Date post: | 29-Dec-2015 |
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Issue: Separation of Church and State Facts: Some felt mandatory school prayer
violated "Separation of Church and State" Recent pledge/monument issues
Decision: Prayer in Public schools is unconstitutional
Issue: Freedom of Speech & Press and violated the Espionage Act
Facts: Schenck was protesting WWI by mailing out literature encouraging people to resist the draft b/c it violated the 13th Amendment
Decision: Speech can be limited if it presents a "Clear and Present Danger“. Rights are limited during wartime
Issue: 1st Amend and Students Rights Facts: Kids wanted to wear black arm
bands protesting the Vietnam Conflict Decision: Students are allowed to wear
arm bands as long as it doesn't interfere in the learning process
Issue: Rights of the Accused Facts: Police were searching a fugitive
from justice and did not have a search warrant but accidentally found pornography
Decision: Evidence not allowed in court without a legal search warrant
Issue: Rights of the Accused Facts: Florida didn’t allow the right to an
attorney for his crime. Gideon defended himself and lost. He appealed to the Supreme Court.
Decision: If you can't afford an attorney the court must appoint one to you
Issue: Rights of the Accused Facts: Denied his right to attorney during
police questioning but had knowledge the crime and was convicted of murder.
Decision: If you are going to be questioned by police you have the right to an attorney.
Issue: Rights of the Accused Facts: Accused of kidnapping and rape and
confessed but later said that he wasn’t informed of his rights. He appealed and his confession was dismissed but still convicted.
Decision: Time of your arrest you must be told of your rights "Miranda Rights"
Issue: Facts: Pres. Jefferson ordered Madison to not
give Marbury his judicial appointment and then sued for his appointment.
Decision: Supreme Court said Judiciary Act was unconstitutional and established "JUDICIAL REVIEW"
Issue: Federal Supremacy Facts: McCulloch a bank teller failed to
pay Maryland the tax on bank notes from the National Bank
Decision: Court ruled that states are not allowed to tax the federal govt.
Issue: Interstate Trade Facts: NY gave Ogden a monopoly over
the riverboat trade from NY to NJ and Gibbons sued
Decision: Court said interstate trade was controlled by the Fed. Govt. so NY law was invalid.
Issue: Citizenship/Freedom Facts: Slave taken to Illinois (Free State) by
his owner. Owner died and argued for his freedom b/c he lived in a free territory.
Decision: Court said Africans can't sue b/c they have no rights. Owners could not be denied their right to property (Slaves)
Issue: Equal Protection/14th Amendment Facts: Plessy sued a RR company b/c they
would not let him sit in a "whites only car“ even though he was 7/8ths white. Plessy refused to leave his seat and was arrested and had to pay a $25 fine.
Decision: Established "Separate but Equal" as long as the facilities are equal they can be separate
Issue: Interstate Trade Facts: E.C. Knight was a sugar company
that dominated the industry. US said is was a violation of interstate trade
Decision: Court said it was not interstate commerce so the federal govt. can't regulate it.
Issue: Facts: President Roosevelt broke up the
monopoly saying in interfered with the economy and interstate trade
Decision: Court upheld the presidents decision
Issue: Separation of Powers Facts: Chicken company said industry codes
under the NRA was a Congressional power not a Presidential
Decision: Court said National Recovery Act was unconstitutional.
Issue: Due Process/Equal Protection Facts: Fred Korematsu was a Japanese
American who was forced into an internment camp during WWII. He sued saying it was discrimination
Decision: Court said it was a military necessity (loss of civil liberties during wartime)
Issue: Due Process/Equal Protection (14th Amend.)
Facts: Brown tried to enroll his daughter at an all white school in Kansas which was closer to his home. The school turned him down and aided by the NAACP it went to the Supreme Court
Decision: Said Separate but Equal was unconst. and schools had to be integrated. Overturned Plessy v. Ferguson
o Issue: 1st Amendment Rights o Facts: L.B. Sullivan, a police commissioner in
Montgomery, Ala., had filed a libel suit against the New York Times for publishing inaccurate information about certain actions taken by the Montgomery police department.
o Decision: Harder for public officials to bring libel charges against the press, since the official had to prove that a harmful untruth was told maliciously and with reckless disregard for truth.
Issue: Equal Protection Facts: Issue of whether mentally retarded
students can participate in public education programs
Decision: Said the state must provide the appropriate programs. Creates some of the first Special Ed. programs
Issue: Interstate Trade Facts: Hotel owner said Civil Rights Act of
1964 was unconst. b/c it regulated intrastate trade
Decision: Court said people from other states stay their so it falls under interstate trade and the law was const.
Issue: Equal Protection Facts: Bakke was denied acceptance to
medical school twice even though his grades were higher than the minorities that were accepted. The school argued that it had to accept so many minorities b/c of affirmative action.
Decision: Said the school was wrong b/c of quotas based on race were unconst.
Issue: Voting Rights Facts: Congressional districts were drawn in
some states so that minorities didn't have a chance to win office.
Decision: Court said districts must be drawn by pop. instead of race. Ends Gerrymandering "one person one vote“. Political parties also try to draw up districts that benefit them.
Issue: Right to Privacy Facts: In 1969 a Texas women (Norma
McCorvey) wanted to have an abortion but state law prohibited it. She used Jane Roe as an alias and represented all pregnant women.
Decision: Court said women have the right to choose up until the 6th month. Very controversial.
Issue: Students Rights Facts: Girl was found smoking in the school
bathroom and had to empty her purse. They found zig zags and a list of students who owed her money. She was suspended and sued the school.
Decision: Court said the school acted reasonable b/c they had probable cause
Recent Safford Unified SD v. Redding
Issue: Students Rights Facts: Student athletes were required to take a
drug test. Decision: Court said the drug testing was okay
and now has been extended to all extra curricular activities
Issue: 1st Amend Facts: Johnson burned the flag out of protest.
He was arrested for desecrating the flag and sentenced to one year in jail. He appealed to the Supreme Court.
Decision: Court said Texas law was unconst. and burning the flag as a sign of protest was Constitutional
Issue: Right to Life Facts: Cruzan was in a terrible accident on life
support. Her parents wanted to terminate the life support system but the hospital refused
Decision: Court said you could terminate life support as long as you had clear and convincing evidence. (Ex. Terry Schivo Case)
Issue: Right to Privacy Facts: Pennsylvania required teenagers to get
parental approval before getting an abortion. Decision: Court said it was const. and a state
could limit but not ban abortions.
Issue: Rights of Detainees Facts: Since 9/11 the U.S. had detained several
suspected terrorist at a U.S. Naval base in Guantanamo Bay, Cuba. The major issue dealt with the writ of habeas corpus and the power of the executive branch during wartime
Decision: Detainees have the right to habeas corpus and the detention of enemy combatants is illegal.