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					Court Cases
 80 Cards
       A.
Judicial Process
    two cases
Marbury v. Madison
     (1803)
       #1
• Established judicial review
#1
McCullough v.
 Maryland
   (1819)
     #2
• Stated the supremacy of the
  Federal government over
  the states. The Necessary
  and Proper Clause and
  Elastic Clause are
  established.
#2
        B.
   Free Speech
1 st Amendment
   Eight Cases
New York Times v. US
      (1971)
        #1
• The Government must meet a high
  standard of proof to show the need
  for Prior Restraint of the press. (The
  Governments attempted to prevent
  the New York Times from publishing
  the Pentagon Papers)
• 1st Amendment
#1
Hazelwood v.
 Chummier
   (1988)
     #2
• A public school can edit what is in
  a school news paper. The school
  news paper is for curriculum not
  for political speech.
1 st Amendment
#2
Texas v. Johnson
     (1989)
       #3
• Burning the US flag is Symbolic
  Speech and is protected under
  the constitution.
1st Amendment
#3
Tinker v. Des Moines
       (1969)
          #4
• A student wearing an arm band
  to school is Symbolic Speech and
  is protected if it does not provide
  a distraction to the learning
  environment.
1st Amendment
#4
Schenck v. US
   (1919)
     #5
• Speech that is a Clear and
  Present danger is not protected.
1 st Amendment
#5
New York Times v. Sullivan
         (1964)
           #6
• Free speech protects even false
  speech against a public official.
 The speech would not be protected if it
 can be shown to have been made
 knowingly with reckless and malice.
1st   amendment
#6
Near v. Minnesota
      (1931)
        #7
• Freedom of the press (Free
  Speech) applies to the States.
1st and 14th Amendment
#7
Miller v. California
      (1973)
         #8
• Obscenity is not protected
  speech.
• Community standards are used
  to determine what is obscenity.
1st Amendment
#8
            C.
Rights of the Accused
   4 th 5th 6th & 14th
      Eight Cases
Gideon v. Wainwright
       (1963)
         #1
• The State must provide the
  accused with an attorney in
  criminal cases.
6th & 14th Amendments
#1
Furman v. George
     1972
      #2
• The death penalty is in its self not
  cruel and unusual.
• Death penalty sentencing must
  follow the due process clause of
  the 14 th Amendment.

8th and 14th Amendments
#2
Mapp v. Ohio
  (1961)
    #3
• Any evidence that seized in
  violation of the 4th amendment
  has to be excluded from trial at
  the State level.
• Applied the Exclusionary Rule to
  the States.
#3
Terry v. Ohio
   (1968)
     #4
• Officers can frisk a suspect based
  on the standard of Reasonable an
  Prudent.
• The frisk is to protect the officer.
• Established the Terry Frisk.
4th and 14th Amendment
#4
In re Gaul
  (1967)
    #5
• The Court held that the
  proceedings for juveniles had to
  comply with the requirements of
  the Fourteenth Amendment.
14 th Amendment
#5
Miranda v. Arizona
     (1966)
       #6
• The State can not use evidence
  against a individual unless the
  individual is informed of his rights
  at the time he becomes a
  suspect.
5th and 14th Amendment
#6
Escobedo v. Illinois
      (1964)
        #7
• The right of the suspect to remain
  silent during interrogation.
6 th and 14th Amendment
#7
New Jersey v. T.L.O.
      (1985)
        #8
• The public schools have a right to
  search students based on the
  Reasonable Suspension. (The
  normal standard is Probable Cause)
4 th and 14th Amendments
#8
         D.
The Establishment
      Clause
 1st Amendment

     six cases
Engle v. Vitale
    (1962)
      #1
• No school led prayer in public
  schools.
1st and 14th Amendments
#1
• The State providing services such
  as transportation, fire and police
  protection to parochial schools
  does not violate the
  Establishment clause.
1st Amendment
#2
• The State aid to non public schools
  must meet a three part test.
• Neither advance nor hinder
  religion.
• It must be for a secular propose.
• It must avoid excessive government
  entanglement.
1 st Amendment
#3
Santa Fe v. Doe
    (2000)
      #4
• Student led prayer over a the
  public address system at school
  sponsored sporting events
  violates the Establishment
  Clause.
1st Amendment
#4
Reynolds v. US
   (1878)
     #5
• Religious duty is not a defense
  against criminal charges.
1st Amendment
#5
Oregon v. Smith
    (1990)
      #6
• Religious beliefs do not excuse a
  person from having to comply
  with the law or with work related
  conduct.
1 st Amendment
#6
       E.
Equal Protection
14th Amendment

 thirteen cases
Dred Scott v. Sanford
       (1857)
         #1
• No one but a citizen of the US could
  be a citizen of a State.
• Slaves were not citizen and could
  seek protection of the Constitution.
• Ruled the Missouri unconstitutional
Articles III and IV of the Constitution
#1
Plessey v. Ferguson
      (1896)
        #2
• Up held State imposed racial
  segregation.
• The 14th Amendment was not in
  violation if the facilities were
  Separate but Equal.
14th Amendment
#2
Brown v. Board of
   Education
    (1954)
       #3
• Separate but Equal has no place
  in public schools.
• Separate facilities in education
  are unequal and are a violation of
  the 14 th Amendment.

14th Amendment
#3
Gitlow v. New York
      (1925)
        #4
• First Amendment free speech
  protections apply to the States
  through the 14 th Amendment.

1st and 14th Amendments
#4
Roe v. Wade
  (1972)
     #5
• A women’s right to an abortion
  falls under the right to privacy
  which is an enumerated right
  found in the 9th amendment.
9 th and 14th Amendment
#5
California v. Bakke
      (1977)
        #6
• A rigid use of a quota system for
  admitting students into medical
  school is a violation of the Civil
  Rights Act of 1964 and a violation
  of the equal protection clause of
  the 14 th Amendment.

14th Amendment
#6
Baker v. Carr
   (1962)
     #7
• The Supreme Court does have
  jurisdiction over legislative
  apportionment.
14th Amendment
#7
Reynolds v. Sims
    (1964)
      #8
• The Equal Protection Clause
  requires that apportionment of
  State Representatives be as close
  to One Man One Vote as
  possible.
14th Amendment
#8
Wesberry v. Sanders
      (1964)
Congressional districts must be
 roughly equal in population
Griswold v. Conn
     (1964)
       #9
• A State law that criminalized
  marriage councilors discussing
  birth control was a violation of
  the Right to Privacy found in
  the 9 th Amendment.

9 th and 14th Amendment
#9
Planned Parenthood v.
       Casey
       (1992)
         #10
• The States can impose regulations
  on abortions as long as they do
  not impose an “Undo Burden” on
  the women’s right to an abortion.
• The States can place limits on
  abortions.
9th and 14th Amendments
#10
Baby Jane Doe
     #11
   (1983)
• Parents have a right to make
  medical decisions concerning
  their children.
9th and 14th
#11
Barron v. Baltimore
      (1833)
        #12
• The 5th Amendments rights do not
  apply to States.
• The Bill of Rights was intended to
  protect US Citizen from the National
  Government not the States.
• The Bill of Rights does not apply to the
  States
5th Amendment
#12
The Slaughterhouse
        Cases
       (1873)
         #13
• The 14th Amendment only protects the
  “Privileges or immunities” given as a US
  citizen not as a citizen of a State.
• The 14th Amendment does not give any
  additional protection to the citizen of a
  State.
• A narrow interpretation of the 13th and
  14th Amendment.
5th, 13th and 14th Amendments
#13

				
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