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Law & Politics Cases
Midterm
| Question | Answer |
|---|---|
| Missouri ex. rel. Gaines v Canada | Issue: Does Missouri denying Gaines admission violate equal protection clause of section 1 of 14th amend? Rule: State must provide seperate but equal education to citizens, but if one doesn't exist for blacks, both whites & blacks can go to same school |
| Palko v. Connecticut | Palko convicted twice for the same crime - does this violate the protection against double jeopardy under 5th amend? Rule: The S.C upheld Palko's 2nd conviction. Protection against double jeopardy was not a fundamental right. |
| Plessy v. Fergusen | Issue: Segregation law in Louisiana dealing w. railway violated the equal protection clause of the 14th amend which forbids states from denying equal protection. Rule: State law is constitutional b/c political & civil rights are protected, not social. |
| Adkins v. Childrens Hospital | Issue: Do the regulations of the hospital board volate the liberty of contract as defined in Lochner v. NY? Rule: Min wage low for women violated the due process clause of 5th amend b/c it abridged a citizens right to freely contract labor. |
| Lochner v. NY | Issue: Lochner fined for allowing an employee to work more than 60 hrs/week Rule: NY law setting max hrs for bakers = unconstitutional b/c the right to buy & sell labor is a fundamental freedom protected by 14th amend due process clause. |
| Minersville v. Gobitis | Issue: Does mandatory flag salute go against the free exercise clause of religion of 1st amend? Rule: Local school districts attempt to promote national unity does not violate free exercise of religion clause of 1st amend as included by 14th. |
| McCulloch v. Maryland | Issue: Maryland sued McCulloch (cashier) for refusal to pay bank taxes. Rule: Congress has implied powers under the necessary/proper clause of Art 1 Sect 8 to create the second bank therefore maryland (state) cannot tax federal laws. |
| Marbury v. Madison | Issue: Madison did not deliver commission Rule: Applied principle of "judicial review". Court could not grant writ b/c Sect 13 of Judiciary Act of 1789 which granted right to do so was unconstitutional. |
| West Virginia State Board v. Barnette | Issue: Does mandatory flag salute in public schools violate 1st amend? Rule: Court overruled its decision in Minersville v Gobbitis & held that mandatory flag salute is unconstitutional |
| West Coast Hotel Co. v. Parrish | Fact: Elsie Parrish, employee, received sub-min wage for her work Issue: Does min-wage law violate the liberty of contract as constructed under the 5th amend and applied by 14th? Rule: Establishment of minwage for women = constitutionally legitimate |
| Gitlow v. NY | Fact: Gitlow arrested for distributing documents that called for socialism bc it went against NY criminal anarchy law Issue: Ny law = unconstitutional violated of free speech clause in 1st amend? Rule: No b/c if states perceive document as danger it |
| Brown v. Board of Ed | Fact: Blacks denied admission to white public schools due to segregation. Issue: Does segregation of kids in pub. schools deprive blacks of their rights under equal protection under 14th? Rule: Yes. |
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