A.P. Gov. Supreme Court Case Test

United States v. Lopez (1995)

A 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises. The next day, the state charges were dismissed after federal agents charged Lopez with violating a federal criminal statute, the Gun-Free School Zones Act of 1990. He was given 6 months in prison. Ruling was that Congress had exceeded its commerce clause power by prohibiting guns in a school zone, Gun Free School Act ruled unconstitutional.

New Jersey v. TLO (1985)

A 14 year old caught smoking cigarettes in a school RR. VP forced student to hand over the purse, where rolling papers were in plain view, and his search revealed a small amount of marijuana, rolling papers, a pipe, empty plastic bags, a large quantity of money in $1 bills, an index card that appeared to list students who owed TLO money, and two letters that implicated TLO in dealing marijuana. The principal then called the police and the girl's mother, who voluntarily drove her to the police station. She was convicted of dealing and use of illicit drugs. She was expelled from the school and fined $1,000.Court ruled School searches without warrants possible. The Fourth Amendment's prohibition on unreasonable searches and seizures applies to searches conducted by public school officials (administrators), and the search of student's purse was reasonable.

Roper v. Simmons (2005)

A 17 year old along with two younger friends, committed burglary and murder by breaking and entering, tying up a victim. The 17 year old, who confessed to the murder was sentenced to death. However, the court ruled, that the Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed.

Regents of the University of California v. Bakke (1978)

A 35-year-old white man, was rejected by a Medical School even though his qualifications exceeded those of any of the minority students admitted. The school reserved 16 places in each class of one hundred for "qualified" minorities. He argued he was excluded from admission solely on the basis of race. The court ruled that affirmative action programs in principle are constitutional, but a strict quota system wasn't.

Gibbons v. Ogden (1824)

A New York state law gave to individuals the exclusive right to operate steamboats on waters within state jurisdiction. The Supreme Court ruled the New York law was invalid because the Commerce Clause of the Constitution designated power to Congress to regulate interstate commerce and that the broad definition of commerce included navigation. The Interstate Commerce Clause gives Congress broad powers.

Wal-Mart Stores v. Dukes (2011)

A group of women from a company sued, claiming they represented all of the 1.6 million women in that company. They argued they were paid less and were promoted slower than their male counterparts. Plaintiffs failed to show that their proposed class shares a common question of law or fact required under.

Bethel v. Fraser (1986)

A high school student made a speech nominating a fellow student for elective office. In his speech, he used what some observers believed was a graphic sexual metaphor. Ruling that obscene or vulgar student speech is not protected under the first amendment.

Near v. Minnesota (1931)

A journalist published a scandal sheet, in which he attacked local officials, charging that they were implicated with gangsters. The court ruled that the Freedom of the Press be upheld. No "Prior Restraint" allowed. A state law that imposed permanent injunctions against the publication of newspapers with "malicious, scandalous, and defamatory" content violated the First Amendment, as applied to the states by the Fourteenth.

Brandenburg v. Ohio (1969)

A leader in the Ku Klux Klan, made a speech at a Klan rally and was later convicted under an State criminal syndicalism law. Ruling was that this State's criminal syndicalism statute violated the First Amendment, as applied to the state through the Fourteenth, because it broadly prohibited the mere advocacy of violence rather than the constitutionally unprotected incitement to imminent lawless action.

McDonald v. Chicago (2010)

A man decried the decline of his neighborhood, describing it as being taken over by gangs and drug dealers. His lawn was regularly littered with refuse and his home and garage had been broken into a combined five times, with the most recent robbery committed by a man McDonald recognized from his own neighborhood. He could own a shotgun but his city had banned handguns. The court ruled that the right of an individual to "keep and bear arms" is protected under the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment against the states.

Miranda v. Arizona (1966)

A man was arrested for kidnap and rape but was not informed of his right to have an attorney present. Later he admitted to the crimes. The Court ruled that police must read you your rights upon arresting you, warning you of your 5th Amendment rights. The Fifth Amendment right against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his or her rights to remain silent and to obtain an attorney.

Furman v. Georgia (1972)

A man was burglarizing a private home when a family member discovered him. He attempted to flee, and in doing so tripped and fell. The gun that he was carrying went off and killed a resident of the home. He was convicted of murder and sentenced to death. The arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and constitutes cruel and unusual punishment.

Gideon v. Wainwright (1963)

A man was charged in a Florida state court with a felony: having broken into and entered a poolroom. Ruling was that states must provide attorneys in state cases for those who can not afford one, right to counsel. The Sixth Amendment right to counsel is a fundamental right applied to the states via the Fourteenth Amendment to the United States Constitution's due process clause, and requires that indigent criminal defendants be provided counsel at trial.

dissenting opinion

A opinion written by a justice who disagrees with the majority opinion

Good News Club v. Milford (2001)

A school denied a Christian group access to the school's limited public forum on the ground that the group was religious in nature. The court ruled that it discriminated against the Club because of its religious viewpoint in violation of the Free Speech Clause of the First Amendment. Religious are allowed to meet on campus based on Freedom of Speech.

