Supreme Court Cases Worksheet

Marbury v. Madison
Judicial Review

How much power does s. court have? It has right to rule on law’s constitutionality

McCulloch v. Maryland
National Supremacy

In conflict between national or state gov’t, which is supreme? Congress has implied powers not specifically stated in const.

Gibbons v. Ogden
Interstate commerce

Who has power to control interstate commerce? Only congress has right to regulate it

Barron v. Baltimore
Eminent Domain

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

Dred Scott v. Sanford
Chattel, slaves are property, have no rights

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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Reynolds v US
polygamy

is religious duty a suitable offense for breaking the law? nope, belief is ok but practice but can’t be done

Plessy v Ferguson
separate but equal

is sep. but equal const? yes, leading to segregated public facilities

Weeks v US
exclusionary rule (fed)

is using evidence gained through illegal methods against somebody constitutional? nope, first application of exc. rule

Schenk v US
clear and present danger test

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)

Gitlow v NY
incorporation doctrine, bill of rights to state

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

Near v Minnesota
prior restraint (censorship before publishing)

is it violation of 1&14 amend to censor newspapers and target publishers? yeah, state censorship = unconst.

Korematsu v US
Japanese relocation/interment

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)

Brown v Board of Education
racial segregation, led to desegregation of schools

overturned plessy v. ferguson, deseg. of schools, equal opportunity to all races

Roth v US
unprotected obscenity

how do you define obscenity, is it protected by const?
it isn’t protected, has to be accepted by normal members of society

NAACP v Alabama
Right to associate (gather together)

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..)

Mapp v Ohio
exclusionary rule (state level)

does exc. rule also apply to states? yep! limits search and seizure, legally and properly gather evidence, needs probable cause

Baker v Carr
one person, one vote

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

Engle v Vitale
school prayer unconstitutional

is school recited prayer legal? nope, state officials can’t require prayers to be recited at public schools or compose official school prayer

Gideon v. Wainwright
felon’s right to counsel

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

NYT v Sullivan
actual malice of public officials

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)

Griswold v Connecticut
right to marital privacy, penumbras (unstated liberties)

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

Miranda v Arizona
right to remain silent, no self incrimination (5th amend)

do arrested people have right to consult attorney before/during interrogation? yep! everyone does

Tinker v. Des Moines Independent School District
Student symbolic speech/black arm bands

Do public school students have free expression rights in 1st amendment? Yes, freedom of symbolic speech granted to students if doesn’t interrupt peace

Lemon v. Kurtzman
government aid to religious schools

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)

NY times vs. US
Pentagon Papers

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

Reed v. Reed
womens’ rights and equal protection clause

Are men/women equal to each other? Can both own estates?

Wisconsin v. Yoder
Amish dudes

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)

Miller v. California
obscenity test/DEFINITION

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?

Roe v. Wade
legalized abortion

Should abortion be legalized? Yes, 14th amendment secured right to privacy of personal liberty and due process clause

US v. Nixon
Watergate scandal/ Executive privilege (no constitutional guarantee)

How powerful is executive privilege? Supreme Ct. has final say and no one is above law, including president

Buckley v. Valeo
campaign finance reform

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.

Gregg v. Georgia
Death penalty constitutional

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

Regents of UC v. Bakke
affirmative action and racial quotas

Are whites also protected by the 14th amendment? Yes, use of racial quotas in admissions unconstitutional, Bakke accepted into UC Davis

McCleskey v. Kemp
Death penalty vs. racial discrimination (applied fairly)

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.

Hazelwood School District v. Kuhlmeier
student freedom of press

Does the censorship of school newspapers violate 1st amendment rights? No, can censor for educational purposes and protection of other students’ privacy

Texas v. Johnson
flag burning

Can the US flag be desecrated? yes, protected symbolic speech

Oregon v. Smith
illegal drugs banned in religious ceremonies

Should religious groups be able to ignore generally applicable laws? Drugs in religious observances still illegal

Planned Parenthood v. Casey
Abortion REGULATION

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

Clinton v. NY
line-item veto

Should the pres. be allowed to use line-item veto? No, sucka

Bush v. Gore
voting recount unconstitutional

Did florida conduct a legal recount of votes? The Ct. sided w/ Bush, and Bush won electoral vote in Florida

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