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78 Cards in this Set

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  • Back
Abington School District v. Schempp
(1963)
Issue: Establishment Clause

Decision: Held unconstitutional a state law requiring the school day to begin with reading a Biblical passage and reciting the Lord's Prayer
Adarand v. Pena
(1995)
Issue: Affirmative Action

Decision: Affirmative action programs that give preference to minorities must respond to specific past instances of discrimination and not simply historical discrimination; limit on affirmative action
Agostini v. Felton
(1997)
Issue: Establishment Clause

Decision: Held contitutional a program that sends public school teachers to students in parochial schools in order to provide remedial education services.
Bethel School District v. Fraser
(1986)
Issue: Freedom of Speech

Decision: School officials can punish a student for statements made in a speech at school.
Barron v. Baltimore
(1833)
Issue: Non-Incorporation Doctrine

Decision: The Bill of Rights only applied to actions by the federal government, not the states.
Bowers v. Hardwick
(1986)
Issue: Gay Rights

Decision: Consensual homosexual acts performed in a person's home are not protextd under the constitutional right of privacy.
Brown v. Board of Education of Topeka
(1954)
Issue: De Jure Segregation

Decision: The "separate but equal" doctrine as it appolies to public education is unconstitutional; separate schools are inherently unequal.
Brown v. Board of Education of Topeka II
(1955)
Issue: De Jure Segregation

Decision: Desegregation plans to be developed by local school boards with oversight by federal district courts; desegregation to proceed with "all deliberate speed."
Buckley v. Valeo
(1976)
Issue: Freedom of Speech

Decision: Upheld the limits on individual contributions to political campaigns in federal election provided for in the 1974 amendments to the Federal Election Campaign Act, but declared unconstitutional the limits on expenditures as well as limits on what an individual could contribute to his/her own campaign.
Chaplinsky v. New Hampshire
(1942)
Issue: Freedom of Speech

Decision: "Fighting words" that are likely to provoke a hostile response are not protected under the First Amendment.
Civil Rights Cases
(1883)
Issue: Fourteenth Amendment

Decision: Held unconstitutional the Civil Rights Act of 1875, which prohibited discrimination on the basis of race in places of public accomodations such as hotels, public transportation, and restaurants; Fourteenth Amendment offered protection against state action based on race, not private action. The Civil Rights Act of 1964 addressed discrimination in public accomodations (Heart of Atlanta Motel v. United States 1964).
Clinton v. City of New York
(1998)
Issue: Article II

Decision: Declared the Line-Item Veto Act unconstitutional because it granted the president authority not provided for in the Constitution. such an extension of president power requires a constitutional amendment.
Craig v. Boren
(1976)
Issue: Fourteenth Amendment

Decision: To be valid, classfications based on gender must serve an important government objective and must be related to those objectives. This is known a heightened security. (Beer case)
Cruzan v. Director, Missouri Department of Health
(1990)
Issue: Right of Privacy

Decision: Although the Supreme Court ruled that parents of a comatose patient could not remove life support, the decision recognized that competent individuals could refuse medical treatment or the right to die.
Democratic Party of California v. Jones
(2000)
Issue: Freedom of Association

Decision: Stuck down the Democratic Party's rule establishing a blanket primary in the state. (on election ballot could vote for a Republican governor and a Democrative senator.)
Dred Scott v. Sanford
(1857)
Issue: Slavery and Property Rights

Decision: African Americans were not citizens of the United States, and Scott had no right to sue; the Missouri Compromise was unconstitutional; slaves were property and protected as such under the Constitution.
Employment Division v. Smith
(1991)
Issue: Free Excercise Clause

Decision: The prohibition against the use of illegal drugs in religious cermonies is not a violation of the free exercise clause of the First Amendment. Religious observance is not a reason for a person not complying with a valid law.
Engel v. Vitale
(1962)
Issue: Establishment Clause

Decision: Requiring the recitation of a non-sectarian, government-sponsored prayer in the public school violates the principle of the separation of church and state; ban on prayer in public schools
Escobedo v. Illinois
(1964)
Issue: Sixth Amendment

Decision: Statements made by a murder suspect are thrown out because the police prevented him from meeting with his attorney and he was not told about his right to remain silent.
Fletcher v. Peck
(1810)
Issue: Article III

Decision: Established that the Supreme Court can declare a state law unconstitutional
Furman v. Georgia
(1972)
Issue: Eight Amendment

