Supreme Court Cases and Clauses Study Guide Period 6 Cases Constitutional Questions Supreme Court Opinion/Decision/Precedent/Reversal UC Regents v. Bakke (1978) A Was the practice of the 14th amendment violated towards Bakke through repeated rejection of the University of admission from their medical school? There was a split decision of the ruling of the Supreme court.(5 votes for Bakke and 4 votes against). Justices voted for an order to the medical school to admit Bakke. Although it was argued by Powell, that the use of racial quotas had violated equal protection laws of the 14th Amendment. The court had ruled to minimize the white opposition Bakke, and extending the gains for racial minorities through the use of affirmative action. Webster v. Reproductive Health Services (1987) A Was the right to equal Protection Clause of the 14th Amendment violated by the state of Missouri’s restrictions? There was a split decision of the ruling of the Supreme court.(5 votes for Webster and 4 votes against).Due to the absence of the preamble, Missouri's legislation was constitutional. Also, the court claimed how the Due Process Law “did not require states to enter into the business of abortion”. If the operation were to be done during the second trimester then it be unconstitutional. Texas v. Johnson (1989) C Whether flag burning constitutes "symbolic speech" protected by the First Amendment. Ruling of the Supreme court was Yes (7-3) it is protected under the 1st amendment. Noted as “symbolic speech” based on the viewpoint of the situation. Court ruled with Johnson because it did not pose a threat to society or was a “breach of the peace”. The precedent was that the first amendment was defined beyond verbal speech. Planned Parenthood v. Casey (1992) C Can a state require women who wants an abortion to obtain informed consent, wait 24 hours, and, if minors, obtain parental consent, without violating their right to abortions as guaranteed by Roe v. Wade? The Supreme Court ruled for Casey but made some provisions. Used “Roe vs. Wade” as evidence it was “reaffirmed”. Defined some of the restrictions/ standards of getting an abortion: “parental consent, informed consent, and waiting period laws”. Shaw v. Reno (1993) I Was North Carolina redistricting based upon isolating races to influence and favor voting? The Court ruled that North Carolina’s plan to redistrict had a shape so unnatural that it went beyond what was reasonable in order to avoid racial imbalance. The Court also upheld that redistricting based upon race violated the Equal Protection Clause in Amendment 14. Therefore race cannot be the sole or predominant factor in redrawing legislative boundaries. Hazelwood v. Kuhlmeier (1988) I Is a principal’s decision to prohibit the publishing of certain articles in the school newspaper violate the student journalists' First Amendment right of freedom of speech? The U.S. Supreme Court held that the principal's actions did not violate the students' free speech rights. The Court noted that the paper was sponsored by the school and the school had the right to leave out any information it thought was inappropriate. Also, the Court noted that the paper was not a public publishing in which everyone could share views. Instead it was written by a limited crowd with the intent of meeting requirements for their Journalism II class. Wolf v. Colorado (1949) S Are the states required to exclude illegally seized evidence from trial under 4th and 14th amendment? (6-3) The 14th amendment is not subject to the criminal justice. Illegal evidence did not always have to be withheld from all cases. Court reasons that excluding evidence would minimize the unnecessary searches that there are other methods that would not fall under minimal standards under the due process clause. They believed public humiliation was enough punishment. This case was reversed by Mapp v. Ohio Furman v. Georgia (1972) S Does imprisoning and carrying out of the death penalty constituted as cruel and unusual punishment? (5 for-4 against) On one page the court ruled that the death penalty violated the 8th amendment making it unconstitutional. On the next two hundred pages the judges gave their personal opinions about the death penalty. Brennan and Marshall were against the death penalty in all cases. Also was thought to be discriminating especially to blacks, this made the states rethink their methods of the death penalty to not make it racial. Baker v. Carr 1962 (Esteban) Equal Protection Clause of the 14th Amendment - “Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state” Court ruled based on Equal Representation of districts and proper distribution of people within districts, however the effects were that Gerrymandering began to occur in Tennessee. “ONE MAN, ONE VOTE” Gideon v. Wainwright 1963 (Esteban) Equal Protection Clause of the 14th Amendment - “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Court ruled on behalf of the Equal Protection Clause which allows for all citizens in the United