civil liberties & civil rights

all court cases from unit 3

background of the case: what is the issue? (engel v vitale 1962)

NY passed a law to recite a prayer over the loudspeaker every morning

provision of the Bill of Rights in conflict (engel v vitale 1962)

1st amendment → religion → establishment clause.

ruling of the court (engel v vitale 1962)

unconstitutional

seperation of church & state

impact on the balance of power (engel v vitale 1962)

limit states ability to establish religion

background of the case: what is the issue? (lemon v kurtzman 1971)

laws that deal with religion

provision of the Bill of Rights in conflict (lemon v kurtzman 1971)

1st amendment → religion → establishment clause

ruling of the court (lemon v kurtzman 1971)

1-must have a secular purpose

2-”not advance nor inhibit religion”

3-”not have excesive govt intervention”

impact on the balance of power (lemon v kurtzman 1971)

framework on establisment clause cases

background of the case: what is the issue? (employment division v smith 1990)

Orgegon had a state law that you couldn’t use illegal drugs at work; 2 people injested peyote & went to work high, they were fired with no umemployment comp, and said the govt violated their free exercise

provision of the Bill of Rights in conflict (employment division v smith 1990)

1st amd → religion → free exercise clause

ruling of the court (employment division v smith 1990)

religious beliefs don’t excuse from compliance with a valid law

impact on the balance of power (employment division v smith 1990)

inhibited free exercise

can’t use religious practices to break a valid law

background of the case: what is the issue? (wisconsin v yoder 1972)

state law of compulsory school attendance until 16, 8th grade sufficient for Amish

provision of the Bill of Rights in conflict (wisconsin v yoder 1972)

1st amd → religion → free exercise clause.

ruling of the court (wisconsin v yoder 1972)

state didn’t make a compelling argument as to why they must continue education

impact on the balance of power (wisconsin v yoder 1972)

affirms free exercise and puts burden on states

expanded free exercise

background of the case: what is the issue? (tinker v des moines independent school district 1969)

school doesn’t allow wearing armbands, students wear them anyways and are suspended (protesting vietnam war)

provision of the Bill of Rights in conflict (tinker v des moines independent school district 1969)

1st amd → speech (symbolic speech)

ruling of the court (tinker v des moines independent school district 1969)

students win (they have the right to symbolic speech at school)

impact on the balance of power (tinker v des moines independent school district 1969)

students don’t lose speech rights when they went the school

background of the case: what is the issue? (morse v fredrick (bong hits 4 jesus) (extra))

Joseph fredrick participated in a school supervised event holding a sign referencing marijuana smoking, he was suspended citing the promotion of using illegal drugs

provision of the Bill of Rights in conflict (morse v fredrick (bong hits 4 jesus) (extra))

1st amd → speech

ruling of the court (morse v fredrick (bong hits 4 jesus) (extra))

school officials can prohibit students from displaying messages that promote illegal drug use

impact on the balance of power (morse v fredrick (bong hits 4 jesus) (extra))

students have limited free speech at school

background of the case: what is the issue? (schenck v US (1919))

arrested for advocated treason or insurrection & incited disloyal behavoir in the military (resisting the draft)

provision of the Bill of Rights in conflict (schenck v US (1919))

1st amd → speech.

ruling of the court (schenck v US (1919))

speech is limited when it presents a clear and present danger (actions were detrimental to govt procedure”

impact on the balance of power (schenck v US (1919))

creates perameters on protected speech

background of the case: what is the issue? (texas v johnson (1989)(extra))

johnson burned an american flag & was tried and convicted under a law outlawing flag desecration

provision of the Bill of Rights in conflict (texas v johnson (1989)(extra))

1st amd → speech *

ruling of the court (texas v johnson (1989)(extra))

buring the flag is protected

impact on the balance of power (texas v johnson (1989)(extra))

the fact that an audience takes offense to certain ideas or expression does not justify prohibitions of speech

background of the case: what is the issue? (district of columbia v heller(extra))

a police officer with a state issued hand gun was denied the right to a personal gun

provision of the Bill of Rights in conflict (district of columbia v heller(extra))

2nd amd

ruling of the court (district of columbia v heller(extra))

the restriction on hand guns violates the 2nd amd

impact on the balance of power (district of columbia v heller(extra))

created a precedent on gun laws

background of the case: what is the issue? (gideon v wainwright 1963)

gideon was charged with felony breaking & entering - he appeared in court without a lawyer (he requested one & was denied) and was found guilty

provision of the Bill of Rights in conflict (gideon v wainwright 1963)

