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S.Court Cases

Key Court Cases

Marbury v. Madison (1803) Established judicial review; "midnight judges;" Jon Marshall; power of the Supreme Court.
McCulloch v. Maryland (1819) Established national supremacy and implied powers, use of elastic clause, state unable to tax fed. institution.
Plessy v. Ferguson (1896) Established separate but equal.
Schenck 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) Est. precedent of federalizing Bill of Rights (applying them to the states); states cannot deny freedom of speech --protected through due process clause of Amendment 14.
Palko v. Connecticut (1937) Provided test for determining which parts of Bill of Rights should be federalized -- those which are implicitly or explicitly necessary for liberty to exist.
Brown v. Board (1954) School segregation unconstitutional; segregation psychologically damaging to blacks; overturned Plessy v. Ferguson with the use of the 14th Amendment, unanimous decision of Warren Court.
Brown v. Board (1955) Ordered schools to desegregate "with all due and deliberate speed."
Mapp v. Ohio (1961) Est. exclusionary rule; illegally obtained evidence cannot be used in court (Warren Court)
Engel v. Vitale (1962) Prohibited state-sponsored recitation of prayer in public schools by virtue of Amendment #1's establishment clause and 14th amendment. Warren Court.
Baker v. Carr (1962) Ordered state legislative districts to be as near equal as possible in population.
Abbington v. Schempp (1963) Prohibited devotional Bible reading in public schools by virtue of due process & est. clause.
Gideon v. Wainwright (1963) Ordered states to provide lawyers for those unable to afford them in criminal proceedings.
Wesberry v. Sanders (1963) Ordered house districts to be as near equal in population as possible.
Griswald v. Connecticut (1965) Established right of privacy through 4th and 9th amendments.
Miranda v. Arizona (1966) Est. Miranda warnings of counsel and silence. Must be given before questioning.
Lemon v. Kurtzman (1971) Allowed states to provide textbooks and busing to students attending private religious schools.
Roe v. Wade (1973) Est. natl. abortion guidelines; trimester guidelines: no state interference in 1st. state may regulate to protect health of mother in 2nd, state may regulate to protect health of child in 3rd.
U.S. v. Nixon (1974) Allowed for executive privilege, but not in criminal cases.
Buckley v. Valeo (1976) 1st Amendment protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns.
U.C. regents v. Bakke (1978) Alan Bakke and UC Davis Medical School; strict quotas unconst., but states may allow race to be taken into account as ONE factor in admissions decisions.
Webster v. reproductive Health Services (1987) More leeway for state in regulating abortion.
Texas v. Johnson (1989) Struck down Texas law that banned flag burning, which is a protected form of symbolic speech.
Employment Division or Oregon v. Smith (1990) States could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote even though the use of the drug was part of a religious ritual.
Planned Parenthood v. Casey (1992) States can regulate abortion, but not with regulations that impose "undue burden" upon women, gave states more leeway in regulating abortion (24-hour waiting period, parental consent for minors).
Shaw v. Reno (1993) No racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.
U.S. v. Lopez (1995) Gun Free School Zone Act exceeded Congress' authority to regulate interstate commerce.
Clinton v. NY (1998) Banned presidential use of line item veto.
Bush v. Gore (2000) Use of 14th amendment's equal protection clause to stop the Florida recount in the election of 2000.
Zelman v. Simmons-Harris (2002) Public money can be used to send disadvantaged children to religious schools tuition voucher programs.
Ashcroft v. ACLU (2002) Struck down a federal ban on "virtual" child pornography.
Lawrence v. Texas (2003) Using right of privacy, stuck down Texas law banning sodomy.
Gratz v. Bollinger (2003) Struck down use of "bonus points" for race in undergrad admissions at U of M.
Grutter v. Bollinger (2003) Allowed the use of race as a general factor in law school admissions at U of M.
Kelo v. City of New London (2005) Eminent domain case: Local governments may force the sale of private property and make way for private economic development when officials decide it would benefit the public.
Gonzales v. Carhart (2007) Upheld Partial Birth Abortion Ban Act of 2003.
DC v. Heller (2008) Struck down a Washington DC ordinance that banned handguns.
Created by: cartmansav