click below
click below
Normal Size Small Size show me how
S. Court Cases
Mr. Dickersons Supreme Court Case flashcards
| Case Name | Amendment | Court Ruling | Description |
|---|---|---|---|
| Abington Township v. Schempp, 1963 | -First Amendment, Establishment Clause | No Religion in Schools | A Pennsylvania State law required reading from the Bible each day at school as an all-school activity. Some parents objected and sought legal remedy. When the case reached the Court, it agreed with the parents, saying that the Establishment Clause and Fre |
| Argersinger v. Hamlin, 1972 | -Sixth and Fourteenth Amendment, Right to Counsel for Misdemeanors | A lawyer must represent anyone tried with possible jail time. | John ______ was charged with carrying a concealed weapon, a misdemeanor in the State of Florida. The charge carried with it a maximum penalty of six months in jail and a $1,000 fine. During a BENCH trial, he was convicted. An attorney did not represe |
| Baker v. Carr, 1962 | -Fourteenth Amendment, Equal Protection Clause. | The Court directed a trial to be held in Tennessee Federal Court. | Rapid population growth in Nashville and reluctance of the rural-dominated Tennessee legislature to redraw State legislature districts led Mayor _____ of Nashville to ask for Federal Court help. The Federal District Court refused to enter the “political t |
| Bens v. Brady, 1942 | -Sixth and Fourteenth Amendments, Due Process | Constitution supersedes state law | A Maryland man named _____ was unable to pay for an attorney but was denied court-appointed counsel under Maryland law. Defending himself, he was found guilty. When he appealed, the Court further developed the “special circumstances” rule it had begun in |
| Brown v. Board of Education of Topeka, Kansas, 1954 | -Fourteenth Amendment, Equal Protection Clause | Segregation is a denial of the equal protection of the laws | A 10-year-old girl was no permitted to attend her neighborhood school because she was an African American. The Court heard arguments about whether segregation itself was a violation of the Equal Protection Clause and found that it was, |
| California v. Greenwood, 1988 | -Fourth Amendment, Illegal Evidence | Evidence is admissable if in plain sight | Acting on a tip that Billy _______ was selling narcotics, police examined trash bags that had been picked up from __________ house. Items associated with drug use were found in the garbage and were listed in the application for a search warrant. The s |
| Dred Scott v. Sandford, 1857 | -Fourteenth Amendment, Individual Rights | The decision in this case held property rights over human rights | saying that _________, a slave, could not become a free man just because he had traveled in “free soil” states with his master. A badly divided nation was further fragmented by this decision. “Free soil” federal laws and the Missouri Compromise line of 1 |
| Engel v. Vitale, 1962 | First Amendment, Establishment Clause | No Religion in Schools | The State Board of Regents of New York required the recitation of a twenty-two word nonsectarian prayer at the beginning of each school day. A group of parents filed suit against the required prayer, claiming it violated their First Amendment rights |
| Furman v. Georgia, 1972 | -Eighth Amendment, Capital Punishment | Equal punishment under the law. | Three different death penalty cases, including ______, raised the question of racial imbalances in the use of death sentences by state courts. _______ had been convicted and sentenced to death in Georgia. In deciding to overturn existing state death-penal |
| Gibbons v. Ogden, 1824 | -Article 1, Section 8, Commerce Clause | Affirmed federal control of intersate commerce. | This decision involved a careful examination of the power of Congress to “regulate interstate commerce.” Aaron ______’s exclusive New York ferry license gave him the right to operate steamboats to are from New York. He said that Thomas ______’ federal “c |
| Gideon v. Wainwright, 1963 | -Sixth Amendment, Right to Counsel | Everyone needs a lawyer is jailtime is possible | _______ wrote an in forma peuperis petition to the Supreme Court because he did not have an attorney at trial. ______won a new trial and was found not guilty with the help of a court appointed lawyer. He was arrested and tried without the help of an atto |
| Gitlow v New York, 1925 | -First Amendment, Freedom of Speech | Amendments act together to protect Americans | For the first time, the Court considered whether the First and Fourteenth Amendments had influence on State laws. The case, involving “criminal anarchy” under New York law was the first considerations of what came to be known as the “incorporation” doctri |
