Supreme Court Cases

• -established Judicial Review and Appelate System
• -Judiciary Act of 1789 was unconstitutional

• -Maryland tried to tax a national bank
• -established national over state supremacy
• -established implied power
• -established government's use of the elastic clause (implied powers)

-Established separate but equal

• -established limits on free speech
• -speech can only be limited if it constitutes "clear and present danger"

-established precedent for federalizing the Bill of Rights (incorporation doctrine)

-established a test to determine which parts of the Bill of Rights should be incorporated

• -overturned separate but equal
• -unanimous decision

ordered all schools to desegregate with all due and deliberate speed (finally happened in 1963/4)

• -established exclusionary rule (evidence and warrants)
• -something illegal found during a legal search that isn't listed on the warrant can't be used as evidence

-illegal for states to establish a school prayer and require prayer in school

-courts can hear and decide reapportionment cases (district line drawing)

-banned the Lord's Prayer and Bible reading in public schools

-courts are required by the 16th amendment to supply lawyers for those who can't afford them

-congressional districts have to be approximately equal in population

• -a law in Connecticut that didn't allow contraceptives
• -ruled constitution protected a right to privacy

-have to be told your rights when you are arrested before you are questioned

-invalidated an Arkansas statute forbidding teaching of evolution in schools

• -overturned a law that allowed the state to reimburse teachers of secular material in private schools for salary and supplies
• -violated the establishment clause

-right to privacy under the 14th amendment protected the right to abortion

• -is material safeguarded by "executive privilege" subject to judicial review?
• -conclusion: there is no presidential privilege

• -limited campaign contributions but allowed some others
• -candidates can donate unlimitedly to their own campaign

• -race could be a factor in admitting a student to a university
• -reason: to establish a more diverse student body
• -established affirmative action

-upheld a state law that restricted use of federal funds, employees, and facilities in assisting with or performing an abortion

• -states can restrict abortion as long as it does not impose an undue burden on the women
• e.g. 24-hour waiting period
• e.g. parental consent for minors

-no racial gerrymandering (redrawing congressional district lines

• -established areas that the government could regulate under the commerce clause
• -channels of interstate commerce
• -instrumentalities of commerce or people or things involved in commerce
• -things that substantially affect or relate to commerce

• -said parts of Florida Law were unconstitutional and that methods were unjust
• -allowed state's votes for Bush to stand

-2nd amendment protects citizens' right to carry a gun for use within the home in federal "enclaves"

-corporate funding of individual campaign broadcasts cannot be limited under the 1st amendment