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30 Cards in this Set
- Front
- Back
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MARBURY V. Madison (1803)
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Established Judicial Review, supreme court got rid of Judiciary Act of 1789
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McCulloch v. Maryland (1819)
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Necessary and proper clause- Congress has the right to make all laws. Suprememacy clause (all federal laws overrule state laws). Maryland tried to tax bank notes to check up on the National Bank.
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Dartmouth college v. Woodward (1819)
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Article 10; Sect. 1 No state shall impair the obligations of a contract. Court ruled that "a corporation is the same as a person under the law."
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Gibbons v. Ogden (1819)
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Dealt with laws delaying interstate commerce. Interstate commerce was a statute dealing with the federal govt. not state therefore Congress had the power to control interstate commerce. Steamboat case.
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Barron v. Baltimore
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Interpretation of the 5th amendment: due process and the takings clause. Barron owned the wharf and Baltimore made it that no one needed his wharf so he sued for proper compenstation. Courts ruled in favor of state bc; the bill of rights only protects against actions by the federal govt. not the state govt.
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Schenk v. United States (1919)
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Dealt with "clear and present Danger test" and the freedom of speech. he sent out a letter urging men eligable to join the draft to not do so. he was convicted saying that he violated the espionage act of 1917. He tried to stick to freedom of speech but courts ruled that his messages posed "Clear and present danger"
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Gitlow v. New York (1925)
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"Nationalization of the Bill of Rights" he wrote the Left Wing Manifesto during the Red Scare, he was then arrested and convicted under state law. 1st amendment rights were protected by 14th amendment.
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Near v. Minnesota (1931)
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Near published the Saturday Press that had a radical article about the city of Minneapolis. Courts found that there was no clear and present danger and declared all prior restraint laws null and void.
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Mapp v. Ohio (1969)
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Dealt with exclusionary rule (illegal obtained evidence cant be presented in a court room). Arrested for obscene material that they found by breaking th 4th amendment. Court said the evidence couldnt be used against him because it was obtained illegal.
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West Virginia v. Barnette (1943)
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Free excercise clause. Virginia law required a flag salute. Court ruled in favor of Barnette, saying that it was unconstitutional to force this upon students
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Everson v. Board of Education of New Jersey (1947)
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Dealt with establishment clause. New Jersey pop. exploded because of federal funds were assigned for the use of public transportation by children to schools. Majority of kids went to private and Catholic schools, Everson filed a suit saying that it violated the establishment clause (seperation of church and state), court ruled in favor of the board saying that the law valued all children equally.
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Engel v. Vitale (1963)
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New York school system required all students to say "nondenominational prayer" parents agued this was unconstitutional. supreme court ruled that it was unconstitutional bc of religous clauses.
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Lemon v. Kurtzman (1971)
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Law allowed the state to reimburse private schools for the money spent on textbooks, salaries, and intructional material. most went to religous private schools. Court ruled against the state bc of excessive entaglement between church and state. Came up with Lemon test.
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Wallace v. Jaffee (1985)
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Alabama allowed voluntary prayer in classroom. The courts found nothing wrong with a moment of silence, the problem was if the law should be invalidated due to its motivation to advance religion. the law was invalidated.
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City of Boerne v. Flores (1996)
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Religous Freedom Restoration Act of 1993/ Flores wanted to restore a church, the district said no bc they wanted to preserve the history of boerne, which flores argues included the church. The RFRA over powers the 14th amendment. Flores wins.
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Miller v. California (1973)
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America finds sexual expression worse than violent images. Miller sent out mass email promoting the sale of adult material and was convicted under Calif. law under distibuting obscene material. Obscenity is not covered under the first amendment therefore obscenity depends on local community standards.
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Gideon v. Wainwright (1965)
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6th amendment rights of the accused-they have the right to an attorney. All citizens according to the due process clause in the 14th amendment must have access to proper legal advice.
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Roe v. Wade (1973)
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Ruled that state cannot regulate abortion in the first trimester due to a previous supreme court ruling "right to Privacy" 46 state laws were changed.
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Texas v. Johnson (1989)
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Symbolic Speech. Johnson was arrested for burning an American flag in protest of the Reagan Administration. Supreme court overturned the conviction saying that the burning was an expressive conduct and didn't threaten the peace.
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F.C.C. v. Pacifica (1978)
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George Carlin a comedian did a segment on the radio wher he used the seven deadly words. "Filthy words Live" Supreme court can penalize you if you broadcast Shit piss fuck cunt cocksucker motherfucker tits.
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Dennis v. United States (1951)
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Dealt with Balancing Doctrine (allowed courts to balance freedon of speech against other public interests) 11 nonviolent communist party leaders were imprisoned for promoting govt overthrow. Courts ruled in favor of convictions.
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NY TimesCo. v. Sullivan (1964)
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Libel (false publication that can damage a person's reputation) limitaions on free speech and expression
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Sherbert v. Verner (1963)
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Focused on whether workers could apply for unemployment benifits if they gave up work becaue it fell on a holy day. "Dont roll on Shaabas!!"
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Oregon v. Smith (1990)
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Saying that a religous activity can be exempt from a neutral law. Free excercise clause did not protect the ritual use of a drug by members of a Native American Tribe.
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Griswold v. Connecticut (1965)
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Griswold the director of Conn. planned parenthood, was fined for violating a state law prohibiting the use of contraceptives, the court this as intruding on the relationship btw husband and wife.
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Eisenstadt v. Baird (1972)
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Law banned the sale of contraceptives. privacy no longer neant the right to privacy but also meant autonomy.
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Miranda v. Arizona (1966)
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Police officers are required to inform suspects of their rights before questioning them: Miranda Rule
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Sheppard v. Maxwell (1966)
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Police accused doctor of murdering his wife, the case went public and media ate it up. Making two tv shows and a movie. Sheppard complained that the amount of Media swayed his jury. The supreme court overturned his conviction and set guidelins for having impartial jury.
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Nebraska Press Ass. v. Stuart (1976)
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Weakend the decision made in the Sheppard case. Made it clear that excluding citizens who stay informed on current events may not be healthy for the jury system.
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Boumediene v. Bush
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Writ of habeas corpus (prisoner can be brought befor a judge to determin the legality of his imprisonment.)
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