Decision: The arbitary application of the death penalty constituted cruel and unusual punishment; the decision leads to a moratorium on the death penalty until state legislatures rewrite their capital punishment statutes (see Gregg v. Georgia 1976)
Gibbons v. Ogden
(1824)
Issue: Commerce clause and Supremacy Clause

Decision: The decision expanded the Commerce Clause to include almost any interstate business activity.
Gideon v. Wainwright
(1963)
Issue: Sixth Amendment

Decision: The right to counsel is fundamental to a fair trial; the state must provide an attorney to poor defendants charged with a felony; the Sixth Amendment applies to the states through the Fourteeth Amendment.
Gitlow v. New York
(1925)
Issue: Freedom of Speech

Decision: The First Amendment freedom of speech protection is incorporated/ applied to the states through the Fourteenth Amendment; incorporation doctrine. gitlow had advocated for the overthrow of the government
Gregg v. Georgia
(1976)
Issue: Eight Amendment

Decision: Upheld the death sentence of a person convicted of a double murder, pointing out that capital punishment per se is not unconstitutional.
Griswold v. Connecticut
(1965)
Issue: Right of Privacy

Decision: Struck down a state law that made it a crime to provide contraceptive information to married couples on the basis of a constitutionally protected right of privacy.
Guinn v. United States
(1915)
Issue: Fifteenth Amendment

Decision: Declared unconstitutional the grandfather clause, which exempted persons- or the legal descendants of such persons who were able to vote before the Fifteenth Amendment was adopted- from literacy lests or similar voter qualicfications.
Heart of Atlanta Motel v. United States
(1964)
Issue: Civil Rights Act of 1964

Decision: Congress has the power to prohibit discrimination in private businesses based on its authority to regulate interstate commerce.
Lemon v. Kurtzmann
(1971)
Issue: Establishment Clause

Decision: When a law or state action invovles religion, it must have a secular purpose; it cannot advance or inhibit religion, or excessively entangle the government with relgion; Lemon Test.
McCulloch v. Maryland
(1819)
Issue: Necessary and Proper Clause and Supremacy Clause

Decision: Upheld the constitutionality of the First Bank of the United States under the "necessary and proper clause," and denied the state the right to tax the Bank, noting that "the power to tax is the power to destroy."
Mapp v. Illinois
(1961)
Issue: Fourth Amendment

Decision: Evidence that is seized illegally cannot be used as evidence in court; the exclusionary rule is applied to the states.
Marbury v. Madison
(1801)
Issue: Article III

Decision: The decision established the principal of judicial review; the Supreme Court has the power to declare a law passed by Congress unconstitutional.
Miller v. California
(1973)
Issue: Freedom of Speech and Press

Decision: Outlines a test to define obscene materials that are not protected under the First Amendment. community standards were includes as were LAPS-- a work is obscene if it has no literary, artistic, political, or scientific" value.
Miranda v. Arizona
(1966)
Issue: Fifth Amendment

Decision: Prior to questioning by police, a person in custody must be informed of the following: his or her constitutional rights to remain silent, that anything said can be used against him/her, that he/she has a right to have an attorney present during questioning, and to have an attorney appointed if he/she cannot afford; Mirand Warning.
Near v. Minnesota
(1931)
Issue: Freedom of the Press

Decision: States cannot ban offensive publications; First Amendment freedom-of-the-press protections apply to the states. (published about Jewish gangs in his newspapers)
New Jersey v. T.L.O.
(1985)
Issue: Fourth Amendment

Decision: School officals can search a student suspected of violation school policy; school administrators have greater latitude in conduction a search than police or similar authorities in order to maintain an environment where learning can take place. (teacher found rolling paper in girls purse).
New York Times v. Sullivan
(1964)
Issue: Freedom of the Press

Decision: Public figures are bound by a higher standard in libel cases than ordinary citizens; they not only have to show that what was printed was false, but that the media knew it was false and published it anyway showing complete disregard for the truth.
New York Times v. United States
(1971)
Issue: Freedom of the Press

Decision: The Supreme Court refused to prevent the publication of The Pentagon Papers, a classified documentary history of U.S. invovlement in Vietnam, on national security ground; prior restraint
Nix v. Williams
(1984)
Issue: Fourth Amendment

Decision: Questionable evidence can be used at trial if it can be shown that it would have been "inevitably discovered" by legal means; "inevitable discovery" exception to the exclusionary rule.
Planned Parenthood v. Casey
(1992)
Issue: Right of Privacy

