Court cases

Gregg v. Georgia

-The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment. -The dealth penalty was upheld as constitutional because it was imposed based on the circumstances of the case. -upheld new Georgia death penalty laws requiring dual-phase trial and special circumstances; capital punishment does not constitute cruel & unusual punishment of 8th Amendment.

This case deals with state legislatures redistricting congressional districts. Do the federal courts hold the jurisdiction to step in if districts are deemed to be unconstitutionally drawn? The answer is yes. Legislative redistricting by states present justiciable (remember that term?) questions. There is a similar outcome a few years later in the case of Reynolds v. Sims.

Baker v Carr

The Due Process Clause of the Fourteenth Amendment incorporated the Double Jeopardy Clause of the Fifth Amendment for the states as a result of this case. SCOTUS overturned the larceny conviction of a man tried for the same crime twice.

Benton v. Maryland

This guy in the KKK was arrested for a hate speech. He says he is protected by the 1st amendment (free speech). Is he right? Yes. Unless your speech is going to cause "imminent lawless action" or "likely to incite such action", it is protected. In this case, the state could not prove their case.

Brandenburg v. Ohio

Overturned Plessy; segregation was NOT legal.

Brown v. Board of Education

This landmark case ended segregation in schools in 1954. Segregation violates the 14th amendment's Equal Protection Clause. Too bad this decision was not really enforced for many years afterward.

Brown v. Board of Education

Which case invoked the 14th Amendment's Equal Protection Clause to hold that "separate but equal" education is unconstitutional?

Brown v. Board of Education

The court ruled that affirmative action programs are not a violation of the 14th amendment's equal protection clause. HOWEVER, the use of quotas by institutions is unconstitutional. It is a fine line.

California v Bakke

The court ruled that prayer in school is unconstitutional. It violates the 1st amendment Establishment Clause (freedom of religion)/separation between church

Engel v. Vitale

Marbury v Madison

Established judicial review!

In ____ v. ____, the Supreme Court ruled that current death penalty laws were unconstitutional because they were considered "cruel and unusual"-in violation of the Eighth and Fourteenth Amendments. The death penalty is unusual if it discriminates defendant by reason of race, religion, wealth, social position, or class.

Furman v Georgia

The plaintiff (from NJ) sued the defendant (from NY) because NY law gave the defendant a monopoly on commerce along the Hudson River. The court ruled that states cannot prevent citizens of other states from participating in commerce. Obviously the court cited the commerce clause of Article 1 section 8 of the Constitution.

Gibbons v. Ogden

Ruled that people have the right to an attorney even if they cannot afford one. This case incorporates the 6th Amendment to the states by way of the 14th.

Gideon v. Wainwright

This case guarantees your 6th amendment right to a lawyer even if you cannot afford one.

Gideon v. Wainwright

The case perpetuated the concept of selective incorporation. Socialist was arrested for distributing communist propaganda in violation of the state's anarchy law. Does free speech protect him from being arrested? Yes and NO. First, the court said that civil liberties in the Bill of Rights apply at the state level as well as federal (selective incorporation). Second, his free speech overthrowing the gov was not protected - "dangerous tendency" test.

Gitlow v. US

Does the Constitution protect marital privacy when it comes to contraception? YES! The court ruled that the combination of the 1st, 3rd, 4th, and 9th amendments protected the right to privacy in marriage.

Griswold v. Connecticut

In which case did the Supreme Court establish a right to marital privacy?

Griswold v. Connecticut

A principal took a couple of questionable articles out of a school newspaper. Students sued him saying it violated free speech, expression, press. Court ruled that schools do not have to promote speech that could potentially cause disorder in the school. Administrators have discretion to determine acceptable speech. School Wins!

Hazelwood v. Kuhmleier

Ruled that it was legal to put Americans into internment camps during wartime -the president and Congress DID NOT go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent

Korematsu v. United States

Pennsylvania and Rhode Island laws made it legal to use state money toward non-public schools (with the focus being on private Catholic schools). The court said this was unconstitutional and established the Lemon Test as a result (3 points to test establishment clause type cases).

Lemon v Kurtzman

Ruled that interracial marriage is legal and protected under the 14th's Equal Protection Clause.

Loving v Virginia

This case establishes the "exclusionary rule." Any evidence illegally obtained by law enforcement cannot be used against you in court. That illegally obtained evidence would violate the 4th amendment (protected from unreasonable search and seizure)

Mapp v. Ohio

Which of the following resulted in application of the Necessary and Proper clause of Article II?

McCulloch v. Maryland

A particular state sued over the establishment of a National Bank (in that state) in the early 1800s. The federal gov't said they had the right to establish a National Bank. The Court agreed based on the Necessary and Proper Clause (implied powers), Supremacy Clause (fed>state), and Commerce Clause.

McCullough v. Maryland

Ruled that people have to have their rights read to them upon arrest so they do not self-incriminate.

Miranda v. Arizona

This landmark case established the rights, many of us know by heart, that are required to be read upon being charged with a crime. This case involves the 5th amendment (protection from self-incrimination) and 6th amendment (because of the lawyer part of your rights).

