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28 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Barron v. Baltimore
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Bill of Rights does not apply to states.
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States do not face limits of eminent domain in the 5th amendment.
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Kelo v. City of New London
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The government can take away property for private use but it must benefit the public.
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e.g. a corporation setting up a mall: privately owned, but for public use and benefit.
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Veronia School District v. Actin
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Schools can conduct random drug tests on students because they are under State supervision during school hours.
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Especially student athletes and leaders, who are looked to as role models.
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Wolf v. Colorado
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Exclusionary rule does not apply to states.
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Exclusionary rule= evidence obtained in violation of the constitution cannot be used in trial.
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Mapp v. Ohio
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Exclusionary does apply to states.
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T.L.O v. New Jersey
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School officials responsibility for student discipline takes precedence over student privacy.
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Miranda v. Arizona
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Officer must read rights to arrested suspect; establishes Miranda Warnings.
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Gideon v. Wainwright
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Guarantee of counsel is a fundamental right.
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Schenck v. U.S.
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Creates "clear and present danger" test.
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Gitlow v. N.Y.
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Incorporated 1st amendment to states.
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Tinker v. Des Moines
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Students do not shed all rights at the school door, but if an activity interferes with the school day, it can be limited.
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Texas v. Johnson
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Flag burning is constitutional.
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"Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."
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U.S. v. O'Brien
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Expressions interfering with a valid government interest are unconstitutional. Draft card burning is illegal.
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Everson v. Board of Education
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Private schools can receive government funding if for a general program. Does not violate establishment clause.
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Services can be provided if "separate and so indisputably marked off from the religious function."
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Lemon v. Kurtzman
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Establishes Lemon test to avoid excessive entanglement in religion.
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Engle v. Vitale
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No prayer in school.
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Wallace v. Jaffree
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No daily moment of silence.
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Daily moment of silence was used to get around Engle v. Vitale ruling.
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Employment Division v. Smith
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Religious beliefs did not excuse one from following a valid law.
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Reynolds v. U.S.
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Free exercise clause does not protect religious practices said to be criminal. Polygamy is illegal.
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Gonzales v. UDV
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UDV has the right to smoke Hoasca as the regulation of it proved not to be a compelling government interest.
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New York Times v. U.S.
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No prior restraint unless there is a true national security threat.
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Roe v. Wade
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Allows abortion in first trimester.
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Planned Parenthood v. Casey
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Created the undue burden test. 2/3 Pennsylvania abortion law amendments were upheld, spousal consent failed test.
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Griswald v. Connecticut
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Established the right to privacy.
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Furma v. Georgia
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Placed a moratorium on the death penalty.
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Gregg v. Georgia
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Reinstates death penalty.
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Near v. Minnesota
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Incorporates freedom of press to states.
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N.Y. Times v. U.S.
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No prior restraint unless national security at risk.
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