Supreme Court Cases Fish

bosthed's version from 2015-06-10 05:45


Question Answer
McCulloch v. Maryland 1819federal law takes precedence over state law. Bank was "necessary and proper", Maryland imposed tax on fed bank, McCulloch refused to pay tax
Gibbons v. Ogden 1824"the emancipation proclamation of the American commerce" clause. commerce between states. share commercial waters for steamships. court ruled 3 things: 1. commerce is buying selling and navigation 2. steamships aspect of commerce, protected under const. 3. states could not make laws that would restrict interstate commerce. still use this case today
Dred v. Sandford 1857dred, wife, daughters wanted to be free, lived in Missouri. gave rise to Civil War 1861. 1850; sup. court declared African Americans not US citizen. MIssouri Compromise of 1820- banned slavery, unconstitutional. Emerson owned slave Dred. chief jud Taney 54 page why blacks inferior, also said Missi Comp not legally binding. populr soverignty: states get to choose. Lincoln found conspiracy with Taney, douglas, pres Pierce and Buchanan. helped usher the Emancipation Proclamation. 13th amend, and 14 amend reversed Taneys decision
Milligan, Ex Parte: 1866Milligan, civilian, arrested for organizing secret military. brought to military trial, sent. to death. Milligan applied for a writ of Habeas Corpus to sup court. Court decided military had no jurisdiction, Milligan released
Reynolds v. US 1879Pres Grant, stamp out Mormon polygamy. Reynolds, sec to Brigham Young. Used 1st amend:protected religious freedom. Chief Justice Waite, "a wall of separation between church and state" unanimous court could punish
Plessy v. Ferguson 1896racial segregation legal as long as the separate facilites for black and whites were "equal" Separate but equal. Plessy pd $25 fine. merely helped segregation
Schenck v. US 1919freedom of speech, Holmes quoted "Fire in the movie theater" not free speech. Congress passed Espionage Act of 1917. clear and present danger = designed to identify when certain forms of speech were not protected by 1st amend
Brown v. Board of Education of Topeka 1954desegregation of schools, many cases. 1/3 less on black schools. was segregated education unconstitutional? Warren, in edu segregation has no place. took year to decide how to implement
Engel v. Vitale: 1962Prayer in schools. made prayer optional. 7-1 majority, prayer unconst. judge white: no show. judge black: church state conflict. judge stewart: not official religion if just praying in school
Katzenbach v. McClung: 1964racial segregation in private business, commerce power enforces civil rights. some of food came from out of state, could apply commerce law
Griswold v. Connecticut: 1965Birth control, rights of privacy. only in married couples, later individuals. 7-2 ruling
Miranda v. Arizona 1966police advising "rights" 5th amend. before arrest. 4 cases - all convicted 1.silent 2.statements used against you 3.right to attorney 4. attorney provided
Roe v. Wade 1973abortion.7-2 favor. Wade=Dallas County District Attorney. 14th amend-protects fetus.
Regents of the University of California v. Bakke: 1978ethnic diversity in colleges. Equal Protection Clause=cant deny any person equal protection of the laws, and Title 6 of Civil Rights Act 1964=fed funded program on basis of race. 4 for Bakke. 4 for school. Powell swing vote-found for both. Bakke goes to medical school. univ could use "race-conscious" factors

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