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SCOTUS Cases that are tied to Bill of Rights, Amendments, and Documents that are necessary
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Schenck v. U. S. (1919)
Speech representing “a clear and present danger” is not protected (1) Because the pamphlets could have caused mass-protests and rebellion, there was iminent danger from the speech, allowing the government to restrict it.
Engel v. Vitale (1962)
School-sponsored prayer violates the establishment clause (1) Created a precedence of not allowing student-led prayer in official public school events and the government cannot endorse or deny any religions
Tinker v. Des Moines (1969)
Students in public schools are allowed to wear armbands as symbolic speech (1) Students do not shed their rights unless it creates a substantial disruption in the school environment.
NYT v. U.S. (1971)
The government cannot forbid a press publication ahead of time (1) The government cannot apply prior restraint unless the publication will create inevitable, direct, and immediate danger for the U.S. or its citizens
McDonald v. Chicago (2010)
The right to bear arms to protect one’s property (2)
Gideon v. Wainwright (1963)
States must provide poor defendants with an attorney (6)
Roe v. Wade (1973)
Abortion is in a woman’s privacy, but states have a legitimate interest in protection of the unborn (1, 3, 4, 5, 9)
Wisconsin v. Yoder (1972)
The state or national government cannot create laws that violate the free exercise clause, meaning that laws cannot violate a religious way of life (2)
Mc. Donald v. Chicago (2010)
The 2nd Amendment must be protected by states based on the due process clause of the 14th amendment (2) An individual has the right to “keep and bear arms,” which means that the individual states do not have the power to create or enforce gun laws. (Supremacy Clause)
Gideon v. Wainwright (1963)
States must provide an attorney for defendants who can’t afford one to guarantee a fair trial (6) Applies the 6th amendment to all states through selective incorporation and the 14th amendment.
First Amendment
freedom of speech, religion, assembly, and press
Second Amendment
right to bear arms
third amendment
right to not quarter soldiers
fourth amendment
right against unreasonable search and seizure
Fifth Amendment
Protects against self-incrimination, double jeopardy, and ensures just compensation for property takings.
Sixth Amendment
Ensures the right to a speedy trial, an impartial jury, to be informed of charges, to confront witnesses, to call witnesses, and to legal representation.
Seventh Amendment
Guarantees the right to a jury trial in civil cases.
Eigth Amendment
Protects against cruel and unusual punishment
Ninth Amendment
The people have rights that are not stated in the constitution
Tenth Amendment
The rights not reserved for the national government will go to the states, local government, or the people
Brown v. Board of Education (1954)
This landmark case ruled that racial segregation in public schools violates the Equal Protection Clause of the Fourteenth Amendment, overturning the 'separate but equal' doctrine established by Plessy v. Ferguson (1896).
Fourteenth Amendment
Grants citizenship to all born or naturalized in the U.S. and ensures equal protection under the law.
Twenty Fourth Amendment
made illegal any tax related to the voting process
Civil Rights Act of 1968
made illegal the practice of selling real estate based on race, color, religion, national origin, or gender
Civil Rights Act of 1964
Prohibited discrimination based on race, color, religion, sex, or national origin, and ended segregation in public places and schools.
Dr. Martin Luther King’s Letter from Birmingham Jail
Defends the strategy of nonviolent resistance to racism. Says people have a moral responsibility to break unjust laws and to take direct action rather than waiting potentially forever for justice to come through the courts.
Voting Rights Act of 1965
Federal law aimed at removing voting barriers for African Americans and enforcing voting rights under the Fourteenth and Fifteenth Amendments.
Nineteenth Amendment
Women can vote!
Judiciary Act 1789
established the federal judiciary system in the United States, including the Supreme Court and lower federal courts, and outlined their jurisdiction.
Baker v. Carr
Established the principle of “one person, one vote.” The apportionment lines had not been redrawn, making unequal representation. This violated the 14th and established precedents for fed intervening in apportionment issues and apportionment standards.
Shaw v. Reno
Apportionment made the votes skewed towards AA ppl, ppl argued that it violated the 14th because it gave more power to a certain group intentionally. Ruling was that the apportionment was unconstitutional because it was drawn primarily on race. Race can be a consideration, but should not be the predominant factor.
Citizens United v. FEC
ruled that corporate funding of independent political broadcasts cannot be limited under the First Amendment, leading to increased political spending by corporations and unions.
money = speech, but allows dark money
12th Amendment
VP is picked by president and must be the same party
13th Amendment
ended slavery
14th Amendment
Guarantees all citizenship; Equal Protection and Due Process
15th Amendment
Gave AA the right to vote and no colorism w voting
16th Amendment
Federal income tax: gives a major source of revenue for the gov
17th Amendment
Established direct election of United States Senators by popular vote, replacing state legislature election.
Full Faith and Credit
A clause in the Constitution that requires states to recognize the public acts, records, and judicial proceedings of every other state, ensuring legal consistency.
Commerce Clause
Cong has the power to regulate all business activities over state and international lines.
Due Process
A constitutional guarantee that legal proceedings will be fair and that individuals will be given notice and an opportunity to be heard, protecting their rights from arbitrary action.
Equal Protection
prohibits states from denying equal protection of the law/discrimination
Elastic
grants Congress the power to pass necessary laws to fulfill its Constitutional powers
Establishment
no religion should be established, favored, or discriminated against by the government
Supremacy
federal law is that supreme law of the land (fed>state)