Decision: States can regulate abortion as long as an "undue burden" is not placed on women. A 24-hour waiting period, counseling on alternatives to abortion, and parental consent for minors were constitutional restrictions on the right to an abortion.
Plessy v. Ferguson
(1896)
Issue: Fourteenth Amendment

Decision: Segregation by race was constitutional provided the facilities are equal; Separate but Equal doctrine.
Puerto Rico v. Branstad
(1987)
Issue: Extradition

Decision: The federal courts have the power to force a state to comply with an extradition rquest from another state. Extradition- fourth amendment- states must return a fugitive to another state.
Regents of the University of California v. Bakke
(1978)
Issue: Affirmative Action

Decision: Setting up a rigid quota system for admission to medical school is prohibited, but race can be taken into account in the admissions process because the goal of a diverse student body is valid; reverse discrimination.
Reno v. ACLU
(1997)
Issue: Freedom of Speech

Decision: Ruled unconstitutional the attempt to control the content of the Internet through the Communications Decency Act. The provisions of the statute regarding "indecent transmission" and "patently offensive displays" violate the First Amendment.
Roe v. Wade
(1973)
Issue: Right to Privacy

Decision: Women have an absolute right to an abortion in the first trimester of pregnancy based on a constitutionally protected right of privacy; the state can impose restrictions in the second and third trimesters.
Romer v. Evans
(1996)
Issue: Fourteenth Amendment

Decision: Ruled unconstitutional an amendment to the Colorado state constitution that voided existing local ordinances protection gay and lesbian rights and prohibiting the adoption of such ordinances in the future.
Rostker v. Goldberg
(1980)
Issue: Fifth Amendment

Decision: Ruled constitutional the law that required only males to register for the draft; the exclusion of women was justified under the heightened scrutiny test because military needs to have flexibility in the use of its troops, for example the issue of women in combat.
Roth v. United States
(1957)
Issue: Freedom of Speech and Press

Decision: Obscenity is not protected under the First Amendment; the decision recognized the validity of community standards in a test to determine if materials were obscene.
Schenck v. United States
(1919)
Issue: Freedom of Speech

Decision: Freedom of speech is not absolute; the decision established the clear-and-present-danger test as a constitutional restriction of free speech; you can't yell "fire" in a crowded theatre.
Shaw v. Reno
(1993)
Issue: Fourteenth Amendment

Decision: The Supreme Court determined that race cannot be the predominant factor in drawing congressional district lines just to ensure the election of an African American representative; the oddly shaped district of North Carolina was a racial gerrymander.
Smith v. Allwright
(1944)
Issue: Fifteenth Amendment

Decision: The white primary was declared unconstitutional because it effectively disenfranchised African Americans.
South Dakota v. Dole
(1987)
Issue: Federalism

Decision:Upheld a statute that required states to raise their minimum drinking age to 21 years of age or risk losing a portion of their federal highway funds.
Swann v. Charolotte-Mechlenburg County Board of Education
(1971)
Issue: Fourteenth Amendment

Decision: Remedies for past racial discrimination in public education include racial quotas for both teachers and students, redrawing school district lines, and busing.
Sweatt v. Painter
(1950)
Issue: Fourteenth Amendment

Decision: Found that separate but equal doctrine could not be applied to professional schools, in this case, separate law schools for African Americans and whites in Texas.
Texas v. Johnson
(1989)
Issue: Freedom of Speech

Decision: The burning of the American flag is symbolic speech and is protected under the First Amendment.
Tinker v. Des Moines Independent Community School District
(1969)
Issue: Freedom of Speech

Decision: The wearing of arm bands by students to protest the war in Vietnam is protected speech and cannot be prohibited by school officials; students do not give up their constitutional rights at the schoolhouse door.
Toyota Motor Manufacturing Kentucky, Inc. v. Williams
(2002)
Issue: Americans with Disablities Act

Decision: The law covers impairments that affect a person's life, no whether he can perform a particular job; limits the scope of the ADA.
United States v. Leon
(1984)
Issue: Fourth Amendment

Decision: Evidence obtained through a faulty seach warrant can be admitted if the authorities acted in "good faith" in getting the warrant; "good faith" exception to exclusionary rule.
United States v. Lopez
(1995)
Issue: Federalism and Commerce Clause

