Unit 5 Gov Court Cases
Terms in this set (49)
Marbury v Madison 1803
Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court
McCulloch v. Maryland 1819
Established national supremacy; established implied powers; use of elastic clause; John Marshall; "The power to tax is the power to destroy."
Plessy v. Ferguson 1896
Established separate-but-equal doctrine.
Weeks v. U.S. 1914
Exclusionary Rule applies to federal government.
Schenk v. U.S. 1919
Oliver Wendell Holmes; clear and present danger test; shouting fire in a crowded theater; limits on speech, esp. in wartime.
Gitlow v. New York 1925
Established precedent of federalizing Bill of Rights; states cannot deny freedom of speech—it is protected through the 14th Amendment.
Palko v. Connecticut 1937
Provided test for determining which parts of the Bill Of Rights should be federalized—-those which are explicitly or implicitly necessary for liberty to exist.
Smith v. Allwright 1944
Banned white only primaries.
Everson v. Board of Education 1947
Incorporated the Establishment and Free Exercise Clauses.
Wolf v. Colorado 1949
Incorporated the 4th Amendment, but not the exclusionary rule to the states.
Brown v. Board (1st) 1954
School segregation unconstitutional; seg. psych . damaging to blacks; overturned separate but equal doctrine of Plessy; Warren Courts judicial activism; unanimous decision.
Brown v. Board (2nd) 1955
Forced schools to desegregate "with all due and deliberate speed."
Mapp v. Ohio 1961
Est. Exclusionary rule: illegally obtained evidence cannot be used in court- it is "excluded," Warren Court's judicial activism.
Engel v. Vitale 1962
Prohibited state-sponsored recitation of prayer in schools by virtue of Amendment 1's establishment clause; Warren Court's judicial activism.
Baker v. Carr 1962
"One man, one vote," ordered state legislative districts to be as near equal in population as possible; Warren Court's political judicial activism.
Abbington v. Schempp 1963
Prohibited devotional Bible- reading in public schools by virtue of Amendment 1's establishment clause; Warren Court's judicial activism.
Gideon v. Wainright 1963
Ordered states to provide lawyers to those who are unable to afford them; Warren Court's judicial activism in area of criminal rights.
Wesberry v. Sanders 1963
Ordered House districts to be as near equal in population as possible.
Heart of Atlanta Motel v. U.S. 1964
Upheld Title II of Civil Rights Act of 1964 banning discrimination in public accommodations based on race, color, national origin, or religion.
Escobedo v. Illinois 1964
Expanded rights of the accused ; giving suspects the right to remain silent and the right to have counsel present during questioning.
Griswold v. Connecticut 1965
Established right if privacy through 4th and 5th Amendments.
Pointer v. Texas 1965
Right to confront witnesses. Accused of committing a robbery; no counsel; did not cross-examine witness in grand jury indictment; indicted. Witness moved and prosecution used transcript of grand jury testimony for trial. Courts rule must be allowed to cross-
Sheppard v. Maxwell 1966
Case was too public due to pre-trial publicity. Resulted in unfair trial.
Miranda v. Arizona 1966
Est. Miranda warnings of counsel and silence for those accused of a crime; must be given before questioning; Warren Court's judicial activism in area of criminal rights.
Duncan v. Louisiana 1968
Court established the right to trial by jury in state criminal cases where the accused faces a serious charge and sentencing
Epperson v. Arkansas 1968
Prohibited states from banning the teaching of evolution.
Benton v. Maryland 1969
The Court ruled that double jeopardy was a right incorporated in the 14th Amendment as a restriction on the states.
Tinker v. Des Moines 1969
The wearing of armbands was "closely akin to 'pure speech'" and protected by the First Amendment. School environments imply limitations on free expression, but here the principals lacked justification for imposing any such limits. The principals had failed to show that the forbidden conduct would substantially interfere with appropriate school discipline.
Lemon v. Kurtzman 1971
Est. 3-part test to determine if establishment clause is violated: 1) nonsecular (religious) purpose 2) advances or inhibits religion 3) excessive entanglement with govt.
Reed v. Reed 1971
Cannot arbitrarily give preference of one gender over another. Property rights in Idaho case after son dies with no will.
Furman v. Georgia 1972
Indiscriminate application of death penalty unconstitutional.
Miller v. California 1973
Established guidelines for obscenity; instead of defining obscenity as being that which utterly lacks redeeming value, obscenity is now which lacks serious redeeming value-makes it somewhat easier to convict on obscenity charges.
Roe v. Wade 1973
Est. National abortion guidelines; trimester system:
1st trimester : no state interference
2nd trimester: state may regulate to protect health of mother.
3rd trimester: state may regulate to protect health of an unborn child.
US v. Nixon 1974
Allowed for executive privilege, but not when criminal case involved; "Even the president is not above the law," Watergate.
Lau v. Nichols 1974
States must provide bilingual education or some type of support for students whose native language is not English.
UC Regents v. Bakke 1978
Alan Bakke and UC Davis Med School; strict quotas
unconstitutional, but states may allow race to be taken into
account as ONE factor for admission decision; Bakke admitted.
Plyler v. Doe 1982
The Court reasoned that illegal aliens and their children, though not citizens of the United States or Texas, are people "in any ordinary sense of the term" and, therefore, are afforded Fourteenth Amendment protections. Since the state law severely disadvantaged the children of illegal aliens, by denying them the right to an education, and because Texas could not prove that the regulation was needed to serve a "compelling state interest," the Court struck down the law.
Bowers v. Hardwick 1986
Denied that the practice of homosexual sodomy is not a fundamental right and states can outlaw this practice.
Webster v. Reproductive Health Services 1987
More leeway for states in regulating abortion, although no overturning of Roe v. Wade.
Texas v Johnson 1989
Flag burning is a form of symbolic speech, therefore it may not be restricted.
Planned Parenthood v. Casey 1992
States can regulate abortion, but not with regulations imposes an "undue burden" upon women; did not overturn Roe v. Wade, but gave states more leeway in regulating
abortion (e.g. allows 24-hour waiting period, parental consent for minors).
Adarand v. Pena 1995
Strict scrutiny for affirmative action programs: such programs must be narrowly tailored to serve a compelling interest.
Miller v. Johnson 1995
Struck down racial gerrymandering: race cannot be a predominant factor in drawing district lines.
US v. Lopez 1995
Stated that Gun-Free School Zones Act exceeded Congress' authority to regulate interstate commerce. Could weaken the commerce clause as a major source of congressional power.
Reno v. A.C.L.U. 1997
Extended First Amendment freedom of speech rights to the internet. Repealed part of the Communications Decency Act of 1996.
Boy Scouts of America v. Dale 2000
Boy Scouts have constitutional right to bar homosexuals from serving as troop leaders.
Lawrence v. Texas 2003
Lawrence and Garner were free as adults to engage in the private conduct in the exercise of their liberty under the Due Process Clause. "Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government," wrote Justice Kennedy. "The Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual,
Gratz v. Bollinger 2003
Racial preferences for undergraduate admissions violates the equal protection clause.
Grutter v. Bollinger 2003
University Michigan Law school can use race as a factor in admissions because no acceptance or rejection is based
automatically on race and the use of race is narrowly tailored.
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