Legal Cases Rulings, Rules and Rules. Remember each of these cases has to do with
some interpretation of the Constitution. You must know what Amendment or Article the
case pertains to as well as the rulings
Separation of Powers
Marbury v. Madison – establishes the principle of Judicial Review. Judicial Branch
allowed to review legislative laws to determine constitutionality.
Clinton v. N.Y. Congress cannot give legislative power to president in the form of line
item veto.
Implied Powers and Supremacy of National Laws
Necessary and Proper Clause
McCulloch v. Maryland – Loose construction upheld. States cannot tax the national govt.
The National govt is superior to states. “Power to tax is the power to destroy.”
Specific Powers Prohibited to the States
Impairment of Contracts
Dartmouth College v. Woodward. A charter is a contract, and therefore states cannot
void this private charter in order to make a public school.
Commerce Clause
Gibbons v. Ogden – Article I section 8 clause 3. Commerce clause applied liberally.
Transportation of people is considered commerce, services as well as the trading of goods
is considered commerce. Congress has the sole power to regulate.
Heart of Atlanta Motel v. U.S. – Civil Rights Act of 1964 is constitutional under
Congress’s authority to regulate commerce.
Katzenbach v. McClung – If any product purchased and sold by retailer enters interstate
commerce, it can be regulated by Congress. i.e. hotdog buns.
Redistricting (Election of House and Equal Protection)
Wesberry v. Sanders – One person one vote. Representatives must represent equal
amount of people
Shaw v. Reno – cannot have districts redrawn for sole purposes of getting minorities
elected. Districts must be based upon proportion of minorities to the general population.
Miller v. Johnson – race cannot be the sole factor for redistricting
Federalism
U.S. v. Lopez – Gun Free School Zone Act of 1990 unconstitutional encroachment of
national govt. in purely state matter.
Due Process Clause
If Federal 5th Amendment, if States 14th.
First Amendment
Barron v. Baltimore 1st Amendment does not apply to states.
Gitlow v. N.Y. overruled Barron applies b/c due process clause of the 14th Amendment.
Incorporation doctrine
Freedom of Religion
Establishment Clause and Free Exercise Clause
Establishment clause – wall of separation, no taxes for a church, no national church.
Everson v. Board of Education – definition of establishment clause. Cannot aid or give
preference of one religion over the other.
Engel v. Vitale – outlawed school prayer
Lemon v. Kurtzman – govt aide to parochial schools must have a secular purpose. “Child
Benefit Theory.”
Zelman v. Simmons-Harris. School Vouchers choice is Ok even though some people
will send child to parochial school.
Other issues
Abington case and Murray case. No Bible teaching as classroom instruction
Wallace v. Jeffrey No moment of silence for prayer
Cannot have religious instruction during school hours
Can excuse students for religious instruction
Schools have to be open for churches
Cannot deny teaching of evolution
Posting of religious symbols. Holiday celebrations. Secular objects should be displayed
with religious items or other religions given equal time.
10 Commandment posting depends on whether it is historical or religious in nature.
Do not have to salute flag
What about prayer before Congress, Congressional Chaplain and “In God We Trust” on
currency?
These cases fall within an exception that the Court says are “widely held beliefs.”
Free Exercise
Cannot interfere with worship or religious practice unless it interferes with health, safety,
morals of others. Restrictions generally have to be religion neutral
Wisconsin v. Yoder. Right to practice v. right to educate child. Look at totality of
circumstance. Amish did not need education past the 8th grade.
Contrast to Reynolds v. U.S. Mormons have no right to practice polygamy. This is
similar to cases re: religion and drugs.
Individual believers still have to pay income taxes
Still liable if you do not allow child to receive medical treatment
Freedom of Expression (Speech)
With these cases, in general you have freedom of speech as long as you do not violate
someone else’s rights. i.e. No protest in a courtroom.
Sedition – violent overthrow of the government
Criticism Ok, sedition Not Ok
Symbolic Speech – Texas v. Johnson flag burning
Schenck v. U.S. “ Clear and Present Danger”
Dennis v. U.S.
Yates v. U.S. Simply believing an idea is not enough. Must encourage others to commit
acts of violence.
Brandenburg v. Ohio. The threat posed to others must be imminent as well as clear and
present.
Right to Protest can always be restricted if it is a “Reasonable Time Place and Manner
Restriction.” Therefore, although strip clubs may not be barred altogether, they may be
regulated and zoned. Likewise parades may require a permit or reasonable time
restrictions.
