Civil Liberties/Bill of Rights
Amish parents refused to send their children to school after the 8th grade in accordance with their religion. The court held that the requirement to send children to school beyond 8th grade was unconstitutional and an individual's interest in the free exercise of religion was more powerful than a federal interest in sending children to school beyond 8th grade.
What is Wisconsin v. Yoder (1972)?
The process of extending the protections of the Bill of Rights by means of the 14th Amendment to apply to the actions of state governments
What is incorporation?
State legislatures, based on political affiliation, create congressional districts, many of which are oddly shaped and favor their own political party in the state making changes.
What is Gerrymandering?
Passage of The Civil Rights Act of 1964 outlawed these "laws" that had been in place in the South since the early 1960's.
What are Jim Crow laws?
This case, also known as the Pentagon Papers case had to do with the First Amendment. The Nixon Administration tried to prevent a newspaper from publishing material that belonged to a Defense Department study about US intervention in Vietnam. President Nixon stated that it was necessary to national security to prohibit it before publication, also known as prior restraint.
In a 6-3 vote, the Court established that there was a “heavy presumption against prior restraint” even for national security purposes. This is a key case to know for freedom of the press!
What is N.Y. Times v. The United States (1971)?
This doctrine ensures that states and localities cannot pass laws that infringe upon the rights guaranteed in the United States Constitution.
The Supreme Court is most likely to utilize this doctrine in a scenario in which an individual claims that the state is infringing upon constitutional rights.
What is Selective Incorporation?
CQ: Are the congressional districts in Tennessee a violation of the Equal Protection Clause of the 14th Amendment?
Majority Opinion: Yes, these districts violate the 14th Amendment - led to the “one person, one vote” doctrine
What is Baker v. Carr (1961)?
Case relating to the racial segregation of schools. African American students had been denied admittance to public schools because of these segregation laws, and many argued violation of the Constitution.
The Court held that “separate but equal is inherently unequal,” and therefore racial segregation of public schools is unconstitutional. The segregated schools allowed by the previous Plessy case were declared unconstitutional. This had a MAJOR IMPACT on the US and required desegregation of all public schools
What is Brown v. Board of Education (1954)?
A group of students wore black arm bands to school protesting the Vietnam War. The students were sent home and sued their school district for violating freedom of expression. SCOTUS held that students still have free speech rights at school. In order to justify suppression of speech, the speech must substantially interfere with school's operations.
What is Tinker v Des Moines (1969)?
A woman was denied abortion rights in Texas because state law prohibited abortions except in cases where the mother's life was in danger.
SCOTUS held that a woman's right to an abortion fell within the right of privacy and therefore is protected by the 14th Amendment
What is Roe v. Wade (1973)?
The determination of legislative district boundaries as a result of population changes measured every ten years by the census.
What is apportionment?
In 1816, the Second Bank of the United States was chartered; soon after, in 1818, however, a state decided to pass a law that imposed taxes on the bank. A cashier at a branch of the Second Bank, decided not to pay the tax. The state court had ruled that the Bank was unconstitutional, to begin with, and that the federal government did not have the authority to charter a bank.
It was decided that through Congress’ implied powers, they had the ability to create a bank. Congress also concluded based on the Supremacy Clause that because the national laws were superior to state laws, the states were not allowed to tax the federal government.
What is McCullough v. Maryland (1819)?
At the beginning of each day, a short voluntary prayer would be recited at schools in New York. Organizations filed a lawsuit claiming prayer violated the Constitution and was a violation of the Establishment Clause. The court held that states cannot hold voluntary prayers in public schools. Schools cannot sponsor religious activities.
What is Engel v Vitale (1962)?
A handgun ban law was passed in a major American city, and several suits were filed against the city challenging the ban after another case (District of Columbia v. Heller). In that case, the Court had held that a DC handgun ban violated the Second Amendment. There, since the law was enacted by the federal government, the Second Amendment was applicable.
In its decision, the Court stated that the handgun ban was unconstitutional in a 5-4 decision. Because the right to self-defense was fundamental, the 2nd Amendment was incorporated to the states through the Fourteenth Amendment’s due process clause.
What is McDonald v. Chicago (2010)?
Several North Carolina residents challenged a proposed, unusually shaped district. This district put a majority of African Americans together. This district was accused of being racially gerrymandered.
Majority Opinion 5-4: This district was political apartheid and segregated blacks from whites. Yes - a violation of the Equal Protection clause.
What is Shaw v. Reno (1993)?
A Texas high school senior brought an unloaded, concealed weapon inside of school. Federal charges were soon imposed because of his violation of the Gun-Free School Zones Act of 1990. The act stated that individuals could not possess firearms within school zones based on the premise of the Commerce Clause.
In the ruling, the law was considered unconstitutional since having a gun in the school zone did not substantially affect interstate commerce, which is a clear provision in the commerce clause. This case also reaffirmed the Tenth Amendment, which protects states’ rights. It was clear through this case that the commerce clause did not grant Congress limitless power.
What is U.S. v. Lopez (1995)?
A member of the socialist party in Philly passed out leaflets stating the military draft violated the 13th amendment (which prohibits involuntary servitude). SCOTUS held that the Espionage Act did not violate the 1st Amendment and it was an appropriate exercise of Congress' wartime authority.
This cases helped define the limits to the 1st Amendment right to free speech, particularly during wartime. It created the "Clear and Present Danger" standard, which explains when the consequences of speech allow the government to limit it.
Don't yell "fire!" in a crowded theater!
What is Schenck v. The United States (1919)?
A man in Florida was charged in state court with a felony of breaking and entering. He requested a court-appointed attorney, however Florida state law said an indigent (poor) person could only have an appointed attorney in capital crimes (cases resulting in the death penalty).
SCOTUS holding was that the 6th Amendment's right to counsel applies to state court defendants via the 14th Amendment, thusly incorporating court appointed attorneys to the states.
What is Gideon v. Wainwright (1963)?
James Madison argued a system of republican representation helps to limit the excesses of factionalism in this Federalist essay.
What is Federalist 10?
The 1800 election ended in a defeat for John Adams to Thomas Jefferson. Before Adams’ term ended, Congress passed the Judiciary Act of 1801 (creating new courts, adding new judges). It was an effort by John Adams to keep his own influence in federal courts even though he was leaving office (still occurs today.) His appointments to these courts, however, were not valid until the appointed judges were delivered their commissions by Jefferson’s Secretary of State. One of the appointed judges commission was not delivered.
The Court held that although legally, the commission should have been delivered, the clause of the Judiciary Act of 1789 which enabled the appointee to bring the case to court was unconstitutional. By declaring a law made by Congress unconstitutional, the practice of judicial review was established.
What is Marbury v. Madison (1803)?