Miranda v. Arizona

Which case related to the 5th Amendment?

Miranda v. Arizona

Schools do not need warrants or probable cause to search students. Schools only need reasonable suspicion. The 4th amendment rights do not extend to students in order to maintain safety in schools

New Jersey v TLO

Ruled that burning the American flag is protected speech under the 1st amendment.

Texas v Johnson

The desecration of national emblems (in this case, the american flag) is NOT against the law. Burning a flag (or other emblems) is protected by free speech/expression in the 1st amendment.

Texas v Johnson

Gibbons v. Ogden is importance because of the application of...

The Commerce Clause

Griswold v. Connecticut

The Court ruled that the First, Third, Fourth, Ninth, and Fourteenth Amendements created "zones of privacy" and enhanced the concept of enumerated rights. - right to privacy in martial relations

The Regents of California v. Bakke decision said that...

race may be considered in college admission, but only as one of several factors

Plessy v. Ferguson established...

separate but equal

Gitlow v. New York

- 14th amendment means that courts must apply 1st amendment (free speech) to states -free speech overthrowing the gov was not protected "dangerous tendency" test.

Mapp v. Ohio

- 4th Amendment incorporated to states -extends EXCLUSIONARY RULE to states (all levels of the gov) -S.C. applies the 4th Amendment to the states. Evidence obtained in an illegal search and seizure is not admissible at a state trial

Miranda v. Arizona

- 5th Amendment - self incrimination - must have procedural safeguards in place to make sure suspect is aware of rights -created MIRANDA rights- must be read to all suspects at arrest and receive acknowledged understanding of them

McCulloch v. Maryland

- Congress had the power to make the bank and Maryland can not tax this or any other piece of national gov. because it would violate SUPREMACY clause - Const. and law made in accordance with it are supreme to the laws of the respective states

De Junge v. Oregon

- Court established that the right of association (assembly) was as important as other First Amendment rights and used the due process clause of the Fourteenth Amendment to apply freedom of assembly to the states

Mcdonald v Chicago

- Court held that the right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the Due Process Clause of the 14th Amendment and applies to the states. - decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states.

Hazelwood School District v. Kuhlmeier

- Did the principal's deletion of the articles violate the students' rights under the First Amendment? -First Amendment did not require schools to affirmatively promote particular types of student speech. - Court held that schools must be able to set high standards for student speech disseminated under their auspices, and that schools retained the right to refuse to sponsor speech that was "inconsistent with 'the shared values of a civilized social order.'"

Lemon v. Kurtzman

- ESTABLISHMENT CLAUSE - No state funding for private religious schools. State tax dollars must be secular and not advance or inhibit the religion

Gideon v. Wainright

- Procedural due process - 6th amend. right to counsel (lawyer) in criminal cases extend to lower crimes in states -protected by 14th amendment, right to defense -state courts should appoint attorneys for defendants who can't afford counsel

Roe v. Wade

- Right to privacy - abortion falls into right to privacy - unfettered choice during first trimester - Texas law struck down

New Jersey v. TLO

- Schools have an interest to maintaining order so search powers are broad -"reasonable suspension" to continue search - TLOs 4th Amendment rights (privacy)

Brown v. Board of Education

- overturned "separate but equal" -1954 case that overturned Separate but Equal standard of discrimination in education.

Texas v. Johnson

-A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment. - He is burning a flag on the steps of the Dallas city hall - there is a law that you cannot desecrate the US flag - 5-4 decision that say sit is okay for burn the American flag because it is free speech

Baker v. Carr

-A law that was designed to apportion seats of the Tennessee General Assembly was ignored. Result: Legislative apportionments are under the Supreme Court's jurisdiction. "one person, one vote" -14th A. Baker says the law did not help economic growth. -"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's judicial activism.

Barron v. Baltimore

-Bill of rights was written to limit federal gov. doesn't apply to states -5th amendment -The guarantee in the 5th Amendment that private property shall not be taken "for public use, without just compensation" is not applicable to state governments as well as the federal government -not to states bc only national gov

Robinson v. California

-Case dealt with a law that said it was illegal to be addicted to the use of narcotics. Court struck down the law saying that it was cruel and unusual punishment since they were punishing an illness. - 8 amendment

Benton v. Maryland

-Court ruled that through the Due Process Clause of the Fourteenth Amendment, states had to accept the legal rights of their citizens, specifically in this case, the freedom from double jeopardy. - The double jeopary clause of the 5th amend. were applicable to states in the identical way in which they applied to the national govt. -Charged with burglary and larceny - goes through trial and is acquitted of larceny but convicted of burglary - jury tampering was discovered and he had to be tried again - the second time, he was found guilty of both - Supreme Court said this was double jeopardy and it is unconstitutional

US v Nixon

-EXECUTIVE PRIVELEGE -nixon must hand over tapes - executive privilege limited to military and diplomatic affairs but due process of law matters more

Tinker v. Des Moines

-Guaranteed a student's right to protest (wearing armbands). - Court ruled that wearing black armbands in protest of the Vietnam War was symbolic speech, protected by the First Amendment.

