KEY SUPREME COURTCASES
Marbury v.Madison1803Power of judicial review (SCOTUS canreview
acts of Congress & P and determine constitutionality) (Marshall)
McCulloch v.Maryland1819Federalism – national supremacy (state can’ttax
a federal agency such as theBank)
Implied Powers–Congress has implied power to createBank (Marshall)
Gibbons v.Ogden1824Sovereignty of the federalgovernmentover interstate commerce (the steamboat case) (Marshall)
Dred Scott v.Sanford,1857Slaves are not citizens; are propertyinstead;
Overruled by 13thAm. which abolishedslavery
CasesonChecksBalances:
U.S. v. Nixon,1974P does not have absoluteexecutiveprivilege (Nixon had to turn over the tapes to Congressin Watergatehearing)
INS v. Chada,1981SCOTUS held that the ImmigrationAct,which allowed a one-House veto of executive actions by the Attorney General (deportation) violated the separation of powers doctrine; Congress does not have legislativeveto
Clinton v. City of NewYork,1998P does not have line-item veto;violates
separation ofpowers
(Note though – many Governors DO haveit)
CasesonRedistricting/RacialGerrymandering/Congressionalcampaignsoffice:
Baker v.Carr1962SCOTUS has jurisdiction over questionsofstate rediscricting
Wesberry v.Sanders1964“One Man, One Vote.” One man’s vote ina
congressional district must be equal worthof another’s; congressional district populations must be “equal” (& linescontinuous)
Shaw v.Reno1993Redistricting in North Carolina tocreatea minority-majority district was unconstitutional because it was racial gerrymandering-violated whites’ equal protection under thelaw.
Buckleyv.ValeoFECA limits oncampaigncontributions constitutional; unlimited spending on your own campaign = freespeech
U.S. Term Limitsv.ThorntonState cannot set term limits for U.S.congressmen
or Senators; Constitution provides for unlimited terms so state cannot supersedethat
Bush v.Gore2000Florida Supreme Court's schemeforrecountingballots was unconstitutional. Even if therecount was fair in theory, it was unfair in practice as different standards were applied from ballot to ballot & county to county. So… Bushwins.
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CivilRights
Plessy v.Ferguson,1896Separate but equaldoctrine(segregation constitutional); separate ISequal
Brown v. Bd. OfEducation,1954Separate is NOTequal; segregation
UNconstitutional
Korematsu v.U.S.,1944FDR Executive Order9066constitutional; Japanese Americans COULD be relocated – national security atstake
Swann v Charlotte … BdofEdforced busing / courts exercising power to
desegregate
Regents of the U of CA v.Bakke1978Affirmative Action; Reverse discrimination case;
no racialquotas
Gratz v.Bollinger2003Affirmative Action; U of Michigan cases; race
can beconsidered in college admission butGrutter v.Bollinger2003 a race- based quota system violates14thAmend.
FreeSpeech
Schenckv.U.S.Clear and present dangerdoctrine
Gitlow v.NewYork,1925First “selective incorporation”case;
1stamendment rights of free speech and press are incorporated (applied) to the states viathe 14thAmendment
NY Timesv. U.S.No prior restraint allowed(PentagonPapers & Nixon case)
Hazlewood v.Kuhlmeier,1988BUT, school papers CAN use priorrestraint
(censorship); schools are not a public forum;
free speech/press cannot interfere with
educational mission
Tinker v. Des MoinesSchoolDistrictblack armbands as Vietnamwar protest/allowable 1969 symbolicspeech - allowed
Texas v.Johnson,1989flag burning = freedom of expression(partof free speech)
ReligiousFreedom
Engle v.Vitale,1962outlaws school prayer;violation of establish-ment clause
Lemon v.Kurtzman,1971Federal gov’t aid to church-relatedschools;
3 part test (establishment clauseissue)
Reynolds v. U.S.,Free exercise clause does NOT giveMormons
right to practice polygamy; violates the public
interest
DueProcess
Mirandav.Arizonaright to be informed of rights – toremainsilent; right to an attorney- begins witharrest!
Mappv.Ohioexclusionary rule - can’t use evidencefromanillegalsearch
Gideonv.Wainwrightright to an attorney if you can’t afford oneinANYtype ofcase
Gregg v. GeorgiaDeath penalty is NOT cruel and unusual punishment
Right toPrivacy
Griswold v. Connecticut1965first real case acknowledging right to privacy;
birth control private matter b/w husband & wife
Roe v. Wade1973legalizes abortion; 1st trimester-any reason; 2nd
trimester-only to protect mother; 3rd trimester-banned…unless Mom endangered;
Planned Parenthood v.CaseyState CAN place reasonable limits on woman’s
right to an abortion but they can’t impose an undue burden on her choice
Cruzan v. Director, MODept ofHealthIndividuals DO have the right to right to refuse
medical treatment under the due process clause;
incompetent persons cannot make choice
GenderDiscrimination
Reed v. Reed 1971
Rostker v. Goldberg,1981