1800's Cases
Established Judicial Review; “midnight judges”; John Marshall; power of the Supreme Court
What is Marbury v. Madison (1803)?
Established precedent of nationalizing the Bill of Rights (applying them to states); states cannot deny freedom of speech – protected through Due Process Clause of the 14th Amendment
What is Gitlow v. New York (1925)?
Established three part test to determine if Establishment Clause is violated: non-secular purpose, advances/inhibits religion, or excessive entanglement with government
What is Lemon v. Kurtzman (1971)?
Gun Free School Zones Act exceeded Congress’ authority to regulate interstate commerce.
What is U.S. v. Lopez (1995)?
The government may not ban political spending by corporations in candidate elections; Campaign donations = political speech and are covered by the 1st Amendment.
What is Citizens United v. FEC (2010)?
Established national supremacy; established implied powers; use of elastic clause; state unable to tax fed. Institution; John Marshall; “the power to tax the power to destroy”
What is McCulloch v. Maryland (1819)?
Provided test for determining which parts of the Bill of Rights should be nationalized – those which are implicitly or explicitly necessary for liberty to exist
What is Palko v. Connecticut (1937)?
“imminent lawless action” test – used today; speech advocating lawless action must be describing lawless action to happen imminently, must be relatively specific, must be likely to happen; abstract advocacy of lawless action is protected
What is Brandenberg v. Ohio (1969)?
A law against a practice cannot be targeting religious behavior. Must have a compelling state interest to regulate this behavior, law must be neutral in wording and application, and be least restrictive means possible.
What is Employment Division of Oregon v. Smith (1990)?
Upholds the Boy Scouts authority as a private institution to exclude Dale on the basis of his homosexuality (ignoring New Jersey public accommodation law).
What is Boy Scouts of America et al v. Dale (2000)?
Established broad definition of “commerce” as more than buying and selling goods; The Commerce Clause; John Marshall; Congress regulates trade between states; Supremacy of National Gov. over States
What is Gibbons v. Ogden (1824)?
Oliver Wendell Holmes; “clear and present danger” test; shouting “fire” in a crowded theater; limits on free speech, especially in wartime
What is Schenck v. United States (1919)?
Established the 1st Amendment protections of symbolic free speech – conduct that expresses an idea; students wore black armbands to school to protest the war in Vietnam; symbolic speech in public schools could be punished, but only if it disrupts the educational process.
What is Tinker v. Des Moines, (1969)?
No racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.
What is Shaw v. Reno (1993)?
“Liberty interest” protected in substantive due process rights of 14th amendment applies to intimate consensual sexual conduct; overturned Bowers v. Hardwick and struck down sodomy laws in many other states; constitution protects sexual privacy
What is Lawrence v. Texas (2003)?
Found that the limitations on government articulated in the Fifth Amendment were specifically intended to limit the powers of the national government; BoR did not apply to the states
What is Barron v. Baltimore (1833)?
Declares “prior restraint” (censorship) unconstitutional; that is, governments cannot suppress or regulate speech before it is given.
What is Near v. Minnesota (1931)?
Obscene speech not protected; obscene expression can be limited – is to be determined by community standards; must appeal to lustful or sexual interests specifically; must be lacking any social, political, scientific, or artistic value
What is Miller v. California (1973)?
States can regulate abortion, but not with regulations that impose “undue burden” upon women; did not overturn Roe v. Wade, 1973, but gave states more leeway in regulating abortion (e.g., 24 hour waiting period, parental consent for minors).
What is Planned Parenthood v. Casey (1992)?
Use of 14th Amendment’s equal protection clause to stop the Florida recount in the election of 2000; example of Supreme Court dealing with a “political question”.
What is Bush v. Gore (2000)?
Established separate but equal doctrine; discrimination would be allowed until the 1960s.
What is Plessy v. Ferguson (1896)?
Warrantless seizure of items from a private residence is inadmissible as evidence; materials gotten from an illegal or unreasonable search are not admissible in court
What is Weeks v. United States (1914)?
1st Amendment protects campaign spending; legislature can limit contributions, but not how much a person spends of his/her own money on their own campaign.
What is Buckley v. Valeo (1976)?
Flag burning; 1st Amendment Free Speech (Symbolic Free Speech); this form of free speech is constitutionally protected; link to Tinker v. Des Moines, 1969; “Government may not prohibit the expression of an idea [because it is] offensive”.
What is Texas v. Johnson (1989)?
Struck down the University of Michigan’s heavy use of racial preferences in undergraduate admissions.
What is Gratz v. Bollinger (2003)? Affirmative Action