United States v. Lopez

-Gun Free School zones exceed Congress's interstate commerce powers. -LIMITS power of federal government -Commerce Clause

Parker v. Gladden

-Right to an impartial jury -6th Amendment Right to trial by an impartial jury and be confronted with the witnesses against him -Alford pled guilty to second-degree murder but declared to the court that he was in fact innocent, and was pleading guilty only to avoid the death penalty.

Engle v. Vitale

-School sanctioned prayer in school-violates Establishment Clause (Warren), first amendment establishment clause. -Supreme Court ruled that a prayer intended to be recited every school day in New York State public schools violated the Establishment Clause and was unconstitutional -Court said prayer in public schools crossed line separating church and state

Everson v. Board of Education

-The Court upheld a New Jersey policy of reimbursing parents of Catholic school students for the costs of busing their children to school. -A New Jersey law allowing reimbursements of money to parents who sent their children to school (public and private) on buses operated by the public transportation system did not violate the establishment clause or the 1st and 14th Amendments. -New Jersey passed a law that made arrangements to reimburse parents for money spent on transporting children to private school - taxpayers were angry - Supreme Court said it was constitutional - kids have the same equal rights to get to school safety if they go to private or public school

Furman v. Georgia

-Use of the death penalty deemed disportioncate for crime -Furman was robbing a home when a resident came home. He ran, tripped, fell, and his gun went off and killed the resident. Furman was given the death penalty. Result: In these instances, this is cruel and unusual punishment and in violation of the 8th Amendment -State death penalties (as then applied) are arbitrary and violate equal protection of 14th Amendment.

Cantwell v. Connecticut

-cannot restrict loitering based on religious grounds and the ct cannot supress free communication of views - the government may not establish a particular religion - establishment clause -Jehovah's Witnesses went door to door advertising their religion. Arrested for violating a local ordinance for solicitation and inciting a breach in the peace. Result: the state does not have the power to put out an ordinance to limit freedom of religion. Does the ordinance violate the 1st A? - yes

Gibbons v. Ogden

-commerce clause -Court said Const. gives fed gov. power to regulate interstate commerce, therefore defining among the several states to have a broad interpretation -Used later by Congress to argue that Commerce clause gives them broad authority to regulate economic activity

Plessy v. Ferguson

-court upholds separate but equal doctrine -segregated public facilities= constitutional as long as they were "separate but equal" -set precedent of legal segregation and strengthened state power

Loving v. Virginia

-didn't pass the rational purpose test -state can't discriminate or classify due to race for no legitimate reason

Korematsu v. United States

-gov, during "emergency and peril" can protect against spying (more important than individual rights) -gov forced internment of Japanese Americans after Pearl Harbor b/c of possible espionage

California v. Bakke

-quotas are unconstitutional -race as a factor in admissions is constitutional (as long as you aren't reserving spots for African Americans, Latinos)

Washington v. Glucksberg

-the Court clearly stated that the liberty interest protected by the US Constitution does not ​ include the right to commit suicide, with or without assistance -This 1997 Supreme Court case held that the right to privacy protected by the 14th Amendment Due Process Clause does NOT include the right to assisted suicide ("euthanasia"). Three states currently allow assisted suicide. It is a serious crime everywhere else.

Brandenburg v. Ohio

1969--Determined that a law that proscribes advocacy of violence for political reform is constitutional if applied to speech that is not directed toward producing imminent lawlessness and is not likely to produce such action is not constitutional -Court made "clear and present" danger test less restrictive by ruling that using inflammatory speech would be punished only if there was an imminent danger that this speech would incite an illegal act. -1st Amendment of the United States Constitution ensures that every citizen of the U.S. is granted the freedom to express themselves so long as it does not pose a threat on anyone else. The speech or expression also cannot be delivered with a threat of violence.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury. In this case, a bailiff's statement to jurors, "Oh, that wicked fellow, he is guilty", and "If you find him guilty and there is anything wrong, the Supreme Court will correct it" was deemed unconstitutional under the 6th and Due Process Clause under the 14th .

Parker v Gladden

Ruled that segregation was legal as long as spaces were equal; "separate but equal"

Plessy v. Ferguson

The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. States cannot make laws outlawing abortion.

Roe v. Wade

Ruled that students do not shed freedom of speech at school as long as it is not disruptive.

Tinker v. Des Moines

Ah, don't forget the black armband case. This was a victory for students upholding their 1st amendment free speech rights in school. Paraphrasing...student's rights to free speech do not end at the schoolhouse door...unless that speech substantially disrupts the school environment.

Tinker v. DesMoines

A kid in San Antonio was arrested for bringing a gun to school. He was charged by federal authorities citing the federal law: the Gun-free School Zone Act of 1990. The student argued the Act was unconstitutional because Congress did not have the authority to legislate public schools (that is a state thing) citing the Commerce Clause. The Supreme Court agreed saying a gun in school has no economic effect and is therefore out of the jurisdiction of the federal gov't.

US v Lopez

This case is based on the watergate scandal. The President tried to use his executive privilege to withhold information during the investigation. The court said he couldn't do that. His executive privilege does not protect him from due process (he is not above the law).

US v. Nixon