Supreme Court Cases

1. MUST KNOW SHOULD KNOW GOOD TO KNOW Supreme Court Cases Landmark Decisions to know for the AP Test

2. Federalism

3. Marbury v. Madison • Midnight Judges; Marbury sues based on a Congressional Law • Court finds that law violates Constitution so is VOID • Establishes Judicial Review

4. McCulloch v. Maryland • Maryland tries to tax Bank of US; Court finds that they CANNOT do this • Congress CAN make a National Bank (Elastic Clause) • National Government is supreme (Supremacy Clause)

5. Barron v. Baltimore • Man sues State citing the 5th Amendment; Court refuses to hear the case. • Bill of Rights ONLY apply to the Federal Government, not states. Overturned by: Gitlow v. New York

6. South Dakota v. Dole • States told to raise drinking age to 21 or lose funding for Highways; Court Ruled that this was OK • Increased Federal Government power over states

7. Fletcher v. Peck • Court rules that States cannot pass laws that impair contracts made in good faith • 1st time the Court overturns a STATE law.

8. Commerce Clause

9. Gibbons v. Ogden • Dispute over ferry licenses; Federal Government wins • National Government is Supreme (Supremacy Clause) • Court BROADLY defines INTERSTATE Commerce (Commerce Clause) so Federal Government can get involved in almost anything

10. US v. Lopez • US Law create “Gun-Free Zones” around schools; Court says NO. • Commerce Clause cannot be used for ANYTHING, limits Commerce Clause

11. Heart of Atlanta Motel v. US • Hotel refused to serve African-Americans; Court ruled that Federal Government could stop them • Commerce Clause used to end segregation

12. Printz v. US • “Brady Bill” required state cops to perform background checks before guns could be purchased, even though it was a federal law; Court says NO. • Federal Government cannot make states carry out the functions of the Fed Gov’t

13. US v. Morrison • Woman is raped at Virginia Tech. Rapist is not punished. She sues under the Federal Violence Against Women Act.; Court says that the law is unconstitutional. • Since the VAWA didn’t involve interstate commerce, Congress doesn’t have that power.

14. Separation of Powers

15. US v. Nixon • Nixon had recordings from Oval Office and refused to give them up during Watergate investigation; claimed “Executive Privilege” • Court orders him to deliver tapes • Executive Privilege DOES exist, but is not GUARANTEED

16. INS v. Chadha • Federal law gives Congress a “legislative veto”. Court says NO. • Legislative Vetoes give Congress too much power and are unconstitutional.

17. 1st Amendment - Religion Establishment Clause

18. Engel v. Vitale • Public school required non-denominational prayer every morning. Court says NO • Outlawed prayer of any kind in Public School

19. Abington SD v. Schempp • Students forced to recite bible verses in public school; Court says NO. • Reading bible violates Establishment Clause.

20. Lemon v. Kurtzman • State passes law that allows government to pay for non-religion teacher at religious school; Court says NO • Lemon Test Created • Can’t advance or inhibit religion • Must be for secular purpose • Must avoid entanglement b/w religion and gov’t

21. West Virginia v. Barnette • Jehovah’s Witnesses refused to say the Pledge of Allegiance in school and were punished; Court says NO • Students cannot be forced to say Pledge if it’s against their religious beliefs.

22. Lee v. Weisman • Public school opens graduation ceremony with a prayer. Court says NO. • Since ceremony is a gov’t event, prayer violates the Establishment Clause.

23. Wallace v. Jaffree • Kids in public school were forced to observe a moment of silence for “meditation or voluntary prayer”; Court says NO • Violated Establishment Clause

24. Everson v. Board of Education • State law reimburses parents for using school bus, even at Catholic Schools; Court says OK. • School Bus is a basic service (like fire dept), so it does not violate Establishment Clause. INCORPORATION CASE

25. 1st Amendment - Religion Free-Exercise Clause

26. Reynolds v. US • State law outlaws polygamy. Mormons sue. Court upholds law. • All religious beliefs are protected, but NOT all religious practices. States can ban polygamy.