Hazelwood School District v. Kuhlmeier (1988)

A school newspaper was found to have inappropriate articles and the principal prevented them from being published. The court ruled that school newspapers do not qualify as public forums, so censorship by the school administration does not violate students' right to free speech.

Reynolds v. United States (1879)

A secretary in the office of the president of the LDS church was married to two wives, and was convicted and sentenced to two years hard labor in prison and a fine of five hundred dollars. The court ruled that bigamy is not legal simply because it may be a religious activity. The Free Exercise Clause of the First Amendment protects the right to hold any religious belief, but not the right to engage in any religious activity whatsoever.

Gitlow v. New York (1925)

A socialist, was arrested for distributing copies of a "left-wing manifesto" that called for the establishment of socialism through strikes and class action of any form. He was convicted under a state criminal anarchy law, which punished advocating the overthrow of the government by force. Ruling that there can be limits on speech about anarchy, but free speech is incorporated by the 14th amendment. The Fourteenth Amendment prohibits states from infringing free speech, but the defendant was properly convicted under this states Criminal Anarchy Law because he disseminated newspapers that advocated the violent overthrow of the government.

litmus test

A way to establish the ideological purity of judges

Fisher v. University of Texas (2013)

A white female, applied for undergraduate admission to a state university. She was denied admission and claimed that the Universities' use of race as a consideration in admission decisions was in violation of the equal protection clause of the Fourteenth Amendment. The court ruled that race may be used in college admission but only under a standard of strict judicial scrutiny. Meaning, if a law denies equal protection it must serve a compelling state interest and be narrowly tailored.

Mapp v. Ohio (1961)

A woman was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive. She appealed her conviction on the basis of freedom of expression. Court ruled that warrants are needed for all evidence to be used. Establishes the "exclusionary rule" of evidence obtained in illegal searches which excludes unconstitutionally obtained evidence from use in criminal prosecutions.

Roe v. Wade (1973)

Abortion is allowed in the first trimester of a pregnancy, right to privacy-1st and 4th Amendments. Ruled that the Texas law making it a crime to assist a woman to get an abortion violated her due process rights.

Wisconsin v. Yoder (1972)

Amish parents refused to send their children to such schools after the eighth grade, arguing that high school attendance was contrary to their religious beliefs. However, Wisconsin law that required all children to attend public schools until age 16. The Supreme Court ruled that Amish do not have to attend school after 8th grade due to the Free Exercise of Religion.

concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

McCulloch v. Maryland (1819)

Created the use of Implied Powers. Also used the Supremacy Clause and allowed for the creation of Federal Banks. Although the Constitution does not specifically give Congress the power to establish a bank, it does delegate the ability to tax and spend, and a bank is a proper and suitable instrument to assist the operations of the government in the collection and disbursement of the revenue. Because federal laws have supremacy over state laws, states have no power to interfere with the bank's operation by taxing it.

Citizens United v. FEC (2010)

Debate over funding for Hillary: The Movie, that questioned her fitness to become president. Ruling that political spending is a form of protected speech under the First Amendment, and the government may not keep corporations or unions from spending money to support or denounce individual candidates in elections.

Schenck v. U.S. (1919)

During World War I, a man mailed circulars to draftees protesting the war. He was charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitment. Establishes clear and present danger, You "cannot yell fire in a crowded theater." Defendant's criticism of the draft was not protected by the First Amendment, because it created a clear and present danger to the enlistment and recruiting service of the U.S. armed forces during a state of war.

Marbury v. Madison (1803)

Established Judicial Review. The Supreme Court claimed for itself the right to determine the Constitutionality of laws.

Lemon v. Kurtzman (1971)

Established a 3 pronged test determined for religious cases. First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster an excessive government entanglement with religion.

Baker v. Carr (1962)

Established one person, one vote, electoral procedures of states.

Texas v. Johnson (1989)

Flag burning is protected by the First Amendment. A statute that criminalizes the desecration of the American flag violates the First Amendment.

Loving v. Virginia (1967)

In 1958, a black woman, and a white man, were married in the District of Columbia. The couple moved to a state with an anti-miscegenation statute, which banned inter-racial marriages. They were found guilty and sentenced to a year in jail. The court ruled that bans on interracial marriage violate the Equal Protection Clause.

