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Supreme Court Cases
Unit 3 (Chapter 4 & 5) Supreme Court Cases
| Question | Answer |
|---|---|
| Barron v. Baltimore | Bill of Rights apply to the federal government |
| Gillow v. New York | Bill of Rights apply to the states (selective incorporation) |
| Employment Division Oregon v. Smith | upheld prosecution of persons using the drug peyote as part of religious rituals |
| Reynolds v. U.S. | polygamy is unconstitutional because religious isn't a suitable defense |
| Lemon v Kurtzman | three-pronged litmus test to make sure no law respecting ESTABLISHMENT CLAUSE (secular legislative purpose, neither advance nor inhibit religion, no excessive government "entanglement") |
| Engel v. Vitale | prayer in schools violates the ESTABLISHMENT CLAUSE |
| Everson v. Board of Education | upheld the ESTABLISHMENT CLAUSE (selective incorporation) |
| Cantwell v. Connecticut | upheld free exercise clause (selective incorporation) |
| Near v. Minnesota | PRIOR RESTRAINT - government can't prevent things from being published (censorship) |
| Schenck v. US | speech is limited if it presents a "clear and present danger" (FREE SPEECH) |
| Brandenburg v. Ohio | can do whatever, bud do not incite anyone to imminent lawless action (FREE SPEECH) |
| Miller v. California | materials were OBSCENE if... (determined by state government) |
| New York Times v. Sullivan | statements about public figures are libelous only if made with reckless disregard for truth (LIBEL & SLANDER) |
| Texas v. Johnson | burning the American flag is symbolic speech protected by the 1st Amendment (SYMBOLIC SPEECH) |
| Tinker v. Des Moines | wearing armbands in public school was constitutionally protected free speech (SYMBOLIC SPEECH) |
| McDonald v. Chicago | (2nd) government can't take away your guns (selective incorporation) |
| Mapp v. Ohio | (4th - rights of criminal defendants) EXCLUSIONARY CLAUSE - evidence can be dismissed if obtained unconstitutionally |
| Miranda v. Arizona | (5th - rights of criminal defendants) police have to read protections under 5th Amendment to citizens (SELF-INCRIMINATION) |
| Gideon v. Wainwright | (6th - rights of criminal defendants) gives people the right to an attorney (RIGHT TO COUNSEL) |
| Gregg v. Georgia | (8th - rights of criminal defendants) death penalty is constitutional and is not cruel or unusual (CRUEL & UNUSUAL PUNISHMENT) |
| Grisworld v. Connecticut | (9th - right to privacy) couples had to contraception |
| Roe v. Wade | (9th - right to privacy) abortion is legal |
| Planned Parenthood v. Casey | (9th - right to privacy) there are conditions for abortion (i.e. parental consent) |
| Dred Scott v. Sandford | slaves have no rights & invalidated the Missouri Compromise |
| Plessy v. Ferguson | upheld "equal but separate accommodations" |
| Brown v. Board of Education | overturned Plessy & school segregation unconstitutional & began integration of schools |
| Smith v. Allwright | ended white primaries |
| Harper v. Virginia State Board of Elections | Virginia's poll tax unconstitutional & 24th Amendment extended to all |
| Santa Clara Pueblo v. Martinez | affirmed tribal sovereignty |
| Korematsu v. United States | internment of Japanese-Americans during WWII constitutional |
| Bowers v. Hardwick | oral sex illegal (in Georgia) |
| Lawrence v. Texas | overturned Bowers & private homosexual acts protected by the Constitution |
| Regents of the University of California v. Bakke | racial quotas (set asides) unconstitutional & race is considered admissions |
| Gruter v. Bollinger | race could be considered a "plus" in admissions |
| United Steelworks v. Weber | help minority workers & didn't prevent other employees from advancing |
| Adarand Constructors v. Pena | affirmative action must be "narrowly tailored" to meet a "government interest" |
| civil liberties | the legal constitutional protections against the government |
| The Bills of Rights were written to restrict the __________ government | national (however, most have been incorporated and restrict the state governments) |
| civil rights | policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals |
| affirmative action | a policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group |
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Tiffanyy
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