27. Wisconsin v. Yoder • Amish parents sued to have their students removed from school after 8th grade because it is against their beliefs. Court said OK. • This is protected under the Free-Exercise Clause

28. Oregon v. Smith • Native Americans were fired for using Peyote as part of a religious ceremony. The Court upheld the firing. • States can limit the free-exercise of religion if it involves illegal activities.

29. Jacobson v. Massachusetts • State law required vaccinations of children. Jacobson refused on religious grounds. The Court upheld the law. • Free-Exercise can be limited if it serves a compelling government interest.

30. 1st Amendment – Expression Speech and Press

31. Gitlow v. New York • Gitlow arrested for advocating communism and overthrow of Government. Court upholds his conviction – BUT – • Freedom of Speech is protected from States too • BEGINS INCORPORATION PROCESS INCORPORATION CASE

32. Schenck v. US • Schenck found guilty of violating Sedition Act by distributing anti-war pamphlets during WWI.; Court upholds conviction. • Free Speech CAN be limited • Creates “Clear-and-Present Danger” Test

33. Tinker v. Des Moines • Students suspended for wearing arm-band in protest of Vietnam War; Court says NO • Symbolic Speech protected too • Students don’t lose rights “at schoolhouse gates”.

34. Texas v. Johnson • Johnson arrested for burning US Flag in protest. Court says NO • Symbolic Speech Protected, even if we don’t like it.

35. Chaplinsky v. New Hampshire • Man arrested for shouting insults and “fighting words” at police officer. Court upholds conviction. • Certain types of speech not protected by 1st Amendment.

36. Miller v. California • State law bans sending obscene material through the mail. The Court says OK. • Creates Obscenity Test • Avg person finds it elicits lust • Avg person finds it offensive • Lacks political, artistic, scientific value.

37. Dennis v. US • Communist leaders convicted of trying to overthrow the government. Court says OK. • Speech that advocates the violent overthrow of the US is not protected by the 1st Amendment. Overturned by: Brandenburg v. Ohio

38. Near v. Minnesota • State law stops newspapers from publishing “lewd or lascivious” material. Court says NO. • Limiting Free Press is rarely ok. Prior Restraint is (almost) never OK. INCORPORATION CASE

39. Hazelwood v. Kulheimer • Principal at school removed 2 articles from student newspaper. Court says it is OK. • Prior Restraint is ok in schools to maintain good learning environment.

40. New York Times v. Sullivan • NY Times published ad in defense of MLK Jr, that was unfavorable of city officials in Alabama. The officials sued for Libel because some of the facts were incorrect. Court says NO. • In order for libel to be true against public officials, actual malice must be proven.

41. Roth v. US • A man is arrested for selling obscene books. The Court says OK. • Obscenity is not protected by the 1st Amendment.

42. New York Times v.US • Pentagon Papers Case; NYT wants to publish leaked, classified documents. Government tries to stop them. Court says they can publish the documents. • The documents would not create a “clear-and-present danger”, so prior restraint is not allowed.

43. Brandenburg v. Ohio • KKK leader gives a speech and was arrested for promoting unlawful acts. Court overturns the conviction. • The speech must be likely to incite lawless acts in order to be prohibited.

44. 1st Amendment - Expression Assembly, Petition, & Association

45. NAACP v. Alabama • Alabama wanted to stop NAACP, so they passed a law that required them to make their membership public; Court says NO. • Freedom of Association is protected if there is no “overriding valid state interest” to limit it.

46. Boy Scouts of America v. Dale • Boy Scouts exclude Homosexuals from organization; Court says it’s OK • Freedom of Association allows private groups to exclude people if they go against the groups fundamental principles.

47. Due Process

48. Mapp v. Ohio • Woman arrested after an illegal search finds obscene material; Court throws out evidence. • Creates Exclusionary Rule • Evidence obtained illegally cannot be used in court INCORPORATION CASE

49. Miranda v. Arizona • Miranda confesses to crime after interrogation because he didn’t know his rights; Court says NO • Not knowing rights doesn’t take them away. • Creates Miranda Rights • Police must inform suspects of rights before arrest

50. Gideon v. Wainwright • Gideon found guilty because he couldn’t afford a lawyer. Court overturns conviction. • Right to an attorney, even for those who cannot afford it. • Creates Public Defenders Office. INCORPORATION CASE