| A | B |
|---|
| Schenck v. U.S. | speech may be limited if it creates a clear and present danger |
| Brandenburg v. Ohio | speech may only be limited if it creates imminent lawless action |
| Tinker v. Des Moines | Black armbands to protest Vietnam war; "students to not lose their rights at the schoolhouse door"; symbolic speech is protected |
| Texas v. Johnson | burning the flag is symbolic speech and is protected |
| National Socialist Party v. Skokie | assembly case - NAZIs allowed to march in a Jewish neighborhood |
| Gitlow v. New York | first incorporation case for individual rights - incorporated right to free speech |
| Near v. Minnesota | Incorporated freedom of the press to states - no prior restraint |
| Mapp v. Ohio | incorporated the use of the exclusionary rule to the states |
| Reno v. ACLU | struck down the Communications Decency Act because it limited the internet too broadly - said there were no community standards for the internet |
| Gideon v. Wainwright | incorporated the right to counsel for any cause that could receive jail time |
| Miranda v. Arizona | stated that those placed in custody must be informed of their constitutional rights |
| Roe v. Wade | used the Griswold decision to set up a realm of bodily privacy that included choosing an abortion |
| Everson v. Board of Education | stated that public funds could be used for religious school transportation; incorporated establishment clause to the states |
| Miller v. California | set up a three prong test to determine if something is obscene |
| Lemon v. Kurtzman | set up a three prong test to determine if the government violated the establishment clause |
| Planned Parenthood v. Casey | determined that states can put certain restrictions on abortions as long as it does not place an "undue burden" on the woman |
| NAACP v. Alabama | membership lists are protected by freedom of association |
| NY Times v. U.S. | no prior restraint for the Pentagon Papers |
| Barron v. Baltimore | the Bill of Rights doesn't apply to the states (prior to 14th amendment) |
| Miller v. California | defined what could be considered obscene and not receive first amendment protection |
| Marbury v. Madison | established the use of judicial review by the Court |
| McCullough v. Maryland | early ruling stating that the necessary and proper clause of Article I, Section 8 gave implied powers to the national government to establish a national bank |
| McCullough v. Maryland | first ruling that when state and federal law conflicted that the federal law took precedence (supremacy clause) |
| McCullough v. Maryland | "The power to tax is the power to destroy" |
| Baker v. Carr | struck down gerrymandered congressional districts which were "malapportioned" (different numbers of people) citing a "one man, one vote" standard |
| Brown v. Board I | "separate is inherently unequal" |
| Brown v. Board I | overturned Plessy v. Ferguson |
| Brown v. Board I | desegregated schools based on the equal protection clause of the 14th amendment |
| Brown v. Board II | stated that school desegregation must occur "with all deliberate speed" |
| Buckley v Valeo | spending money on your own political campaign is "speech" protected by the first amendment |
| Bush v Gore | Court reversed a recount order in Florida, in essence "deciding" the 2000 election - political question normally avoided by the Court |
| Dred Scott v. Sandford | ruled that blacks were not citizens of the U.S. |
| Dred Scott v. Sandford | struck down the Missouri compromise |
| Dred Scott v. Sandford | ruled that slave-owners were protected by the 5th amendment's due process clause (right to property) |
| Dred Scott v. Sandford | ruled that the government could not pass laws to ban slavery |
| Dred Scott v. Sandford | was a major impetus for the Civil War |
| Engel v. Vitale | No teacher-led prayer in schools |
| Gibbons v Ogden | early case that greatly broadened the national government's powers under the commerce clause in Article I, Section 8 |
| Grutter v. Bollinger | recent case upholding affirmative action programs at the University of Michigan |
| Hazelwood v. Kuhlmeier | student newspapers can be censored (unlike the regular press) |
| Korematsu v. U.S. | Upheld the internment of Japanese citizens during WWII as a constitutional use of executive power to protect national security |
| Lemon Test | state actions meet establishment clause standards if they have a secular purpose, do not excessively entangle government and religion, neither aid nor inhibit religion |
| New York Times v Sullivan | said there was a different standard to be met for libel if the person was a public figure - there must be malicious intent (things can be printed that are false and will not be libelous) |
| Plessy v. Ferguson | established separate but equal standard under the 14th amendment's equal protection clause |
| Regents of the University of California v Bakke | allowed for affirmative action cases to correct past discrimination as long as there are no quotas |
| U.S. v. Nixon | President Nixon must hand over White House tapes to Congress - could not use executive privilege (check on the executive) |
| U.S. v. Lopez | Struck down the Gun-Free School Zones Act as an unconstitutional overreach of Congress’s interstate commerce powers (first step to restrict the broad commerce powers of Congress over the states) |
| Abington School District v. Schempp (1963) | School sponsored Bible reading before class is unconstitutional |
| Santa Fe Independent School District v. Doe (2000) | students may not use a school loudspeaker system to offer student-led prayer |
| Bethel School District v. Fraser | 1st amendment freedom of speech does not protect student speech that is vulgar, offensive, or disrupts learing |
| New Jersey v. T.L.O (1985) | Principals do not need probable cause to search students at school only "reasonable suspicion" |
| majority opinion | written opinion announces the Court's decision in a case |
| dissenting opinion | A dissenting opinion (or dissent) is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court;disagree with the majority for any number of reasons: a different interpretation of the case law, use of different principles, or a different interpretation of the facts. |
| concurring opinion | written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision |
| writ of certiorari | A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court. It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ. |
| stare decisis | legal principle by which judges are obliged to respect the precedents established by prior decisions; from latin translates "Let yesterday's decisioin stand"; mean that courts should generally abide by precedents and not disturb settled matters |
| in forma pauperis | Lat. 'in the form of a pauper.' Someone who is without the funds to pursue the normal costs of a lawsuit or criminal defense. Upon the court's granting of this status the person is entitled to waiver of normal costs and/or appointment of counsel ;two-thirds of writ of certiorari petitions to the Supreme Court are filed ____ ______ ______ |
| rule of four | four Justices must vote to hear a case |
| 150 | about the number of cases the Supreme Court hears in a year |
| judicial review | doctrine (principle) allows the Court to review the constitutionality of congressional and state legislation and actions of the President |
| oral arguments | lawyer from each side has 30 minutes to present their side and answer questions from the justices. |
| original jurisdiction | the power to hear a case for the first time |
| appellate jurisdiction | power of a court to review decisions and change outcomes of decisions of lower courts |
| John Marshall | "chief architect of the Supreme Court"; under this Chief Justice the Court made several important constitutional rulings giving shape and substance to the balance of power between the federal government and the states |