Decision: Congress does not have the power to prohibit guns in an area around a school under the Commerce Clause; gun regulation in this sense is a funciton of the states or local governments.
U.S. Term Limits v. Thornton
(1995)
Issue: Federalism

Decision: The states cannot impose term limits on member of Congress.
Vacco v. Quill
(1997)
Issue: Right of Privacy and Fourteenth Amendment

Decision: Upheld a state law that banned physician-assisted suicide.
Webster v. Reproductive Health Services
(1989)
Issue: Right of Privacy

Decision: The states may prohibit abortions in public hospitals and clinics and by public employees; limitation on abortion rights.
Westberry v. Sanders
(1964)
Issue: Fourteenth Amendment

Decision: Struck down an apportionment system that allowed for congressional districts that varied significantly in size.
Willams v. North Carolina
(1945)
Issue: Full Faith and Credit Clause

Decision: A state does not have to accept a divorce secured in another state if the parties to the divorce did not establish genuine residency in that state.
Gratz v. Bollinger
(2003)
Issue: Affirmative Action

Decision: Struck down use of "bonus points" for race in undergrad admissions at University of Michigan.
Palko v. Connectictut
(1937)
Issue: double jeapordy

Decision: The Fifth Amendment right to protection against double jeopardy is not a fundamental right incorporated by the Fourteenth Amendment to the individual states.
U.S v. Nixon
(1973)
Issue: Executive Privilege

Decision: Allowed for executive privilege but not in criminal cases; "Even the President in not above the law;" Watergate.
Bush v. Gore
(2000)
Issue: Fourteenth Amendment

Decision: Use of 14th Amendment's equal protection clause to stop the Florida recount in the election of 2000.
Zelman v. Simmons-Harris
(2002)
Issue: Establishment Clause

Decision: Public money can be used to send disadvantaged children to religious schools in tuition voucher programs. Under the Private Choice Test developed by the court, for a voucher program to be constitutional it must meet all of the following criteria:

the program must have a valid secular purpose,
aid must go to parents and not to the schools,
a broad class of beneficiaries must be covered,
the program must be neutral with respect to religion, and
there must be adequate nonreligious options.
Grutter v. Bollinger
(2003)
Issue: Affirmative Action

Decision: Allowed the use of race as a general factor in law school admissions at University of Michigan.
Baker v. Carr
(1962)
Issue: Gerrymandering

Decision: "one man one vote". Ordered state legislative districts to be as near equal as possible in population; Warren Court's political judicial activism.
Supreme Court Chief Justices
·Jay, Rutledge, and Ellsworth Courts (1789 - 1800)
·Marshall Court (1801 - 1835)
·Taney Court (1836 - 1864)
·Chase Court (1864 - 1873)
·Waite Court (1874 - 1888)
·Fuller Court (1888 - 1910)
·White Court (1910 - 1921)
·Taft Court (1921 - 1930)
·Hughes Court (1930 - 1941)
·Stone Court (1941 - 1946)
·Vinson Court (1946 - 1953)
·Warren Court (1953 - 1969) (also see Warren Court)
·Burger Court (1969 - 1986)
·Rehnquist Court (1986 - 2005)
·Roberts Court (2005 to the present)
United States v. Virginia
(1996)
Issue: Fourteenth Amendment

Decision:State of Virginia's exclusion of women from the Virginia Military Institute violated Equal Protection Clause of the Fourteenth Amendment.
Dothard v. Rawlinson
(1977)
Issue: Title VII

Decision: Height and weight requirements discriminated against women and bore no relationship to the job.
United Automobile Workers v. Johnson Controls, Inc.
(1991)
Issue: Title VII

Decision: Policy barring pregnant women in occupations that could be detrimental to their reproductive capacities constitutes sexual discrimination in violation of Title VII of the 1964 Civil Rights Act
Washington County, Oregon v. Gunther
(1980's)
Issue: Title VII

Decision: Comparable Worth= equal pay
Romer v. Evans
(1996)
Issue: Homosexuals

Decision:An amendment to the Colorado Constitution that prevents extra protection under the law for homosexuals was struck down because it was not rationally related to a legitimate state interest. Supreme Court of Colorado affirmed.
Boy Scouts of America v. Dale
(2000)
Issue: Right to Associate

Decision: A private organization is allowed, under certain criteria, to exclude a person from membership through their First Amendment right to freedom of association in spite of state antidiscrimination laws.