| Hazelwood School District v. Kuhlmeir, 1988 | -First Amendment, Student Rights of Press. | No complete free speech in school | The Principal of ________East High School in St. Louis County, Missouri removed two articles from the student written newspaper. He labeled the articles as inappropriate and unsuitable for students. The local school board supported the principal. The Co |
| In Re Gault, 1966 | -Fourteenth Amendment, Due Process Clause | The Court overturned the juvenile proceedings and required that states provide ‘some of the due process guarantees of adults’ | Prior to this case, proceedings against juveniles were handled as “family law” not “criminal law” and therefore provided with few due process guarantees. Gerald _____ was given six years in a state juvenile detention center for an alleged obscene phone ca |
| Korematsu v. United States, 1944 | Article II, Section 2, Presidential Powers and Duties, and Fifth Amendment, Due Process Clause. | pressing public necessity may sometimes justify the existence of restriction which curtail the civil rights of a single racial group | Due to Executive Order 9066, Americans of Japanese descent were relocated to internment camps after the attack on Pearl Harbor. |
| Mapp v. Ohio, 1961 | -Fourth and Fourteenth Amendments, Illegal evidence and Due Process Clause | A search warrant is needed, and must be limited to what the search is looking for. | Admitting evidence gained by illegal searches was permitted by some state constitutions before _____. Cleveland police raided Ms. _____’s home without a warrant and found obscene materials. She appealed her conviction, saying that the Fourth and Fourteent |
| Marbury v. Madison, 1803 | Article III, Judicial Powers | . The Court declared a portion of the Judiciary Act of 1789 unconstitutional, thereby declaring the Court’s power to find acts of Congress unconstitutional. | Chief Justice John Marshall established “judicial review: as a power of the Supreme Court. After defeat in the 1800 election, President Adams appointed many Federalists to the Federal Courts, but the commissions were not delivered. New Secretary of State |
| McCullouch v. Maryland, 1819 | -Article I, Section 8, Necessary and Proper Clause | States can not tax federal entities or possesions | This is called the Bank of the United States case. A Maryland law required federally chartered banks to use only special paper to print money, which amounted to a tax. James _________, the cashier of the Baltimore branch of the bank refused to use the pa |
| Miranda v. Arizona, 1966 | Fifth, Sixth, and Fourteenth Amendments, Rights of the Accused | A criminal must be read his rights | Arrested for kidnapping and sexual assault, Ernesto ________ signed a confession which included a statement that he had “full knowledge of [his] legal rights…” After conviction, he appealed, claiming that without counsel and without warnings, the confessi |
| Near v. Minnesota, 1931 | -First Amendment, Freedom of Press | The Court voted five to four in Near’s favor and held that the Minnesota Public Nuisance Abatement Law was a prior restraint on the press that violated both the First Amendme | _____, a journalist, printed articles that many people didn’t like. Using a 1925 Minnesota law an injunction was obtained to “perpetually” prohibit Near from publishing any “malicious, scandalous or defamatory newspapers.” |
| New Jersey v. T.L.O., 1985 | Fourth and Fourteenth Amendments, Unreasonable Searches and Seizures | The Court created a “reasonable suspicion” rule for school searches | ______ was caught smoking in a bathroom at school. She was taken to the principal’s office for questioning and she denied that she had smoked. She even went so far as to say she did not smoke at all. Her purse was searched by a vice-principal. He found ci |
| Olmstead v. United States, 1928 | -Fourth and Fifth Amendments, Search and Seizure and Self Incrimination | The wiretapping of the conversations was no violating the fifth Amendment due to the fact that the conversations were not forced | Roy ________ was a suspected bootlegger. Without judicial approval, federal agents installed wiretaps in the basement of his office building and in the streets near his home. _______ was convicted with the information obtained from the wiretapping. The C |
| Plessy v. Ferguson, 1896 | -Fourteenth Amendment, Equal Protection Clause | Segregated public facilities were permitted until Plessy was overturned by the Brown v. Board of Education case of 1954 | A Louisiana law required separate seating for white and African-American citizens on public railroads, a form of segregation. Herman ______ argued that his right to “equal protection of the laws” was violated. The Court held that segregation was permitted |