States to be given all their rights; including the right to an attorney in state cases. Wesberry v. Sanders 1963 (Jocelyn) Equal Protection Clause- Fourteenth Amendment: “Did Georgia's congressional districts violate the Fourteenth Amendment or deprive citizens of the full benefit of their right to vote?” The Court ruled against the state of Georgia because their apportionment system created discrimination within the districts as some votes were valued more than other votes. Translation: Did the state of Georgia’s apportionment system cause discrimination against voters in other districts? Griswald v. Connecticut 1965 (Jocelyn) Fourteenth Amendment and Due Process “Does the Constitution protect the right of marital privacy against state restrictions on a couple's ability to be counseled in the use of contraceptives?” Translation: Does the Constitution protect the privacy rights of a married couple to be counseled on The Court ruled that although the right to marriage is not specifically protected in the Bill of Rights, the First, Third, Fourth, and Ninth Amendment create a new constitutional right. In other words, together these amendments establish the right to privacy in married couples. Therefore, the Court ruled against Connecticut. contraceptives? Miller v. California 1973 (Molina) First Amendment's freedom of speechallowing the distribution of unrequested obscene material by mail. Court ruled on behalf of the State of California, saying that Miller had indeed violated the 1st amendment because of “harm” the obscene material had on the general population. Abington v. Schempp 1963 (Molina) Establishment Clause and Free Exercise Clause of the First and Fourteenth Amendments- “Congress shall make no law respecting an establishment of religion…” Court ruled on behalf of Schempp and declared that bible readings in public schools was unconstitutional. Bethel v. Fraser 1985 (Jazmin) Does the First Amendment prevent a school district from disciplining a high school student for giving a sexually offensive speech at a high school assembly? No, the court found that the school had the right to prohibit offensive language. The First Amendment allowed schools to prohibit lewd speech because such speech was conflicting with the “fundamental values of public school education” Bethel v. Fraser 1985 court case info NORMAL LANGUAGE: Does having the freedom of speech in the 1st amendment prevent a school disciplining a student after making a speech with sexual offensiveness at a high school assembly? Reynolds v. U.S. 1878 (Jazmin) Does the federal anti-bigamy statute violate the First Amendment's free exercise clause because plural marriage is part of religious practice? NORMAL LANGUAGE: Does the law violate the religious beliefs in the 1st amendment? Because we’re only allowed one spouse at a time while a religious belief says to have multiple wives or husbands. Palko v. Connecticut Violation of the 5th and 14th amendment No, the First Amendment protects religious belief but does not protect religious actions. “Those who practice polygamy could no more be exempt from the law than those who may wish to practice human sacrifice as part of their religious belief.” Reynolds v. U.S. 1878 court case info Supreme Court ruled that double jeopardy was not a basic/fundamental right and therefore did not adhere to the 14th amendment and Palko was not defended under the Bill of Rights. Palko was then sentenced to death. Brown v. Board 1st Violation of the 14th amendment; children of color being withheld the basic rights listed under the 14th amendment “Separate but equal” is not constitutional by any means. The final ruling also stated that states could no longer have their schools as “separate but equal.” Brown v. Board 2nd Violation of the 14th amendment. Discriminating children of color in public schools is unconstitutional. The final decision was follow up to the first ruling. The court’s orders that desegregation occur "with all deliberate speed," Reversed the Plessy v. Ferguson decision of “Separate but Equal” doctrine. Mapp v. Ohio Violation of the 4th amendment- evidence was discovered but did not match the search warrant, thus violating the 4th amendment Supreme Court ruled “All evidence discovered as a result of a search and seizure conducted in violation of the Fourth Amendment of the United States Constitution (”Constitution”) shall be inadmissible in State court proceedings.” meaning that if police officers cannot search a house with a warrant for evidence A and leave with evidence B, they would need a search warrant for that too. Defended and defined the “Exclusionary Rule” of the 4th amendment Heart of Atlanta Motel v. United States Violates the 14th amendment. Refuse public services to people of color. The court ruled that states had no right “to select guests as they saw fit” in places of public accommodation. Engel v. Vitale Violates the Establishment Clause of the 1st amendment: school-sponsored “non denominational”(open/acceptable to Christians) REQUIRED prayer and pledge of allegiance in public schools knowing that not all students believe in the same beliefs as the school does. Miranda v. Arizona (1966) (JP) 5th amendment - gives a criminal suspect the right to refuse “to be a witness against himself.” 