Supreme Court Cases Worksheet
How much power does s. court have? It has right to rule on law’s constitutionality
In conflict between national or state gov’t, which is supreme? Congress has implied powers not specifically stated in const.
Who has power to control interstate commerce? Only congress has right to regulate it
Does bill of rights apply to states AND fed gov’t?
No, only applies to fed gov’t, state can build whatever it wants even if interrupted by Baltimore’s business
Does const. protect rights of slaves and do slaves have same rights as white US citizens? No, they aren’t citizens, not “free” in free states, nullified Missouri Comp.
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is religious duty a suitable offense for breaking the law? nope, belief is ok but practice but can’t be done
is sep. but equal const? yes, leading to segregated public facilities
is using evidence gained through illegal methods against somebody constitutional? nope, first application of exc. rule
were the limited civil liberties during WWI const? yes, there were greater restrictions on first amend rights, “clear and present danger” test (can’t say “fire” in movie theater)
is freedom of speech protected by bill of rights when talking about gov’t? it was okay for Gitlow to publish his communism ideas b/c it didn’t lead to violent acts
is it violation of 1&14 amend to censor newspapers and target publishers? yeah, state censorship = unconst.
is it const. to relocate Jap. Americans b/c of race? Yes b/c during war time, war > personal rights
(they were later compensated money for their troubles)
overturned plessy v. ferguson, deseg. of schools, equal opportunity to all races
how do you define obscenity, is it protected by const?
it isn’t protected, has to be accepted by normal members of society
did Alabama’s requirement violate due process clause of 14th amend? required it to reveal to state attorney home/address of agents in state used to prohibit NAACP from functioning, blacks have rights, can’t be violated w/o reason
(I copied this from Ian and his writing was messy and I don’t really get this case but anyways, yeah..)
does exc. rule also apply to states? yep! limits search and seizure, legally and properly gather evidence, needs probable cause
what is equal representation? some rural districts have less people than urban areas, unfair b/c they might get more rep (based on the person ratio), census will help, redistricting the court, equal rep. of electoral districts
is school recited prayer legal? nope, state officials can’t require prayers to be recited at public schools or compose official school prayer
are those charged with felony entitled to representation? do citizens have right to counsel? yep! they all have rights to do this, second half of miranda rights derived from this
is media allowed to publish misleading info, libel, slander, etc? nope! set “actual malice standard”f or determining libel (pretty hard to prove malicious intent)
is there a right to privacy, family planning, and marital rights? yep, contraceptives are ok, married couples do what they want, reference for future cases
do arrested people have right to consult attorney before/during interrogation? yep! everyone does
Do public school students have free expression rights in 1st amendment? Yes, freedom of symbolic speech granted to students if doesn’t interrupt peace
Is it considered a violation of the 1st amendment’s establishment clause if states provide financial aid to religious institutions? Created 3 pronged test to check whether legislation for religion const. or not (1. secular legislative purpose 2. neither advance/inhibit religion 3. no “excessive gov’t entanglement” w/ religion)
Should the press be able to publish confidential war info during wartime? Yes, it is protected under the 1st amendment’s freedom of press/ speech
Are men/women equal to each other? Can both own estates?
Can you break the law for religious reasons when it comes to education? Yes, can drop out of school for religious purposes after 8th grade (specifically aimed towards Amish bc they are self-sufficient)
What determines obscenity? Development of Miller test: 1) Is it porn? 2) Does it show various aspects of sex? 3) Does it lack any serious artistic, literary, political purpose?
Should abortion be legalized? Yes, 14th amendment secured right to privacy of personal liberty and due process clause
How powerful is executive privilege? Supreme Ct. has final say and no one is above law, including president
Are limits place on campaign funding justified and constitutional? Yes, to a certain extent. Struck down limits placed on personal funds towards own campaign, however.
Would the death sentence of Gregg be ruled as cruel and unusual punishment? Death penalty must have objective criteria and judge/jury determine defendant’s character
Are whites also protected by the 14th amendment? Yes, use of racial quotas in admissions unconstitutional, Bakke accepted into UC Davis
Can you use racial discrimination as an excuse to appeal the death penalty? Upheld the death penalty, and said that the death penalty is not racist.
Does the censorship of school newspapers violate 1st amendment rights? No, can censor for educational purposes and protection of other students’ privacy
Can the US flag be desecrated? yes, protected symbolic speech
Should religious groups be able to ignore generally applicable laws? Drugs in religious observances still illegal
Can abortion rights be regulated? Need 24 hr. waiting period before you can get abortion, minors need judicial/parent consent, wife does NOT need consent of their spouse
Should the pres. be allowed to use line-item veto? No, sucka
Did florida conduct a legal recount of votes? The Ct. sided w/ Bush, and Bush won electoral vote in Florida