Supreme Court Cases Narrative Essay – Flashcards

Marbury and others appointed to government post days before john adams finished president term and was not finalized. Sued for their jobs and won. Precedent of judicial review.

The state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. Violated US Const. Art 1, Section 8 Clauses 1 and 18. Set the precedent of Federal Government have the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government.

A New York state law gave to individuals the exclusive right to operate steamboats on waters within state jurisdiction. Laws like this one were duplicated elsewhere which led to friction as some states would require foreign boats to pay substantial fees for navigation privileges. In this case Thomas Gibbons challenged the monopoly license granted by New York to Aaron Ogden. New York courts consistently upheld the state monopoly. Set the precedent that federal government can regulate interstate trade; covers TV and banking.

John Barron was co-owner of a profitable wharf in the harbor of Baltimore. As the city developed and expanded, large amounts of sand accumulated in the harbor, depriving Barron of the deep waters which had been the key to his successful business. He sued the city to recover a portion of his financial losses. 5th amendment Precedent that the guarantee in the 5th Amendment that private property shall not be taken "for public use, without just compensation" is not applicable to state governments as well as the federal government.

Mapp was accused of hiding a fugitive because of some evidence found at his house but because the police did not have a warrant evidence could not be used for accusation. Precedent is that police can not search your house without a warrant. 4th amendment.

Gideon represented himself in trial. He was found guilty and sentenced to five years in prison. Gideon filed a habeas corpus petition in the Florida Supreme Court and argued that the trial court's decision violated his constitutional right to be represented by counsel. The Florida Supreme Court denied habeas corpus relief. Precedent Ordered states to provide lawyers for those unable to afford them in criminal proceedings. Right to council

The petitioner was arrested by the FBI, interrogated, and made to sign statements without being notified of his right to counsel. Precedent the accused must be informed of their rights prior to any questioning.

Excobedo was running from stealing in a house and felt, accidentally killing a person and sent to jail. Officers refused to give him a lawyer and spent hours asking him until he turned in because of no lawyer assistance. 5th and 6th amendment. Set the precedent of right to council and right to remain silent.

The Board of Regents for the State of New York authorized a short, voluntary prayer for recitation at the start of each school day. Precedent prohibited state-sponsored recitation of prayer in public schools by virtue of the 1st Amendment's establishment clause and the 14th Amendment's due process clause.

Pennsylvania's law provided for paying the salaries of teachers in parochial schools and assisting the purchasing of textbooks or other teaching supplies..teachers were teaching secular, not religious, subjects Precedent established 3-part "Lemon Test" to determine if speech violated 1st Amendment's Establishment Clause: can't have religious purpose, can't advance/inhibit religion, can't have excessive government entanglement

A federal lawsuit challenging the constitutionality of a prayer mural addressed to "Our Heavenly Father" that was displayed in the auditorium of a Cranston public high school. Precedent prohibited the recitation of prayer in public schools

Schenck mailed circulars to draftees. The circulars suggested that the draft was a monstrous wrong motivated by the capitalist system. Schenck was charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitment. 1 amendment Precedent "clear and present danger test;" there can be limits on speech, especially in wartime.

Arrested for distributing copies of a "left-wing manifesto" that called for the establishment of socialism through strikes and class action of any form.The New York courts had decided that anyone who advocated the doctrine of violent revolution violated the law. Precedent by virtue of the liberty protected by due process that no state shall deny (14th Amendment). On the merits, a state may forbid both speech and publication if they have a tendency to result in action dangerous to public security.The legislature may decide that an entire class of speech is so dangerous that it should be prohibited.

Students were not allowed by the school to protest during school and suspended them if they would. students sued the school district for violating the students' right of expression and sought an injunction to prevent the school district from disciplining the students. The district court dismissed the case and held that the school district's actions were reasonable to uphold school discipline. APPEALED. Precedent speech that is entirely separate from the actions or conduct of those participating in it. The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property

Hustler Magazine featured a "parody" of an advertisement, modeled after an actual ad campaign, claiming that Falwell, had a drunken incestuous relationship with his mother in an outhouse. Falwell sued to recover damages for libel, invasion of privacy, and intentional infliction of emotional distress. precedent so long as such speech could not reasonably be construed to state actual facts about its subject.

