Constitution

Constitution

1. Bill Of Rights

   • First Amendment
     • Speech
       • Shneck v US
         • Limits to speech if it causes "danger"
       • Gitlow v. New York
         • States cannot deny freedom of speech
       • Bradenburg v. Ohio
         • Law that proscribes advocacy of violence for political reform is constitutional if applies to speech that is not directed toward producing imminet lawlessness and it not likely to produce such action is not constitutional
       • Buckley v. Valeo
         • protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns
       • Texas v. Johnson
         • Burning the American flag is symbolic free speech with a political purpose and is protected
       • Citizens United v FEC
         • 501c4s can spend unlimited amounts of dark money as long as they are advocating their chosen issue and not a canidate
       • Winsconsin v Yoder
         • Free exercise of religion not violated of compulsory attendance laws.
       • Near v Minisota
         • Rejects prior restraint
       • Miller v. California
         • Ruling that determined the obscenity clause to related to works that lack literary, artistic, political or scientific value
     • Press
       • NY Times v. US
         • Pentagon papers case that affirmed the no-prior-restraint doctrine
       • Hazelwood v. Kuhlmeier
         • Public schools can limit what appears in school-sponsored student publications.
     • Religion
       • Engle v. Vitale
         • Prohibited state sponsered recitation of prayer in public schools
       • Lemon v. Kurtzman
         • Defining government actionsin dealing with religion
       • Wallace v. Jaffree
         • One minute of moment of silence for prayer violated establishment clause
     • Assembly
       • Boy Scouts of America v. Dale
         • Boy scouts were allowed to dismiss a leader after learning that he was gay, holding the freedom of association
     • Petition
       • Tinker v. Des Moines
         • Guaranteed a students right to protest
   • Second Amendment
     • District of Columbia v. Heller
       • Incorporated the 2nd Amendment to D.C
     • McDonald v. Chicago
       • Incorporated the 2nd amendment to the states
   • Fourth Amendment
     • Youngstown Sheet Co V. Sawyer
       • Government cannot seize a factory even if a stike will hurt a war efort
     • Mapp v. Ohio
       • Exclusionary rule; evidence is inadmissible if acquired during an illegal search
     • Schmerber v. California
       • Need a search warrant for your body
     • Terry v. Ohio
       • Police officers may search persons under arrest for weapons
     • New Jersey v. TLO
       • School officials need reasonable suspicion to search a student
   • Fifth Amendment
     • Miranda v. Arizona
       • Ruling that upon arrest, a suspect has the right to remain silent and the right to consult with a lawyer
   • Eighth Amendment
     • Gregg v. Georgia
       • Fourteenth Due Process
       • Death penalty laws requiring dual phase trial and special circumstances,
   • Ninth Amendment
     • Baker v. Carr
       • Ordered state legislative districts to be as near equal as possible in population
     • Gideon v. Wainright
       • Ruling that defendant in a felony trial must be provided a lawyer free of charge if the defendant cannot afford one
     • Griswold v. Connecticut
       • Decision that the Constitution implicitily guarantees citizens' rights to privacy
     • Roe v. Wade
       • Ruling that decriminalized abortion
     • Cruzan v. Missouri
       • Right to privacy in cases of assisted suicide are unconstitutional
     • Planned Parent v. Casey
       • Minors needed to have a parental consent when obtaining an abortion

2. Articles

   • Article I
     • Gibbons v. Ogden
       • Clarified the commerce clause and affirmed congressional power over interstate commerce
     • McCulloch v. Maryland
       • Court ruled that stated cannot tax the federal government
   • Article III
     • Marbury v. Madison
       • Established the principle of judicial review
     • US v. Nixon
       • The court rejected Nixon's claim to an absolutely unqualified privilege against any judicial process

3. Thirteenth Amendment

   • Dred Scott v. Stanford
     • Stated that slaves were not citizens, living in a free state didnt free slaves, declared Missouri Compromise unconstitutional
   • Plessy v. Ferguson
     • Ruling that seperate but equal facilities for different races were not constitutional

4. Fourteenth Amendment

   • Korematsu v. US
     • The court upheld the constitutionality of detention camps for Japense-Americans during World War 2
   • Brown v, Board
     • Case the overturned Seperate but Equal standard of discrimination in education
   • Heart of Atlanta v. US
     • Decided that Congress could use the Commerce Clause to fight decision.
   • Regents v. Bakke
     • Imposed limitations on affirmative action to ensure that providing greater opportunities for minorities did not come at the expense of the rights of the majority
   • Bush v. Gore
     • Use of 14th amendments equal protection clause to stop the Flordia recount in the election of 2000