Supreme Court Cases Review

1. Supreme Court Cases Review

2. Roth vs US • Obscenity is not protected by the 1st amendment

3. Gibbons v Ogden • SC broadly interprets the I.8 to allow interstate commerce to cover almost all forms of commercial activity

4. Marbury v Madison • Establishes Judicial Review

5. Brown v Board of Education • Separate but equal is inherently unequal

6. McCulloch v Maryland • Establishes supremacy of the national government against state government

7. US v Lopez • Declared Gun Free School Act unconstitutional – did not fall under commerce clause

8. Roe v Wade • The right to privacy give a woman the right to an abortion in the first trimester of pregnancy

9. Schenck v US • Established Clear and Present Danger test for Free Speech

10. Gitlow v NY • Incorporates 1st amendment to the states – it overturns Baron v Baltimore

11. Griswold v Connecticut • Establishes a right to privacy • Case involved the banning of contraceptives

12. Tinker v Des Moines • Symbolic speech of students is protected

13. Miranda v Arizona • Rights of the accused • Established the Miranda Rights

14. Gideon v Wainright • Incorporates right to an attorney

15. Mapp v Ohio • Incorporates 4th amendment search and seizure

16. Barron v Baltimore • 1833 – Bill of rights do not apply to the states.

17. New York Times v Sullivan • Establishes “Actual Malice” Standard regarding public officials

18. Near v Minnesota • Freedom of Press – Prior Restraint – Censorship (except in rare cases) is unconstitutional

19. Buckley v Valeo • Upheld federal spending limits • However spending money to influence an election is a protected form of speech

20. Texas v Johnson • Flag burning is a form of symbolic speech and protected by 1st amendment

21. Miller v California • Established the definition for obscene materials • the average person, applying contemporary community standards, find, taken as a whole, appeal to the prurient interest; that depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable state law; and that, taken as a whole, lack serious literary, artistic, political, or scientific value

22. Engel v Vitale • Government directed prayer in schools violates establishment clause – even if non-denomintational and students can opt out

23. Lemon v Kurtzman • Establishes Lemon test • The government's action must have a secular legislative purpose; • The government's action must not have the primary effect of either advancing or inhibiting religion; • The government's action must not result in an "excessive government entanglement" with religion

24. Cantwell v Connecticut • Incorporates free exercise clause

25. Clinton v NY • Declared line-item veto unconstitutional - violated separation of powers clause

26. Plessy v Ferguson • Establishes separate but equal doctrine

27. Baker v Carr • Congressional districts must be equal • Redistricting is not a political question thus can be ordered by the courts

28. Weeks v US • Establishes the exclusionary rule

29. NJ vs T.L.O • 4th amendment applies to public schools • Must have “reasonable suspicion”

30. Univ of Cal Regents vsBakke • Race may be taken into account when allowing students to higher education institutions as long as it is not the primary reason