Court Cases
Sets up precedent of Judicial Review when John Marshall says that the court has no right to hear Marbury’s case. He interprets the constitution to reach this conclusion.
What is Marbury v. Madison (1803)?
Establishes separate but equal treatment for whites and non-whites. Based on Homer Plessy’s desire to sit in a white train, despite his being ⅛ black.
What is Plessy v. Ferguson (1896)?
Protects flag burning as symbolic speech.
What is Texas v. Johnson (1989)?
Dispute between two parties; Consists of statutes and common law
What is civil law?
This court has both original jurisdiction and appellate jurisdiction.
What is The Supreme Court?
The government must show significant harm in order to prevent the NY Times from publishing leaked materials showing the government’s misleading statements regarding the war in Vietnam.
What is New York Times v. United States (Pentagon Papers Case) (1971)?
Judge claimed that a former slave who had lived free in a free state but then moved to a slave state. cannot then be free in that slave state because ‘no slaves were ever free’. This ruling is overturned by the 13th amendment.
What is Dred Scott v. Sanford (1857)?
Students cannot be denied the right to wear politically active clothing so long as they don’t sufficiently interfere with the successful operation of the school.
What is Tinker v. Des Moines School District (1969)?
A statement of legal reasoning behind a judicial decision. The content of an opinion may be as important as the decision itself.
What is an opinion?
Plaintiff & Defendant, Attorneys, Groups
What is a litigant?
A writer cannot be sued for libel unless they’re reporting facts that they know are false.
What is New York Times v. Sullivan (1964)?
States can limit abortions as long as the actual act is not denied.
What is Planned Parenthood v. Casey (1992)?
Speech that creates a clear and present danger is not protected by the first amendment. Charles Schenck cannot pass out literature encouraging folks to dodge the draft in time of war, but in time of peace he could. Him doing so creates a clear and present danger.
What is Schenck v. United States (1919)?
The power of courts to determine whether acts of Congress and by implication the executive act in accord with the US Constitution.
What is Judicial review?
An approach to decision making in which judges play minimal policy making roles and differ to legislatures whenever possible.
What is judicial restraint?
Gibbons says that in matters of interstate commerce, the federal government has supremacy.
What is Gibbons v. Ogden (1824)?
Supreme Court says that internment of Japanese is legal given the War Powers act. Despite the dissenting opinion that the act violates Korematsu’s 5th amendment, the Supreme Court argues that War Powers allows this.
What is Korematsu v. United States (1944)?
A writer cannot be sued for libel unless they’re reporting facts that they know are false.
What is New York Times v. Sullivan (1964)?
How and whether court decisions are translated into actual policy; thereby affecting the behavior of others.
What is judicial implementation?
An approach to decision making in which judges sometimes make bold policy decisions, even charting new Constitutional ground
What is judicial activism?
Establishes exclusionary rule: material obtained illegally cannot be used in court.
What is Mapp v. Ohio (1961)?
Officially reverses Plessy. Says that separate but equal is unconstitutional.
What is Brown v. Board of Education (1954) and Brown II (1955)?
Students cannot be denied the right to wear politically active clothing so long as they don’t sufficiently interfere with the successful operation of the school.
What is Tinker v. Des Moines School District (1969)?
Doctrine developed by federal courts and used as means to avoid deciding some cases, principally those involved in the conflicts between the president and congress.
What is political questions?
Judicial interpretation of an act of Congress. In some cases, where statutory construction is an issue, Congress passes new legislation to clarify existing laws.
What is statutory construction?