6th Amendment - guarantees criminal defendants the right to an Supreme Court ruled that the pledge of allegiance and school prayer is unconstitutional b/c schools funded by government cannot endorse any particular religion(Christianity in this case). The Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self- attorney. incrimination. Lemon v. Kurtzman (1971) (JP) Establishment Clause 1st amendment - allowing private schools to be funded by state. The Supreme Court ruled that under the Establishment clause, states can reimburse private schools and follow the three part Lemon test: 1. Non Secular purpose 2. No advance or inhibit of religion 3. No excessive entanglement between church and state Roe v. Wade U(1973) (CL) 1st, 4th, 9th, and 14th amendments - protect an individual's “privacy,” privacy is broad enough to encompass a woman's decision to whether or not terminate her pregnancy. The Court ruled that the states cannot outlaw or regulate any aspect of abortion performed during the first trimester of pregnancy, limited during 2nd, and none during 3rd. U.S. v. Nixon (1974) (GV) 5th amendment- Due Process 6th amendment- Nixon could not use Executive Privilege b/c it interfered with the 5th Amendment The court ruled out Nixon's call for Executive Privilege. Nixon resigned to avoid the reciprocation of the tapes (“I am not a crook”). Buckley v. Valeo (1975) (GV) 1st Amendment Association Clause- Individuals have to right to associate themselves to whatever association The court limited the amount of financial contribution (Hard money) to campaigning. Abington School 1st Amendment (Establishment District v. Schempp Clause)- Sponsored Bible reading (1963) (CL) in Public School. Deemed sponsored Bible Reading unconstitutional. Near v. Minnesota (1931) (JP) Any person is allowed to write what they please as long as it doesn't break any type of law. 1st Amendment: Freedom of Press 14th Amendment: Right to pursue “life, liberty, and the pursuit of happiness” New York Times v. Did the Nixon administration's Upheld the fact that the first United States efforts to prevent the publication of amendment freedom of press is (1971) (CL) what it termed "classified absolute and is never restricted information" violate the First Amendment? Susana: Marbury v. Madison (1803) Whether William Marbury could write or not for being denied the appointed position for the Peace for the District of Columbia and whether the court can observe and approve the writ. Susana: McCulloch v. Maryland (1819) The questions towards the case is whether congress can create and open a bank. Also, whether the new law of Maryland to tax banks was constitutional as it interfered with the bank of congress (higher power than the states). Itaide: Plessy v. Ferguson (1896) Under the 14th Amendment, is it correct to segregate people on the train. Itaide: Schenck v. U.S. (1919) 1st Amendment, freedom of speech, allowing Schenck’s expression be protected. The supreme court had stated that such a writ is possible because the procedures were done under the law. The supreme court had decided that Marbury had the right to gain his position. However, the supreme court did not have the power to give Marbury the position that he demanded for and for which he was appointed to. The inability was caused due to it being a violation towards the Judiciary Act of 1789, which helps determine judicial powers. Established the precedent of Judicial Review allowing the courts to declare acts of Congress and pres unconstitutional The Supreme Court’s opinion was that both had good arguments as the federal government only established banks due to the necessary and proper clause. It was known to be only to benefit the nation. Maryland’s side was the fact that taxes will only regulate business and refrain from abuse. In the end, the decision was that Maryland could not tax the Bank of the United States built by congress. Congress can create a national bank without it being stated in the constitution. This cases provided the importance of congress’ implied powers and how the constitution plays a huge role and how congress or court must fill in what is not stated in the constitution. The majority ruled state-imposed racial segregation because they referred to the “separate but equal” doctrine. Their interpretation of the 14th Amendment was that race was equal under the law but segregation was allowed. Later overruled by Brown v. Board of Education. It was ruled that Schenck was not protected because under the situation, his words/use of language presented danger. He violated the Espionage Act of 1917, it was thought that he was conspiring against the U.S. and the manner that he used the mail was unlawful. MaylineGitlow v. New York (1925) Is it constitutional for the New York law