13 terms

C&E: More Supreme Court Cases

Dred Scot v Sanford
Slaves are not US citizens and cannot exercise the rights of a citizen. Scot was not entitled to sue in a federal court - the case was thrown out.
Plessy v Ferguson
Supreme court ruled that segregation public places facilities were legal as long as the facilities were equal: "separate but equal" facilities were constitutional.
Brown v Board of Education of Topeka, KS
"Separate but Equal" creates a feeling of inferiority and has no place in public education - overturned Plessy v Ferguson by declaring "Separate but Equal" unconstitutional.
Heart of Atlanta Hotel v US
Hotels are part of interstate commerce and can therefore be regulated by the federal government - businesses involved in interstate commerce cannot discriminate according to the Civil Rights Act of 1964.
In re Gault
Defined due process for juveniles in the courts to include the following rights:
1) parents must be notified of the charges
2) an attorney
3) cross-examine witnesses
4) confront their accuser
5) remain silent.
Swann v Charlotte-Mecklenburg Board of Education
If states fall short of desegregating schools, federal courts have the authority to review plans presented by the state. The Supreme Court declared that busing is a legitimate means of helping provide desegregation in schools.
Roe v Wade
Prevents governments from interfering with a woman's right to an abortion during the first trimester of pregnancy. This case further defined the idea of privacy of an individual and their body.
Furman v Georgia
The death penalty is NOT cruel and usual punishment however the rules and procedures could be if they are applied unequally.
Board of Regents of the University of CA v Bakke
Affirmative action programs can allow for race to be a factor to ensure diversity but not the ONLY factor.
Dartmouth College v Woodward
The Court ruled that the charter for Dartmouth College and was protected under the contract clause of the U. S. Constitution; New Hampshire cannot unilaterally change the charter upholding the sanctity of contracts.
McCulloch v Maryland
1) Elastic Clause: the federal government, in exercising is regulation of the value of money, can create a national bank;
2) Supremacy Clause: no state may tax the federal government as a tax on the federal government is the same as taxing citizens of every state. Additionally, the "power to tax is the power to destroy" and no state should have that power over the federal government.
Gibbons v Ogden
Congress can regulate trade in full force once state boundary lines are crossed but has no right to regulate trade that is contained within the boundary of a state.
US v Nixon
A president may not claim executive privilege in a federal investigation and that the courts do have the authority to issue legal requests of the president - Rule of Law: no one is above the law.