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S.Court Cases
Key Court Cases
| Question | Answer |
|---|---|
| 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. |
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