KEY COURT CASES

established judicial review; power of the supreme cours is supreme in deciding cases as unconstitutional or not

established national supremacy and implied powers; the use of the elastic clause==> state unable to tax.

• ruled that
• 1. fed govt cant ban slavery from territores
• 2. blacks whether slaves or free were never citizens

established seperate but equal as the law of the land. legalized Jim Crow laws and segregation

• established clear and present danger test; 1st amend of free speech does not cover speach that creates 'clear and present danger'
• limits on speach are stricter during wartime

established federalizing Bill of Rights, applying them to the states. states cannot deny freedom of speech, it is protected through due process of the fourteenth amendment

provided test for dertermining which parts of bill of rights should be federalized; those which are necessary for liberty to exist

redefines interstate commerce; even if an activity is local and not considered commerce, it can still be reached by congress if it exrts substantial economic effect on interstate commerce

• used amendment 14 to justify seperate but equal is unconstitutional.
• unanimous!

ordered schools to desegregate with all due and deliberate speed

• established exclusionary rule: evidence obtained illegally cannot be used in a court of law
• Warren Court's judidcial activism

• prohibited state-sponsered recitation of prayer in public schools bu virtue of amend 1 establishment and amend 14 due process
• Warren Court's judidcial activism

• one man one vote. ordered state legislative districts to be as near as possible to equal in population
• Warren Court's judidcial activism

• prohibited devotional bible reading in public schools by vitrue of establishment clause and due process
• Warren Court's judidcial activism

• ordered states to provide lawers for those unable to afford them in criminal proceedings where accused faces possbile 6 month sentence by 14th amend
• Warren Court's judidcial activism

established right of privacy through 4th and 9th amend.

• esablished miranda rights: warnings of counsel and silence that must be given before questioning
• Warren Court's judidcial activism

• allowed states to provide textbooks and busing to studends attending private religious schools.
• established the lemon test 1. nonsecular purpose 2. niether advances/inhibits religioun 3. doesnt require excessive govt entanglement

established national abortion guidlines: no state interference in 1st trimester, may regulate to protect the health of the mother in 2nd trimester, may regulate health of baby in 3rd trimster

allowed executive privilige, but not in criminal cases; even the president is not above the law

1st amend protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns

states may allow race to be taken into account as ONE factor in admissions decision

more leeway for states in regulating abortion, though no overturning of Roe v Wade

struck down texas law that banned flag burning, a protected symbolic speech

states could deny unmployment benefits to a person fired for violating a state prohibition

states can regulate abortion but not with regulations that impose undue burden upon the woman; didnt overturn roe v wade but gave state more leeway in regulating abortion ie 24 hour waiting period, parental consent for minors

no racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries, though minority-majority districsts are constitutional

gun free school zone exceeds congress' athority to regulate interstate commerce

banned presidential use of line item veto

use of fourteenth amendment's equal protection clause to stop florida recount in the election of 2000

public money can be used to send disadvanteged children to religious schools in tuition voucher programs

struck down fedreral ban on 'virtual' child pornography

using right of privacy, struck down texas law banning sodomy

struck down use of 'bonus points' for race in undrgrad admission at Univrsity of Michigan

allowed the use or race as a gernal factor in law school admissions of University of Michigan

eminent domain case: local govts may force the sale of private property and make way for private economic development when officials decide it wiould benefit the public

upheld Partial Birth Abortion Ban Act of 2003 by vote of 5-4

struck down washington dc ordinance that banned handguns but DID NO incorporate the 2nd amend to the states

ruled it a violation of 8th amend to put a person to death for a crim committed while still a minor. ovrturned Stanford v Kentuky

ruled it legal to apply death penalty to those convicted who were at least 16 when crime was commited