Supreme Court Cases
Terms in this set (25)
Marbury v. Madison (1803)
-Gave the Supreme Court the power of "judicial review"
-This allows the Supreme Court to check the constitutionality of legislation passed by Congress
-The power of Judicial Review was granted by the system of checks and balances between the three branches of government.
McCulloch v. Maryland (1819)
-Supreme Court affirmed the "necessary and proper" clause, holding that the Federal government can pass laws not expressly provided for in the Constitution's list of enumerated Congressional powers.
Gibbons v. Ogden (1824)
-Supreme Court held that the United States government has the power to regulate interstate commerce.
-This power is granted to Congress by the Commerce Clause found in Article I Section 8 of the Constitution.
Barron v. Baltimore (1833)
-Held that the Bill of Rights restrained only the national government not the states and cities.
-Overturned later by Gitlow v. New York (1925).
U.S v. Nixon (1974)
-For the decision regarding the Nixon Watergate Scandal, the court ruled executive privilege has limitations and cannot be used to harbor confidential uses of communication.
Plessy v. Ferguson (1896)
-Upheld the constitutionality of the Jim Crow laws and the "separate but equal" doctrine.
-Overturned later by Brown v. Board of Education (1954).
Weeks v. United States (1914)
-First case that established the "exclusionary rule", dealing with the 4th Amendment Search and Seizure procedures.
-The "exclusionary rule" states that any evidence found excluding those items listed on a search warrant cannot be used against a suspect in the court of law.
-This was later extended to state jurisdiction by Mapp v. Ohio (1961).
Shenck v. United States (1919)
-Shenck was a socialist passing out political pamphlets trying to convince people to stop supporting the war, and was arrested.
-Shenck sued and the Supreme Court found that his actions were protected by the 1st Amendment, and established the "clear and present danger" test.
-The clear and present danger test holds that the 1st Amendment can only be limited if the speech provides a "clear and present danger".
Gitlow v. New York (1925)
-Ruled that a state government must respect some first Amendment rights.
-Relied on the 14th Amendment to carry out to process of selective incorporation (applying the Bill of Rights to the states), not the 1st.
-Reversed the ruling of Barron v. Baltimore (1833).
Near v. Minnesota (1933)
-Held that the government could not exercise "prior restraint" over the print media.
-This limits the power of the government over the print media.
Dennis v. United States (1951)
-Court upheld prison sentences for several communist party leaders for conspiring to advocate the violent overthrow of the government.
-Conspiring to overthrow the government was made illegal in 1940 by the Smith Act, which was repealed in 1948.
Brown v. Board of Education (1954)
-Overturned the decision of Plessy v. Ferguson (1896), and held that the segregation of public schools was unconstitutional under the Equal Protection Clause of the 14th Amendment.
-Significance: Desegregated all PUBLIC schools.
Roth v. United States (1958)
-Defined obscene material for the Supreme Court Justices as "I know it when I see it".
-Definition was extended by Miller v. California (1971).
NAACP v. Alabama (1958)
-Supreme Court protected the right to assemble.
Mapp v. Ohio (1961)
-Supreme Court found that evidence used in trial had been seized illegally and the Court reversed Mapp's conviction.
-Court did so by using the "Exclusionary Rule" established by Weeks v. United States (1914).
Engel v. Vitale (1962)
Held that state officials violated the 1st Amendment when they wrote a prayer to be recited by New York's school children.
-Used the "Establishment Clause".
New York Times v. Sullivan (1964)
-Held that statements about public figures are libelous only if made with malice and reckless disregard for the truth.
Katz v. United States (1967)
Required all police to carry a search warrant before wiretapping phones to gain intelligence.
Korematsu v. United States (1944)
-The Court sided with the federal government on implementing Japanese internment camps during WWII as a way of protection.
Tinker v. Des Moines (1969)
-Upheld the constitutionality of wearing black armbands to protest the Vietnam war.
-Court held that this counted as "symbolic speech" and was protected under the 1st Amendment.
Lemon v. Kurtzman (1971)
-Put restrictions on aid to church related schools.
1.) Funding must have a secular legislative purpose
2.) Have a primary effect that neither advances or inhibits religion
3.) Not foster an excessive government "entanglement" with religion.
-Used the "Establishment Clause"
Regents of the University of California v. Bakke (1971)
-Decision that held that a state university could not admit less qualified individuals solely because of their race.
-Overturned Affirmative Action.
Roe v. Wade (1972)
-Set up guidelines for women having an abortion.
-The most important part of this case is the implied right of right to privacy, which was never officially mentioned in the Constitution.
Furman v. Georgia (1972)
-First time the death penalty was questioned.
-Georgia overturned it, 35 states permitted it.
Texas v. Johnson (1989)
-Upheld the constitutionality of burning the American Flag.
-Court used the "symbolic speech" precedent previously established by Tinker v. Des Moines (1969).