to punish one for their advocacy of the government? -1st Amendment -14 th Amendment The Supreme Court ruled Gitlow guilty of his crimes, however the state government did abuse their power and denied his human rights. MaylineGibbons v. Ogden (1824) Issues with this case was whether the a state should be given the power to grant an exclusive right to the use of state waterways? -Article I, Section 8, Clause 3 -Article I, Section 9 Joselene: Barron v. Baltimore (1833) Eminent Domain The United States Supreme Court established that Since, the government can an individual citizen's property was not at all repossess property that is inclined to the regulation of the Fifth Amendment. owned by citizens for public use. “Public Use” was not defined when the case was tried. Fifth Amendment: Government must uphold legal rights of all individuals Joselene: Dred Scott v. Stanford (1857) Slavery Whether or not the National Government can deny a citizen the right to property without due process of law? The validation of the Missouri Compromise and its Constitutional Action. Led by Chief Justice John Marshall, the Supreme Court went in favor of Gibbons.The Court’s ruling voided a New York state law and voided the Fulton-Livingston contract which required steamboat owners to buy a license allowing them to operate in New York state waters. This case helped establish the legal framework for the growth of the country. Slaves were not citizens of the United States at the time and could not sue in national courts and also declared that the Missouri Compromise was unconstitutional which meant that Congress does not have the privilege to prohibit slavery in territories. This decision was overturned by the Thirteenth and Fourteenth Amendment. Case Constitutional Question(s) Supreme Court Opinion/Decision/Precedent/Reversal U.S. v. Lopez (1995) Questions whether the Gun Free School Zones Act is unconstitutional because it gives further power to Congress under the Commerce Clause The Court’s decision resulted in: 5 votes for Lopez and 4 votes against. Lopez was found guilty since he violated the Gun Free School Zones Act, however that is separate and has nothing to do with interstate commerce or economic activity. Clinton v. NY (1998) Whether the Line Item Veto Act’s cancellation procedures violate the Presentment Clause of the Constitution. The Line Item Veto Act gave the President the right to veto any one part of a bill which landed on his desk, as long as the President provided that his veto was for the good of the country. Cancellation meant to rescind, or in the case of a direct spending item, a veto rendered the provision as prevented from being implemented. The Court ruled : No. If the President wants to try and receive more power in the legislative process, he or she should refer to Article 5 in order to propose amending the Constitution. Made the Line Item Veto act unconstitutional. Bush v. Gore (2000) The issue at stake was a controversial recount in the 2000 U.S. presidential election and, ultimately, which candidate would become President of the United States. The U.S. Supreme Court, in a 5–4 decision ruled that the Supreme Court of Florida had violated the U.S. Constitution when it ordered the recount only in certain districts, and that the recount had already been altered by shifting methods of vote-counting. Therefore, the state of Florida had violated the equal-protection guarantees of the 14th Amendment and either way, there would have been no proper way to recount the votes by the final election deadline therefore Bush became the winner of the national election. Ashcroft v. ACLU (2002) Whether the Child Online Protection Act's requirements violate the First Amendment by restricting speech and also violates the First Amendment by using a method that is not least The Supreme Court decided: No. In an 8-1 decision, the Court held that COPA’s dependence on community standards to identify material that may be potentially harmful to minors is not enough alone to violate the 1st Amendment by restricting speech (claim restrictive? against). Lawrence v. Texas (2003) Does the Texas Homosexual Conduct law violet the 14th Amendment’s guarantee to equal rights. Whether adult’s sex life in their own home violate liberty and privacy (14th, Due Pro) 5 of the 6 justices ruled that it was protected by the Equal Protection law to engage in private, sexual activity even if they were homosexuals. Sodomy laws were taken down in 13 other states. Atkins v. Virginia (2001) Is the execution of mentally retarded persons "cruel and unusual punishment" prohibited by the Eighth Amendment? The Supreme Court decision: Yes. In a 6-3 decision, the Court stated that the executions of mentally retarded criminals are "cruel and unusual punishments" prohibited by the Eighth Amendment because the Constitution places certain restrictions on a state’s power to take the life of a mentally retarded offender/criminal. Citizens United v. FEC (2010) Does a part of the 2002 Bipartisan Campaign Act violate