Court Cases

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Mardury v. Madison (1803)

Established judicial review

McCulloch v. Maryland (1819)

Congress possesses "implied powers"<--which are those not listed in the Constitution

Baker v. Carr (1961)

The court can get involved in political issues

US v. Nixon (1974)

Executive privledge exists, except for national security

Buckley v. Valeo (1976)

Limit amount of $ you give to a candidate, but does not limit how much of their own $ a candidate can spend.

Clinton v. City of NY (1998)

President doesn't have the power to make legislation. line item veto for the president is unconstitutional.

Jeb Bush v. Gore (2000)

all votes have to be counted equally. there hase to be a set process for and to recount votes, which Fl. did not have.

Barron v. Baltimore (1833)

Bill of Rights is for National gov't, not State gov'ts.

Gitlow v. NY (1925)

1st amendment does apply to states

Everson v. BOE (1941)

It's okay for the gov't to provide general services to religious institutions

Engle v. Vitale (1962)

State cannot provide prayer in public schools

Abbington School District v. Schempp (1963)

No mandatory bible reading/ prayer

Epperson v. Arkansas (1968)

Can't forbid teaching evolution

Lemon v. Kurtzman (1971)

Established Lemon test- law to be constitutional must have a "secular legislative purpose" and neither religious purpose and no exsessive gov't involvement.

Wallace v. Jaffree (1984)

Moment of silence is okay if not for a religious purpose

Edwards v. Aguillard (1986)

Can't be forced to teach creation

County of Allegheny v. ACLU (1989)

Can't have reliious view in courthouse/ gov't places

Westside Community Schools v. Mergens (1990)

Schools cannot deny groups from meeting based on content of their speech.

Santa Fe Independent School District v. Doe (2000)

Can't say religious thing b/c gov't pays for stadium and announcer thing at a school sponsored event

Reynolds v. US (1879)

Gov't can limit what you practice--> Practice is differnt then belief. **can limit polygamy b/c it is a practice of beliefs

Wisconsin v. Yoder (1972)

Wisconsin could not force kids to go back to school for 2 years b/c it violated free exercise of religion

Employment Division, Department of Human Resources of Oregon v. Smith (1990)

Ligit. gov't reason to limit drug use

Church of the Lukuani Babalu Ave., v. City of Hialeah, Fl. (1993)

City cannot specifically target certain activity or certain religious behavior

Schenck v. US (1919)

Create clear and present danger test...things are okay in peace, are/may not be okay in wartime

Chaplinsky v. New Hampshire (1942)

Obscenity and fighting words are not protected by 1st amendment freedom of speech

Tinker v. Des Moines (1968)

Symbolic Speech is protected by freedom of speech in 1st amendment

Brandenburg v. Ohio (1969)

Can only limit speech when it is a direct incitement. imminent lawless action

Stanley v. Georgia (1969)

Freedom of expression

Miller v. California (1975)

Created Miller test to decide what is obscene. Gov't can regulate how adult/obscene material is distributed

Bethel School District v. Frasier (1988)

You don't have freedom of speech in school

Texas v. Johnson (1989)

You cannot ban flag burning; its symbolic speech that is protected in the 1st amendment

Near v. Minnesota (1931)

Established that there are no prior restraintd for newspapers Gov't could not censor/prohibit a publication in advance

NY Times v. Sullivan (1964)

First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity)

NY Times Co. v. US (1971)

Has to directly relate to national security...if it does you cannot publish it.

Hazelwood v. Kuhlmeir (1987)

You don't have freedom of press in the schools

NAACP v. Alabama (1958)

You have the right of association--> gov't cannot keep a group from gathering

Boy Scouts of America v. Dale (2000)

Groups have the right to choose who their members are

Weeks v. US (1914)

Created exclusionary rule--> obtain things against you illegally then they can't use it against them in court

Mapp v. Ohio (1961)

applies exclusionary law to states

Gideon v. Wainwright (1963)

*Gov't has to provide attorney to those who can't afford them.

Miranda v. Arizona (1966)

Miranda Rights

Katz v. US (1968)

4th amendment protects people, not places

Furman v. Georgia (1972)

said death punishment in unconstitutional--> cruel and unusual punishment

Greggs v. Georgia (1976)

death penalty made okay

New Jersey v. TLO (1984)

Reasonable suspicion (lower standard; not as much evidence needed to search) for you to search someone at a school.

Nix v. Williams (1984)

Created inevitable discovery doctrine

Rasul v. Bush (2002)

People in Guantonamo Bay have the same rights as people in US.

Roper v. Simmons (2005)

Juvenials cannot be sentenced to death

Hamdan v. Rumsfeld (2006)

cannot deny rights to be at trial people in Guantonamo Bay must be tried by a civil court

Griswold v. Connecticut (1965)

established the right to privacy

Roe v. Wade (1973)

A woman's right to an abortion falls within the right to privacy

Planned Parenthood v. Casey (1992)

States/gov't can put limits on abortions

Kelo v. City of New London, CT (2005)

With just compensation and for public use, gov't can take private property

Dred Scott v. Sanford (1857)

Says slaves were not citizens, so they had no standing to sue

Civil Rights Cases (1883)

Moral reinforcement of Jim Crow Laws-- Shut down advancements from 13th, 14th, 15th amendments

Plessy v. Ferguson (1896)

Seperate but equal is okay--> Segregation is okay, didn't count as discrimination.

Korematsu v. US (1944)

Right to protect against espionage-->could put them in camps b/c of this

Brown v. BOE (1954)

Cannot be seperate, but equal facilities (only applied to public schools)

Heart of Atlanta Hotel v. US (1964)

Gov't can regulate public accomodations b/c it relates to interstate commerce

Regents of the University of California v. Bakke (1978)

Use race for concideration, but cannot save spots

Lawrence v. Texas (2003)

What you do in the privacy of you home is okay as long as the people in your home are okay with it too.

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