| Regents of the University of California v. Bakke, 1978 | -Fourteenth Amendment, Equal Protection Clause | The Court in a five to four majority ruled that the admissions quota violated the equal protection clause | A medical school used a quota for minority students. Alan _____, a white applicant, was denied admission. He found out that several minority students with lesser scores were admitted to this school. He took the school to court after he found out about the |
| Roe v. Wade, 1973 | Ninth Amendment, right to Privacy | ”. The Court upheld a woman’s right to choose in this case | A Texas woman challenged a State law forbidding the artificial termination of a pregnancy, saying that she “had a fundamental right to privacy”. |
| Schenck v. United States, 1919 | First Amendment, Freedom of Speech | the Schenck case created a precedent that First Amendment guarantees were not absolute. | Charles ______ was an officer of an anti-war political groups who was arrested for alleged violations of the Espionage Act of 1917, which made active opposition to the war a crime. He had urged thousands of young men called to service by the draft act to |
| South Dakota v. Opperman, 1976 | -Fourth Amendment, Search and Seizure | Court ruled that the search was part of a legal routine inventory required of the police and, therefore, was inevitable and legal. | After a respondent’s car had been impounded for multiple parking violations the police, following standard procedures, inventoried the contents of the car. In doing so, they discovered marijuana in the glove compartment, for which the respondent was subse |
| Texas v. Johnson, 1989 | First Amendment, Freedom of Speech. | The Court ruled that the Texas law placed an unconstitutional limit on “freedom of expression | Gregory _______ led a protest against national policies outside the Dallas convention center where the 1984 Republican National Convention was held. As part of this protest, he burned a U.S. flag. He was arrested and convicted under a Texas law prohibitin |
| Tinker v. Des Moines School District, 1969 | -First Amendment, Free/Symbolic Speech | The wearing of armbands was not going to disrupt the school environment. | Three students wore black armbands to school in protest of the War in Vietnam. School officials had announced that the wearing of these armbands was not permitted prior to the students wearing them. The students were suspended. The fathers filed a complai |
| United States v. Nixon, 1974 | Separation of powers, Executive Privilege | the Court limited executive privilege. | President ______was asked to release tapes of his meetings with advisors after the Watergate break-in. President _______refused to release them. The special prosecutor asked the Court to compel the President to release all the tapes. The Court overruled t |
| United States v. Santana, 1976 | -Fourth Amendment, Search and Seizure. | The Court upheld the search Since the police had probable cause to arrest and search her at that point | Using marked money, police officers made an undercover heroin buy from a third party who, upon taking the money from the officers, entered “Mom ______’s” house and emerged with heroin. Officers then arrested the third party and returned to ______’s house |
| Wallace v. Jaffree, 1985 | -First Amendment, Establishment Clause. | The Court decided for Jaffre | From 1978 to 1982 the Alabama legislature passed three laws pertaining to prayer in public schools. ______ filed suit against the school board of Mobile Country to challenge the 1981 and 1982 Alabama laws permitting a period of silence and prayer in publ |
| Worcester v. Georgia, 1832 | -Fifth Amendment, Right to Property | Supreme Court ruled that citizens had no right to enter Cherokee lands without the consent of the Indians President Andrew Jackson refused to enforce the Supreme Court’s decision and ordered the removal of Indians to lands west of the Mississippi river | Two Protestant missionaries were convicted for residing on Indian lands |
| Leandro vs. State of North Carolina, 1997 | -Article I, Section 16 and Article IX, Section 2 of the North Carolina Constitution | These two “articles combine to guarantee every child of this state an opportunity to receive a sound basic education in our public schools | Ability for a sound education which includes literacy, geography and basic working skills, as long as the education to go to a higher level school. |