Key Court Case Quiz

Established judicial review;
“midnight judges;”
John Marshall;
power of the Supreme Court.

Judicial review
Midnight judges
john marshall
power of supreme court

Established national supremacy;
established implied powers;
use of elastic clause;
state unable to tax fed. Institution;
John Marshall;
“the power to tax involves the power to destroy.”

national supremacy
implied powers
elastic clause
state cant tax federal intsituionts
John Marshal "power to tax involevd the power to destroy"


STATES NO TAX FED INST
NATIONAL SUPREMACY
IMPLIED POWERS
ELASTIC CLAUSE

Established seperate but equal

Oliver Wendell Holmes;
clear and present danger TEST ;
shouting “fire” in a crowded theater;
limits on speech, esp. in wartime.

Established 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

federalizing bill of rights
due process clause 14th
states no deny free speech

DUE PROCESS CLAUSE 14th
FEDERALIZING BILL OF RIGHTS
states no deny free speech

Provided test for determining which parts of Bill of Rights should be federalized –
those which are implicitly or explicitly necessary for liberty to exist.


Palko test
determines which parts of bill of rights federalized (applied to states)
which parts necessary for liberty

School segregation unconstitutional;
segregation psychologically damaging to blacks;
overturned separate but equal;
use of 14th Amendment;
judicial activism of Warren Court;
unanimous decision.



segregation unconsitution
harms black people
oveturn sep but equal
14th amentment
judicial activsm
unanimous desicion

Ordered schools to desegregate “with all due and deliberate speed.”

Established exclusionary rule;
-> illegally obtained evidence cannot be used in court;
Warren Court’s judicial activism

Prohibited
state-sponsored recitation of prayer in public schools by virtue of
->Amendment One’s establishment clause and
-> 14th Amendment’s due process clause;
Warren Court’s judicial activism.


amendment 1 establishemtn clause
14th amendment due process clause

Ruled that legislative apportionment is a justiciable issue;
paved the way for “One man, one vote” cases like Reynolds v Sims which
-> -ordered state legislative districts to be as near equal as possible in population;
Warren Court’s political judicial activism.

legislation apportionment is justiciable
precedent for 1man 1vote,, reynolds v. Sims
reyonlds v. sims legislative dircits pop must be as equal as possible

APORTIONMENT IS JUSTICABLE

Prohibited devotional Bible reading in public schools by virtue of establishment clause and due process clause.
Warren Court’s judicial activism.


establishment clause
due process clause

Ordered states to provide lawyers for those unable to afford them in criminal proceedings.
Warren Court's judicial activism in criminal rights.

Ordered House districts to be as near equal in population as possible
(established "one man one vote" for the House of Representatives)

Established Miranda warnings of counsel and silence.
Must be given before questioning.
Warren Court's judicial activism in criminal rights

Allowed states to provide textbooks and busing to students attending private religious schools.
Established 3-part test to determine if establishment clause is violated:
nonsecular purpose, advances/inhibits religion, excessive entanglement with government.

Established national 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 unborn child in 3rd.
Inferred from right of privacy estab. in Griswold v. Connecticut

Allowed for executive privilege, but not in criminal cases,
"Even the President is not above the law,"
Watergate.

1st Amendment portects campaign spending:
Legislatures can limit contributions,
but not how much one spends of his own money on campaigns.

Alan Bakke and UC Davis Medical school
strict quotas unconsitutional, but
states may allow race to be taken into account as ONE factor in admissions decisions (a "considering factor").
Bakke admitted.

Court ruled that a state's ban on the use of contraceptives violated the right to marital privacy.
The case concerned a Connecticut law that criminalized the encouragement or use of birth control.
Set precedent for Roe v. Wade.

The Constitution does not confer a right to abortion;
Roe v. Wade and Planned Parenthood v. Casey are overruled;
returns the decision back to the states,
essentially sending us back to 1973

Struck down Texas law that banned flag burning,
which is a protected form of symbolic speech

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.

States can regulate abortion, but not with regulations that impose “undue burden” upon women;
did not overturn Roe v. Wade,
but gave states more leeway in regulating abortion (e.g., 24-hour waiting period, parental consent for minors)

No racial gerrymandering;
race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

Gun Free School Zones Act
exceeded Congress’ authority to regulate interstate commerce.

Banned presidential use of lne item veto

Use of 14th amendment's equal protection clause to stop the Flordia recount in the election of 2000

Using right of privacy,
struck down Texas law banning sodomy

Struck down use of “bonus points” for race in undergrad admissions at University of Michigan.

Allowed the use of race as a general factor in law school admissions at University of Michigan.

The Supreme Court ruled that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states.

Struck down Washington DC ordinance that banned handguns

Held that armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it; students do not lose their 1st Am speech rights when they step onto school property; the students could only be stopped if their actions would “materially and substantially interfere” with the operation of the school

Court upheld the “no prior restraint” rule against U.S. in favor of the NYT being able to publish documents that did not rise to a level of national security

The Court held that individual's interests in the free exercise of religion under the First Amendment outweighed
the State's interests in compelling school attendance beyond the eighth grade.

The majority held that under the First Amendment corporate funding of independent political broadcasts in candidate elections cannot be limited;

the majority maintained that political speech is indispensable to a democracy,
which is no less true because the speech comes from a corporation.