6th amd → right to an attorney

14th amd → equal protection, due process, & citizenship

ruling of the court (gideon v wainwright 1963)

requires state courts to appoint attorneys for defendant who could not afford to retain their own counsel

impact on the balance of power (gideon v wainwright 1963)

selective incorporation of the 6th amd (right to an attorney) at the state level

right to an attorney for anything

right to 6th bc of 14th

background of the case: what is the issue? (mapp v ohio 1961)

mapp was convicted of possessing obscene materials (found when they were looking for a fugitive in her apt) after an illegal search of her home

appealed her conviction based on freedom of expression

provision of the Bill of Rights in conflict (mapp v ohio 1961)

4th amd → unreasonable search & seizure

ruling of the court (mapp v ohio 1961)

exculsionary rule (all evidence found illegally are inadmissable in court)

impact on the balance of power (mapp v ohio 1961)

exculsionary rule & the fruit of a poison tree

background of the case: what is the issue? (brown v board of education 1954)

Brown was denied the right to attend a white school'

provision of the Bill of Rights in conflict (brown v board of education 1954)

14th amd → equal protection

ruling of the court (brown v board of education 1954)

seperate but equal is inherently unequal

impact on the balance of power (brown v board of education 1954)

overturned plessy v ferguson

background of the case: what is the issue? (baker v carr 1962)

TN citizens alleged that a law designed to apportion the seats for the general assembly was ignored (didn;t keep up with demographics)

provision of the Bill of Rights in conflict (baker v carr 1962)

2nd amd

14th amd → equal protection clause

ruling of the court (baker v carr 1962)

court can review act of state legislatue

impact on the balance of power (baker v carr 1962)

1 person → 1 vote

background of the case: what is the issue? (mcdonald v chicago 2010)

suits filed against chicago challenging their gun bans

provision of the Bill of Rights in conflict (mcdonald v chicago 2010)

2nd amd

14th amd →due process

ruling of the court (mcdonald v chicago 2010)

right to bear arms in self-defense

impact on the balance of power (mcdonald v chicago 2010)

right to bear ars applies to th state bc of the 14th amd

affirms right to own a gun for self-defense

background of the case: what is the issue? (citizens united v FEC 2010)

BCRA restricted independent political spending by corporations and unions

provision of the Bill of Rights in conflict (citizens united v FEC 2010)

1st amd → speech ()

ruling of the court (citizens united v FEC 2010)

political spending by special interest groups protected as free speech

impact on the balance of power (citizens united v FEC 2010)

creates super pacs

money=speech

background of the case: what is the issue? (marbury v madison 1803)

adams tried to pack the court before leaving office

provision of the Bill of Rights in conflict (marbury v madison 1803)

article 3

ruling of the court (marbury v madison 1803)

judiciary act of 1789 expanded the original jurisdiction of surpreme court

impact on the balance of power (marbury v madison 1803)

judicial review

background of the case: what is the issue? (mcculloch v maryland 1819)

maryland levied a tax on the bank of the US

provision of the Bill of Rights in conflict (mcculloch v maryland 1819)

article 1 section 8 (necessary and proper clause)

article 6 (surpremacy clause)

ruling of the court (mcculloch v maryland 1819)

govt can establish a bank (a1 s8)

maryland can’t tax the bank (a6)

impact on the balance of power (mcculloch v maryland 1819)

expanded legislative power

background of the case: what is the issue? (roe v wade 1973)

texas implements an abortion ban

provision of the Bill of Rights in conflict (roe v wade 1973)

14th amd → due process clause

“right to privacy“

ruling of the court (roe v wade 1973)

states must recognize a woman’s right to choose to have an abortion as a fundamental right of privacy

impact on the balance of power (roe v wade 1973)

gives women the right to an abortion

background of the case: what is the issue? (shaw v reno 1993)

NC created unusually shaped districts to create black majority districts

provision of the Bill of Rights in conflict (shaw v reno 1993)

14th amd → equal protection clause

ruling of the court (shaw v reno 1993)

race cannot be the primary factor for legislative redistricting

impact on the balance of power (shaw v reno 1993)

racially gerrymandered districts are unconstitutional

background of the case: what is the issue? (us v lopez 1995)

student brought a weapon to school & was charged under texas law, state charges dissmissed and replaced with federal charges

provision of the Bill of Rights in conflict (us v lopez 1995)

article 1 (commerce clause)

ruling of the court (us v lopez 1995)

possession of a gun in a school zone is not an economic activity that might have effect on interstate commerce

impact on the balance of power (us v lopez 1995)

limited federal commerce power