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Marbury v Madison The court asserted its right to rule on the constitutionality of laws, aka Judicial Review. Prior to this case, it was not clear that the court had the power to declare laws unconstitutional, or to determine with final authority what the words of the constitution mean. McCulloch v. Maryland Could the Nat'l gov't charter a bank, under the Elastic Clause? yes. Can the states tax the nat'l gov't? no because the power to tax is the power to destroy Darthmouth College v. Woodward Could NH change Dartmouth from a private college to a state college by legislative action? no because it would violate the contracts Clause which requires states to respect the integrity of private contracts Gibbons v. Sanford Could NY regulate steamboat traffic between NY and NJ? no because only congress can regulate interstate commerce, and steamboat traffic is intersate commerce Dred Scott v. Sanford Was dred Scott free or slave because he had lived in both free and slave territories? dred scott had no standing to sue because he was not and could not become a citizen of the US. Ex parte Milligan Citizens must be tried in civilian courts, not military tribunals, as long as civilian courts are still operating Plessy v. Ferguson 1896. Separate but equal facilities did not violate the Equal Protection clause of te 14th Amendment Lochner v. NY NY had no power to regulate the working conditions of bakers because an employee and an employer have entered into a contract Schenck v. US Clear and present danger test: speech may be restricted if it creates a clear and present danger of a substantial evil the congress has the right to prohibit Gitlow . NY First incorporation case. 1st amendment free speech applied to states through 14th Amendment Powell v. Alabama Trials of black defendants were unconsitutional because they were denied the time to acquire adequate defense. Incorporation case Schechter v. US Delegation of power to regulate interstate commerce to executive brance unconstitutional (New Deal legislation overturned; this decision later overturned) Korematsu v. US Need to protect US against espionage outweighed Korematsu's rights (japanese detention) West Virginia v. Barnette Compulsory flag salute in public schools violates 1st amendment "compulsory unification of opinion" Everson v. Board of education State provision of transportation services to religious schools does not violate the 1st amendment because such aid was offered to all students, not just religios school students, incorporation case Brown v. Board of education 1954 Separate is inherently unequal in public schools, therefore segregation is unconstitutional. Relied on social science evidence. Unanimous decision Mapp v. Ohio Applied exculsionary rule to the states. Mapp's home was illegally searched without a warrant Engel v. Vitale Leading students in a short, nondemoninational voluntary prayer in public schools violates the establishment clause Baker v. Carr One man, one vote: legislative districts must be drawn so that they are equal in size by population Gideon v. Wainwright Incorporation case. Trial defendants in state courts where jail time is possible must be provided with counsel if they cannot afford a lawyer Abington School district v. Schempp Bible reading in public schools violates 1st amendment establishment clause, the same as prayer NY times v. Sullivan Libel Standards for public figures: actual malice must be shown: knowledge that material was flase, or reckless disregard for whether it was true or not Escobedo v. Illinois Absolute right to remain silent and to have counsel present during interrogation by police Griswold v. Connecticut The 1st, 3rd, and 4th amendments imply a right to privacy that covers marital decisions to obtain birth control which connecticut had outlawed Miranda v. Arizona Before police can conduct a custodial interrogation, the suspect must be informed of his rights to remain silent and to have an attorney present. Loving v. Virginia States may not ban interracial marriage under the equal protection clause of the 14th amendment Eppeson v. Arkansas Arkansas may not prohibit teachers from teaching education because the law had religious purpose Brandenburg v. Ohio Imminet unlawful action test: Speech may not be prohibited/punished unless it is intended to cause imminent unlawful action and is likely to cause imminent unlawful action Tinker v. Des Moines Black armband case: student speech in public schools is protected by the 1st amendment unless it causes a substantial disruption NY times v. US Pentagon papers case: Nixon could not exercise prior restraint on NY times unless national security was at risk, and it wasn't. Papers were formerly classified Pentagon docs that showed how the gov't mishandled the Vietnam war Lemon v. Kurtzman Established Lemon test: for a gov't policy that helps religion to be constitutional it must: have a purpose, neither advance nor inhibit religion, not foster excessive gov't entanglement in religion Wisconsin v. Yoder Amish parents have a free exercise of religion right to pull their children out of public school after 8th grade because the state's interest in forcing them to go to school until age 16 is outweighed by the religious freedom aspect Miller v. California For material to be obscene it must meet hte following tests: 1( the average person, applying contemporary community standards would find the work offensive, 2) it must depict sexual activity in a patently offensive way, 3) it must lack serious literary, artistic, political or scientific value (SLAPS test) Roe v. Wade The same right of privacy establish in Griswols also covers the woman's irght to make a decision about terminating a pregnancy, especially in he first 3 months of the pregnancy US v. Nixon US had no unqualified executive privilege giving him immunity from answering a subpoena in a criminal case Buckley v. Valeo Gov't restrictions on spending on your own campaign, or on independent spending, were unconstitutional violations of the 1st amendment right of free speech. limits on contributions to others' campaigns were not. Bakke v. University of CA Bakke admitted to medical because school had used a numerical quota to aid minority admission, did not rule hat race could never be used Village of Skokie v. Nat'l Socialist Party Nazis had the right to march in Skokie as long as they did not violate the Brandenburg test Hazelwood v. Kuhlmeier School principals have the riight to censor student publications that are part of the curriculum of the school. Wallace v. Jaffree Alabama law providing a moment of silence for "prayer or meditation" inn schools had a religious purpose, and so violated the establishment clause NJ v. TLO Students in public school have a fourth amendment right against unreasonable search and seizure, but it is more limited than in the outside world- no search warrant is required, only "reasonable cause" Allegheny County v. Greater Pittsburgh ACLU Display of religious ymbols on gov't property depends on how religious the symbol is, and on the counsel Texas v. Johnson Burning the flag in protist is protected by the 1st amendment free speech Westside community schools v. Mergens Schools must allow religious studnet clubs to form and use school space Lee v. Weisman Public school graduations may not include a member of the clergy who gives a prayer Reno v. ACLU Communications decency act of 1996 was unconstitutional because in the process of attempting to limit the access of juveniles to indecent material on the internet, it limited the access to such materials of adults and that violate the 1st amendment Bush v. Gore REcounting ballots in FLorida had to stop because they were being counted using different standards in different places, which violated equal protection US v. Morrison Congress had not power under the Interstate commerce clause to pass the violence against women act Lawrence v. Texas States may not prohibit private, consenting sexual conduct between two adults even if they are gay Grutter v. BOllinger Michigan law shool: diversity can be a compelling state interest, and race can be used in college admissions to promote diversity, as long as it is narrowly tailored Gratz v. Bollinger Their use of race was not narrowly tailored and therefore unconstitutional.