You do not have a right to defame someone. Defamation has two forms: Slander and
Libel.
NY Times v. Sullivan. Public Figures must prove “malice or reckless disregard for the
truth” by the person publishing the information.
However, simply because it’s a public figure doesn’t mean you can purposely misquote
them.
Freedom of the Press
Prior Restraint (Censorship) in general is not Ok.
NY Times v. U.S. Pentagon papers. No prior restraint
Near v. Minnesota
Shield Laws? Protect reporters from giving out sources.
Obscenity Miller v. California Obscenity not protected
Commercial speech can be regulated, esp, if free airwaves.
Advertising can be limited.
Political speech have to give equal treatment to both sides.
Freedom of Assembly
You can be denied the right to assemble on private property
In general you can assemble on public property unless it violates others rights. i.e.
correctional facility.
Regulations on the right to assemble must not be overbroad, or discriminate against
certain types of groups.
Fourth Amendment
Against unreasonable searches and seizures. In general if you want to search, you need a
warrant. However, as with every other right, there are usually exceptions. If there is an
emergency. i.e harm others or destroy evidence, you do not need a warrant. You can only
get a warrant if there is probable cause.
The Warrant needs to be specific stating with particularity what person or place needs to
be searched. Therefore, if you have a warrant for a particular item, you only can conduct
a search that will reasonably lead to that item. See Arizona v. Hicks
INS v. Lopez An INS hearing is a civil hearing that does not require 4th Amendment
guarantees
Exceptions
Terry v. Ohio. Can do a cursory pat down of suspect if there is a reasonable belief that a
crime is being committed.
“Plain View” doctrine – In order for the 4th Amendment to apply, you must have a
“Reasonable Expectation of Privacy”
“Hot Pursuit”
Schools do not need probable cause
Mapp v. Ohio – Exclusionary rule. Applied rule to states.
Exceptions to Exclusionary rule. “Good Faith Mistake,” “Inevitable Discovery Rule”
Fifth Amendment
Right Against Self Incrimination. Applies to all witnesses. Once Defendant starts, he
cannot stop. Once you ask for an attorney, questioning must stop.
Double Jeopardy
Miranda Case
Sixth Amendment
Gideon v. Wainright Right to counsel if you cannot afford one.
Right to call witnesses on your behalf
8th Amendment
Gregg v. Georgia upheld death penalty. Cannot be mandatory or arbitrary.
9th Amendment
These are rights that are reserved to the people. Fundamental rights that people were said
to have before the creation of the Constitution and Bill of Rights
This is where the Right to Privacy falls within.
Grisswald v. CT States cannot prevent married couples from purchasing birth control.
Roe v. Wade Balancing right to privacy against right to life. Trimesters. Also look at
14th Amendment Due Process Clause.
Webster v. Reproduction Health Services – Parental notification and denial of public
funds on abortions
Planned Parenthood v. Casey. Wives do not have to inform husbands. Cannot place
undue burden on a woman’s right.
14th Amendment Equal Protection Clause in addition to the cases involving voting
you should know the different tests and standards for each classification.
Racial Classification – Strict Scrutiny. Compelling State Interest. Law must be
narrowly tailored to meet states interest. Cannot be just for convenience. Race based
policy must be the only way to achieve goal. Race is a suspect class. Usually a denial of
a fundamental right also falls within this test.
Gender – Intermediate Scrutiny. Important government interest. Law must be closely
related to meet the states interest. Quasi Suspect Class
Other Groups – Rational Relationship. Legitimate government interest. Law must be
rationally related to goal. Other groups may be protected by statute. i.e. Age, disabled.
De Facto “In Fact”
De Jure “On its Face”
Cases: Plessy v. Ferguson
Korematsu v. U.S. in war time the Courts will defer to government.
Brown v. Board of Education
Swann v. Charlotte-Mcklenburg Board of Education – District courts have broad power
to end segregation in schools, including forced busing.
California v. Bakke – No quotas, use race as a factor. “reverse discrimination”
University of Michigan Law School Case affirmed Bakke
Affirmative Action programs usually if created by federal govt. the Court has ruled it Ok.
Adarand v. Pena
Smith v. Alllwright – white primaries illegal
Poll Taxes made illegal by 24th Amendment.
Remember, Congress is usually given broader discretion to make laws for certain groups
under their commerce clause power. i.e. ADA, Civil Rights Act of 1964, Title IX,