Jay Near published a scandal sheet in Minneapolis, in which he attacked local officials, charging that they were implicated with gangsters. The law provided that any person "engaged in the business" of regularly publishing or circulating an "obscene, lewd, and lascivious" or a "malicious, scandalous and defamatory" newspaper or periodical was guilty of a nuisance, and could be enjoined from further committing or maintaining the nuisance. Precedent The Supreme Court held that the statute authorizing the injunction was unconstitutional as applied.with some narrow exceptions, the government could not censor or otherwise prohibit a publication in advance, even though the communication might be punishable after publication in a criminal or other proceeding

Alleged that the arrest of the Rev. Martin Luther King, Jr. for perjury in Alabama was part of a campaign to destroy King's efforts to integrate public facilities and encourage blacks to vote.L. B. Sullivan, the Montgomery city commissioner, filed a libel action against the newspaper and four black ministers who were listed as endorsers of the ad, claiming that the allegations against the Montgomery police defamed him personally. Precedent that the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity).

In what became known as the "Pentagon Papers Case," the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. Precedent use of First Amendment's freedom of the press to strike down President Nixon's request to prevent the NY Times from publishing classified info on US involvement in Vietnam ; "The Pentagon Papers" case; executive privilege, prior restraint & executive powers of the president

Both Griswold and the Medical Director for the League gave information, instruction, and other medical advice to married couples concerning birth control. Griswold and her colleague were convicted under a Connecticut law which criminalized the provision of counselling, and other medical treatment, to married persons for purposes of preventing conception. Precedent Established right of privacy through 4th & 9th Amendments. Set a precedent for Roe v. Wade which came later.

Roe ought to terminate her pregnancy by abortion. Texas law prohibited abortions except to save the pregnant woman's life. Precedent that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters.

Among the new provisions, the law required informed consent and a 24 hour waiting period prior to the procedure. A minor seeking an abortion required the consent of one parent . A married woman seeking an abortion had to indicate that she notified her husband of her intention to abort the fetus. Precedent new standard asks whether a state abortion regulation has the purpose or effect of imposing an "undue burden," which is defined as a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability." Under this standard, the only provision to fail the undue-burden test was the husband notification requirement.

The state of Louisiana enacted a law that required separate railway cars for blacks and whites. In 1892, Homer Adolph Plessy--who was seven-eighths Caucasian--took a seat in a "whites only" car of a Louisiana train. He refused to move to the car reserved for blacks and was arrested. Established "separate by equal" doctrine of racial segregation. Gave approval for southern states to continue Jim Crow laws.

During World War II, Presidential Executive Order 9066 and congressional statutes gave the military authority to exclude citizens of Japanese ancestry from areas deemed critical to national defense and potentially vulnerable to espionage. Korematsu remained in San Leandro, California and violated Civilian Exclusion Order No. 34 of the U.S. Army. Precedent upheld internment of Japanese-Americans. "Pressing public necessity" may limit civil rights.

Black children were denied admission to public schools attended by white children under laws requiring or permitting segregation according to the races. The white and black schools approached equality in terms of buildings, curricula, qualifications, and teacher salaries. Precedent school racial segregation is unconstitutional; overturned "separate but equal"; use of 14th Amendment's "equal protection clause."

Judge, was convicted of a felony, making false statements to a grand jury. The House of Representatives voted three articles of impeachment; impeachment in the Senate followed.Nixon challenged Senate Rule XI in federal court on the ground that the rule violated the impeachment clause of the Constitution, which declares that "the Senate shall have the sole Power to try all Impeachments." Precedent presidents may not use executive privilege to break the law or cover up.

Thirty-five-year-old white man, had twice applied for admission to the University of California Medical School at Davis. He was rejected both times. Bakke's qualifications exceeded those of any of the minority students admitted in the two years Bakke's applications were rejected. Bakke contended, first in the California courts, then in the Supreme Court, that he was excluded from admission solely on the basis of race. Precedent this case upheld the legality and worth of affirmative action

Furman was burglarizing a private home when a family member discovered him. He attempted to flee, and in doing so tripped and fell. The gun that he was carrying went off and killed a resident of the home. He was convicted of murder and sentenced to death. Precedent stated that unless a uniform policy of determining who is eligible for capital punishment exists, the death penalty will be regarded as "cruel and unusual punishment."

T.L.O. was a high school student. School officials searched her purse suspecting she had cigarettes. The officials discovered cigarettes, a small amount of marijuana, and a list containing the names of students who owed T.L.O. money. T.L.O. was charged with possession of marijuana. Before trial, T.L.O. moved to suppress evidence discovered in the search, but the Court denied her motion. Precedent "Reasonable suspicion" (rather than probable cause) standard for school searches

A group of private gun-owners brought suit claiming the laws violated their Second Amendment right to bear arms. District of Columbia Circuit disagreed, voting two to one that the Second Amendment does in fact protect private gun owners such as plaintiffs. Precedent the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.

A 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises. Precedent article I Commerce Clause; Gun Free School Zones Act exceeded Congress's authority to regulate interstate commerce. First case to begin reining in Congress's authority under the Commerce Clause.