the First Amendment -Corporations or unions cannot contribute 60 days prior to a general election or 30 days of a primary. Hilary: The Movie Majority ruled BCRA S203 (prohibition of independent expenditures) did violate the First Amendment. The precedent established that limits under the BCRA provisions made limits to campaign finance no longer applicable for unions and corporations. Constitutional Clauses Constitutional Clauses Constitutional Language/Phrase Translation Equal Protection Clause 14th Amendment (Esteban) All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Establishment Clause 1st Amend (Jazmin) Clause is the First Amendment that states that Congress shall make no law respecting an establishment of religion. The Supreme Court has interpreted this to forbid governmental support to any or all religions Ex Post Facto Clause (Molina) Latin for "after the fact," which refers to laws adopted after an act is committed making it illegal although it was legal when done, or increases the penalty for a crime after it is committed. Such laws are specifically prohibited by the U. S. Constitution, Article I, Section 9. Therefore, if a state legislature or Congress enact new rules of proof or longer sentences, those new rules or sentences do not apply to crimes committed before the new law was adopted. All those who are born on United States territories are citizens. Equal Protection of the laws under the law Congress can’t establish an official religion for all of U.S. You can’t charge someone of a “crime” committed before the law made it illegal. -Reference to lecture: “You can’t charge Jasmine of chewing gum yesterday(when it was legal to chew gum) today because it was not illegal to chew gum then” Due Process Clause 5th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. “A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.” Free Exercise “Congress shall make no law respecting Clause 1st an establishment of religion, or Amend prohibiting the free exercise thereof; or (GV) abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” Full Faith & “Full faith and credit shall be given in Credit Clause each state to the public acts, records, and (4) (CL) judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.” Extradition Clause (4) (JP) No person can be withheld the right of “Life, liberty or property” without the due process of law. This means that everything must be fair and followed accordingly in the courtroom, such as: presenting evidence, having a judge, jury and confronting the person accusing you. Any accused person who flees to another state should be returned to that state. This request shall be made by the executive authority of the state where the crime was committed. The government should not restrict an individual’s choice of worship in religion. Any decision that would occur in one state must be followed in every other state, except in the case of an exception such as Gay Marriage. Marriage is something that is carried throughout the entire U.S. but when it comes to Gay Marriage it is exempted through DOMA . Bill of Attainder Clause A legislative act which declares a named person guilty of a crime, particularly treason. Such bills are prohibited by Article I, Section 9 of the Constitution. Commerce Clause To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. Contracts Clause No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. Legislature cannot punish nor jail an individual/citizen without a trial. It is prohibited under Article 1, Section 9. Congress has the power to legislate business state to state, foreign countries, and Indian nations. Contracts Clause is a scripted deal in order for each party to comprehend and agree on behalf of what one should expect of each other. Constitutional Clauses Constitutional Language/Phrase Translation Search & Seizure Clause 4th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. There must be a reasonable excuse to get a warrant to search private property of an individual. The constitution protects the individuals from unreasonable government searches in their homes, business, property, etc. Supremacy Clause This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding. The Constitution and every law made by the legislative branch stands as the law of the land meaning that no one, not even the president is above the law. Takings Clause 5th Amendment The Takings Clause of the Fifth Amendment is one of the few provisions of the Bill of Rights that has been given a broader interpretation under the Burger and Rehnquist courts than under the Warren Court. It is a clause near and dear to the heart of free market conservatives. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. This clause guarantees that all people are given the right to a grand jury in the fifth amendment as well as prohibits double jeopardy in which people are charged for the same crime. Furthermore, if someone’s property is taken away, the owner must be compensated and receive something (usually money) in exchange.