Stare Decisis

Let the decision stand; decisions are based on precedents from previous cases

Activist or Evolutionist Judges

Make decisions based on modern feelings

Originalist Judges

Make decisions based on the Constitution as the Founders intended

Brown v. Board of Education (1954)

Separate is not equal, equal protection clause. Segregation of students in public schools violates the Equal Protection Clause of the Fourteenth Amendment, because separate facilities are inherently unequal.

Dred Scott v. Sanford (1857)

Slaves are still property even when living in free states. Persons of African descent cannot be, nor were ever intended to be, citizens under the U.S. Const. Plaintiff is without standing to file a suit. The Property Clause is only applicable to lands possessed at the time of ratification (1787). As such, Congress cannot ban slavery in the territories. Missouri Compromise is unconstitutional. Due Process Clause of the Fifth Amendment prohibits the federal government from freeing slaves brought into federal territories.

Wallace v. Jaffree (1985)

State endorsement of prayer activities in schools is prohibited by the Establishment Clause in the First Amendment.

Morse v. Frederick (2007)

Students held up a sign saying, "BONG HiTS 4 JESUS" as the Olympic torch passed by. Students were suspended. Court ruled that schools may take steps to safeguard those entrusted to their care from speech that can be regarded as encouraging illegal drug use, the school officials in this case did not violate the First Amendment by confiscating a pro-drug banner.

Reno v. ACLU (1997)

The 1996 Communications Decency Act criminalized the intentional transmission of "obscene or indecent" messages as well as the transmission of information which depicts or describes "sexual or excretory activities or organs" in a manner deemed "offensive" by community standards. The act was unconstitutional, since it was overly broad and vague in its regulation of speech on the internet, and it attempted to regulate indecent speech, which is protected-first internet case.

Buckley v. Valeo (1976)

The Court upheld some federal limits on campaign contributions, but held spending limits unconstitutional.

Korematsu v. U.S. (1944)

The Government can intern citizens in times of emergency. The exclusion order leading to the internment of Japanese Americans was ruled constitutional.

Church of the Lukumi Babalu Aye v. City of Hialeah (1993)

The congregation practiced Santeria that used animal sacrifice as a form of worship and in many cases the animal would be eaten. A city ordinance prohibited possession of animals for sacrifice or slaughter, with specific exemptions for state-licensed activities. The ruling was that governments cannot restrict religiously-mandated ritual slaughter of animals, regardless of the purpose of the slaughter.

Gregg v. Georgia (1976)

The court was asked if the death penalty constitutes cruel and unusual punishment. The court ruled that imposition of the death penalty does not, automatically, violate the Eighth and Fourteenth Amendment. If, however, the death penalty is mandatory, such that there is no provision for mercy based on the characteristics of the offender, then it is unconstitutional.

Plessy v. Ferguson (1896)

The state of Louisiana enacted a law that required separate railway cars for blacks and whites. Supreme Court ruled that Separate is Equal. The "separate but equal" provision of private services mandated by state government is constitutional under the Equal Protection Clause.

Majority opinion

The winning side in Supreme Court Ruling. Writing of this is assigned by the Chief if he is in the majority.

Oregon v. Smith (1990)

Two Indian counselors, ingested peyote -- a powerful hallucinogen -- as part of their religious ceremonies. As a result of this conduct, the rehabilitation organization fired the counselors. The counselors filed a claim for unemployment compensation. The government denied them benefits because the reason for their dismissal was considered work-related "misconduct." The Free Exercise Clause permits the State to prohibit sacramental peyote use and thus to deny unemployment benefits to persons discharged for such use. Neutral laws of general applicability do not violate the Free Exercise Clause of the First Amendment.

Tinker v. Des Moines (1969)

Wearing armbands in school as a form of protest is legal, symbolic speech. The case that ruled that students do not lose Constitutional rights when they entered the building but they can be limited if they cause a disruption; Black armbands in school is free speech, protected by 1st amendment, symbolic speech.

amicus curiae

a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by immediate parties to a case

Lawrence v. Texas (2003)

Responding to a weapons call, police discovered two men engaged in a consensual homosexual act. State law forbade two persons of the same sex to engage in certain intimate sexual conduct. The court ruled that the law was unconstitutional and violated the equal protection clause of the Fourteenth Amendment.

Writ of Certiorari

Order by the a court directing a lower court to send up the records of a case for review.

New York Times v. US (1971)

No prior restraint of the Pentagon Papers allowed. To exercise prior restraint, the Government must show sufficient evidence that the publication would cause a "grave and irreparable" danger.

Engel v. Vitale (1962)

No required daily prayer in public school allowed. Government-directed prayer in public schools violates the Establishment Clause of the First Amendment, even if the prayer is denominationally neutral and students may remain silent or be excused from the classroom during its recitation.