The Basics:
Marbury v. Madison 1803 Established
concept
of judicial review.
McCulloch v. Maryland 1819 Upheld
implied
powers and supremacy of federal law over the states.
Gibbons v. Ogden 1824 Broad
definition of Congress' power to regulate commerce.
Barron v. Baltimore 1833 Bill of Rights
applies
only to the national government
Gitlow v. New York 1925 Bill of Rights
now
protects speech and press from state and local governments.
Religion
Reynolds v. U.S. 1878 Mormon polygamy
case.
Religion no protection from law. Distinguishes between freedom of
religious beliefs and freedom of religious action.
Engle v. Vitale 1962 No sponsorship or
encouragement
of prayer by public school employees.
Lemon v. Kurtzman 1971 Three part test for
violation
of establishment clause.
Wisconsin v. Yoder 1972 Amish children
allowed
to not attend school because of religion.
Wallace v. Jaffree 1985
Moment of silence not unconstitutional but depends on intent.
Edwards v. Aguillard 1987 Cannot require
teaching
of creationism in science class.
Dept. of Human Services of Oregon v. Smith 1990
Use of peyote, banned by state, not protected by religion.
Lee v Weisman 1992 Prayer at graduation not allowed
Church of Lukumi Babalu Aye v City of Hialeah 1993 Religious
rituals protected from restrictive local laws.
Speech and Press
Schenk v U.S. 1919 Clear and present
danger
sufficient to deny speech
Brandenberg v. Ohio 1969 Speech
protected
unless it is producing imminent lawless action.
New York Times v. U.S. 1971 Pentagon
Papers
case. Government could not suspend publication of sensitive
material.
Miller v. California 1973 Clarification
of
obscenity
Texas v. Johnson 1989 Burning of flag as
symbolic
speech upheld
Buckley v Vallejo 1976 Can
limit campaign contributions, but cannot limit campaign expenditures
because it is free speech
Civil Rights
Plessy v. Ferguson 1896 Segregation
allowed
when accommodations were separate as well as equal.
Brown v. Board of Education 1954
Segregation
of races in schools is inherently unequal and in violation of equal
protection
clause of the14th amendment.
Swann v. Charlotte-Mecklenburg 1971
Allowed
busing to achieve integration in schools.
U. of Calif. Regents v. Bakke 1978
Race
cannot be used as sole criterion for admission but may be one of many
factors
considered.
Gratz v. Bollinger and Grutter
v. Bollinger 2003
U. of Mich law school can use race to select. Undergrad point
system for admission based on race is out.
Rights of the Accused
Mapp v. Ohio 1961 Exclusionary
rule.
Evidence illegally obtained may not be used.
Gideon v. Wainwright 1963 Those accused
of
felonies must have a lawyer appointed for them if they cannot afford
one.
Miranda v. Arizona 1966 Rights must be
read
to criminal suspects.
Katz v. U.S. 1967 People, not
areas
are protected against unrestricted searches.
Terry v. Ohio 1968 Police suspicions
sufficient
to warrant a search of an individual
U.S. v. Nixon 1974 No absolute executive privilege when
evidence
needed for criminal trial.
New Jersey v. T.L.O. 1985 Students have less expectation
of
privacy in school.
Roper v. Simmons 2005 Death
penalty for minors is cruel and unusual punishment
Gender and Privacy
Griswold v. CT 1963 Law
prohibiting use of contraceptives violates "sphere of privacy" in
people's
private lives.
Loving v. Virginia 1967 Laws against
miscegenation
unconstitutional.
Roe v. Wade 1973 Women’s privacy makes antiabortion laws
unconstitutional
except during specified times of the pregnancy.
Rostker v. Goldberg 1981 Upheld selective
service
for men only.
Bowers v. Hardwick 1986 Right to privacy is
not
absolute. Upholds laws banning sodomy.
Lawrence v Texas 2003 Overrules Bowers. Finds
consensual
adult sexual conduct protected by 14th Amend.
Cruzan v. Director, Mo. Dept. of Health 1990
Right
to die. Clear and convincing evidence of patient intentions can
be
required before feeding tube removed.
Romer v. Evans 1996 Equal protection for
homosexuals
United States v. Virginia (VMI) 1996
State
funded institution cannot deny admission to women
Reapportionment
Baker v. Carr 1962 One person –one
vote
in state reapportionment
Reynolds v. Simms 1964 Reapportionment
decisions
of state legislatures could be challenged in court.
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