Friday, December 2, 2011

40 Key US Cases

By Anonymous
  1. marbury v. madison 1803
    established judicial review; power of the supreme court is supreme in deciding cases as unconstitutional or not
  2. McCulloch v. Maryland 1819
    established national supremacy and implied powers; the use of the elastic clause==> state unable to tax.
  3. Dred Scott v. Stanford 1857
    • ruled that
    • 1. fed govt cant ban slavery from territores
    • 2. blacks whether slaves or free were never citizens
  4. Plessy v Fergusson 1896
    established seperate but equal as the law of the land. legalized Jim Crow laws and segregation
  5. Schneck v US 1919
    • established clear and present danger test; 1st amend of free speech does not cover speach that creates 'clear and present danger'
    • limits on speach are stricter during wartime
  6. Gitlow v New York 1925
    established federalizing Bill of Rights, applying them to the states. states cannot deny freedom of speech, it is protected through due process of the fourteenth amendment
  7. Palko v Connecticut 1937
    provided test for dertermining which parts of bill of rights should be federalized; those which are necessary for liberty to exist
  8. Wickard v Filburn 1942
    redefines interstate commerce; even if an activity is local and not considered commerce, it can still be reached by congress if it exrts substantial economic effect on interstate commerce
  9. Brown v Board of Education 1954
    • used amendment 14 to justify seperate but equal is unconstitutional.
    • unanimous!
  10. Brown v Board (take two) 1955
    ordered schools to desegregate with all due and deliberate speed
  11. Mapp v Ohio 1961
    • established exclusionary rule: evidence obtained illegally cannot be used in a court of law
    • Warren Court's judidcial activism
  12. Engel v Vitale 1962
    • prohibited state-sponsered recitation of prayer in public schools bu virtue of amend 1 establishment and amend 14 due process
    • Warren Court's judidcial activism
  13. Baker v Carr 1962
    • one man one vote. ordered state legislative districts to be as near as possible to equal in population
    • Warren Court's judidcial activism
  14. Abbington v Schempp 1963
    • prohibited devotional bible reading in public schools by vitrue of establishment clause and due process
    • Warren Court's judidcial activism
  15. Gideon v Wainright 1963
    • ordered states to provide lawers for those unable to afford them in criminal proceedings where accused faces possbile 6 month sentence by 14th amend
    • Warren Court's judidcial activism
  16. Wesberry v Connectucut 1965
    established right of privacy through 4th and 9th amend.
  17. Miranda v Arizona 1966
    • esablished miranda rights: warnings of counsel and silence that must be given before questioning
    • Warren Court's judidcial activism
  18. Lemon v Kurtzman 1971
    • allowed states to provide textbooks and busing to studends attending private religious schools.
    • established the lemon test 1. nonsecular purpose 2. niether advances/inhibits religioun 3. doesnt require excessive govt entanglement
  19. Roe v Wade 1973
    established national abortion guidlines: no state interference in 1st trimester, may regulate to protect the health of the mother in 2nd trimester, may regulate health of baby in 3rd trimster
  20. US v Nixon 1974
    allowed executive privilige, but not in criminal cases; even the president is not above the law
  21. Buckley v Valeo 1976
    1st amend protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns
  22. UC Regents v Bakke 1978
    states may allow race to be taken into account as ONE factor in admissions decision
  23. Webster v Reproductive Health Services 1987
    more leeway for states in regulating abortion, though no overturning of Roe v Wade
  24. Texas v Johnson 1989
    struck down texas law that banned flag burning, a protected symbolic speech
  25. Employment Division of Oregon v Smith 1990
    states could deny unmployment benefits to a person fired for violating a state prohibition
  26. Planned Parenthood v Casey 1992
    states can regulate abortion but not with regulations that impose undue burden upon the woman; didnt overturn roe v wade but gave state more leeway in regulating abortion ie 24 hour waiting period, parental consent for minors
  27. Shaw v Reno 1993
    no racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries, though minority-majority districsts are constitutional
  28. US v Lopez 1995
    gun free school zone exceeds congress' athority to regulate interstate commerce
  29. Clinton v NY 1998
    banned presidential use of line item veto
  30. Bush v Gore 2000
    use of fourteenth amendment's equal protection clause to stop florida recount in the election of 2000
  31. Zelman v Simmons-Harris 2002
    public money can be used to send disadvanteged children to religious schools in tuition voucher programs
  32. Ashcroft v ACLU 2002
    struck down fedreral ban on 'virtual' child pornography
  33. Lawrence v Texas 2003
    using right of privacy, struck down texas law banning sodomy
  34. Gratz v Bollinger 2003
    struck down use of 'bonus points' for race in undrgrad admission at Univrsity of Michigan
  35. Grutter v Bollinger 2003
    allowed the use or race as a gernal factor in law school admissions of University of Michigan
  36. Kelo v City of New London 2005
    eminent domain case: local govts may force the sale of private property and make way for private economic development when officials decide it wiould benefit the public
  37. Gonzales v Carhard 2007
    upheld Partial Birth Abortion Ban Act of 2003 by vote of 5-4
  38. DC v Heller 2008
    struck down washington dc ordinance that banned handguns but DID NO incorporate the 2nd amend to the states
  39. Roper v Simmons 2005
    ruled it a violation of 8th amend to put a person to death for a crim committed while still a minor. ovrturned Stanford v Kentuky
  40. Stanford v Kentucky
    ruled it legal to apply death penalty to those convicted who were at least 16 when crime was commited

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