.
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it did not make codes, but simply empowered the President to do so. A unanimous Court found this to be an unconstitutional delegation of legislative authority.
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Wickard v. Filburn
1942 |
Filburn was a small farmer who went over his wheat acreage but claimed that the extra wheat was farmed for personal use on his farm
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"direct" and "indirect" effect on the commerce
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Korematsu v. US
1944 |
Korematsu remained in San Leandro, California and violated Civilian Exclusion Order No. 34 of the U.S. Army.
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The Court sided with the government and held that the need to protect against espionage outweighed Korematsu's rights. Justice Black argued that compulsory exclusion, though constitutionally suspect, is justified during circumstances of "emergency and peril."
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Youngstown Sheet & Tube v. Sawyer
1952 |
In April of 1952, during the Korean War, President Truman issued an executive order directing Secretary of Commerce Charles Sawyer to seize and operate most of the nation's steel mills. This was done in order to avert the expected effects of a strike by the United Steelworkers of America.
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Court held that the President did not have the authority to issue such an order. The Court found that there was no congressional statute that authorized the President to take possession of private property.
The Court argued that "the President's power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker." |
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Brown v. Board of Educ.
1954 |
segregation in school
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"separate but equal" in Plessey vs. Ferguson reversed
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Roth v. US
1957 |
Roth operated a book-selling business in New York and was convicted of mailing obscene circulars and an obscene book in violation of a federal obscenity statute.
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the Court noted that the First Amendment was not intended to protect every utterance or form of expression, such as materials that were "utterly without redeeming social importance."
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Mapp v. Ohio
1961 |
Searched the home for a fugitive and found porn instead and charged
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all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court.
Exclusionary Rule |
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Engel v. Vitale
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Prayer Cases
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Court used the establishment clause to eliminate religious activities of all sorts, which had traditionally been a part of public ceremonies.
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Baker v. Carr
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Charles W. Baker and other Tennessee citizens alleged that a 1901 law designed to apportion the seats for the state's General Assembly was virtually ignored. Baker's suit detailed how Tennessee's reapportionment efforts ignored significant economic growth and population shifts within the state.
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States general assembly must be elected by population
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Gideon v. Wainwright
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Gideon was charged in a Florida state court with a felony for breaking and entering. He lacked funds and was unable to hire a lawyer to prepare his defense. When he requested the court to appoint an attorney for him,
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Right to an attorney at court
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School District of Abington Township v. Schempp and Murray v. Curlett
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Bible reading in school
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the required activities encroached on both the Free Exercise Clause and the Establishment Clause of the First Amendment since the readings and recitations were essentially religious ceremonies and were "intended by the State to be so
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Escobedo v. Illinois
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Danny Escobedo was arrested and taken to a police station for questioning. Over several hours, the police refused his repeated requests to see his lawyer. Escobedo's lawyer sought unsuccessfully to consult with his client. Escobedo subsequently confessed to murder.
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right to legal counsel during questioning
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Griswold v. Connecticut
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married couples could not get birth control
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implied right to privacy
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Miranda v. Arizona
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local police held and interrogated the defendant for five days without notification of his right to counsel. In all these cases, suspects were questioned by police officers, detectives, or prosecuting attorneys in rooms that cut them off from the outside world. In none of the cases were suspects given warnings of their rights at the outset of their interrogation.
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Miranda rights must be read
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Sheppard v. Maxwell
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highly publicized court case showing the defendant in a bad light
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the rights of the defendant are more important than the rights of the media to coverage
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Tinker v. Des Moines
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tinker children wore black arm bands to school to protest the Vietnam war
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Symbolic protest protected under first amendment
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Swann v. Charlotte-Mecklenberg
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After the Supreme Court's decision in 1954 in Brown v. Board of Education, little progress had been made in desegregating public schools. One example was the Charlotte-Mecklenburg, North Carolina, system in which approximately 14,000 black students attended schools that were either totally black or more than 99 percent black. Lower courts had experimented with a number of possible solutions when the case reached the Supreme Court.
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Bussing ( the bus schedule) is a legitimate reason for segregation
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Furman v. Georgia
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Furman was burglarizing a private home when a family member discovered him. He attempted to flee, and in doing so tripped and fell. The gun that he was carrying went off and killed a resident of the home. He was convicted of murder and sentenced to death
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the imposition of the death penalty in these cases constituted cruel and unusual punishment and violated the Constitution.
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Roe v. Wade
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Right to have an abortion
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Right to an abortion protected by the 14th amendment
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US v. Nixon
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A grand jury returned indictments against seven of President Richard Nixon's closest aides in the Watergate affair. The special prosecutor appointed by Nixon and the defendants sought audio tapes of conversations recorded by Nixon in the Oval Office. Nixon asserted that he was immune from the subpoena claiming "executive privilege," which is the right to withhold information from other government branches to preserve confidential communications within the executive branch or to secure the national interest. Decided together with Nixon v. United States.
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no "executive privilege"
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Bakke v. Univ. of Calif.
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affirmative action discriminatory
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race can be a factor in higher education but strict quotas for race arre unconstitutional
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INS v. Chadha
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In one section of the Immigration and Nationality Act, Congress authorized either House of Congress to invalidate and suspend deportation rulings of the United States Attorney General. Chadha had stayed in the U.S. past his visa deadline and was ordered to leave the country. The House of Representatives suspended the Immigration judge's deportation ruling. This case was decided together with United States House of Representatives v. Chadha and United States Senate v. Chadha.
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The Court held that the particular section of the Act in question did violate the Constitution. Recounting the debates of the Constitutional Convention over issues of bicameralism and separation of powers, Chief Justice Burger concluded that even though the Act would have enhanced governmental efficiency, it violated the "explicit constitutional standards" regarding lawmaking and congressional authority.
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Texas v. Johnson
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In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and assessed a $2,000 fine. After the Texas Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court.
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flag burning protected by the first amendment freedom of expression
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