APGOPO Review #5

Top 30 Court Casesand 30 legal terms

Terms

• 1. Civil Liberties• 2. Civil Rights

Civil Liberties in the Constitution

• 3. Writ of Habeas Corpus- You must be brought before the court and informed of charges against you

• 4. Bill of attainder-You cannot be punished without a trial

• 5. Ex Post Facto –Laws Applied to acts committed before the laws passage are unconstitutional

The terms on this page are Civil Liberties outlined, enumerated and expressed in the Constitution

Classic Marshall Court Cases

1. Marbury v Madison (1803)

• Established the principle of judicial review

• Strengthened the power of the Judicial branch by giving the Supreme Court the authority to declare acts of Congress unconstitutional

John Marshall was the first significantChief Justice of the Supreme Court

Classic Marshall Court Cases

• 2. McCulloch v Maryland(1819)

• Confirmed the right of Congress to utilize implied powers to carry out its expressed powers

• Validated the supremacy of the national government over the states by declaring that states cannot interfere with or tax the legitimate activities of the federal government.

This case was about Maryland taxing the 2nd national bank.

Maryland lost.

• 1. Which of the following statements is NOT true of the Supreme Court’s decision in McCulloch v. Maryland (1819)?

• It held that state governments could pass a law negating a fed- eral law within their boundaries if they believed the federal law was unconstitutional.

• It confirmed the supremacy of the federal government over state governments.

• It determined that states could not levy taxes on federal gov- ernment operations.

• It interpreted the “necessary and proper” powers clause of the Constitution to mean that the federal government has implied powers not specifically stated in the Constitution.

• It upheld the constitutionality of the national bank established by the federal government.

Classic Marshall Court Cases

• 3. Gibbons v. Ogden (1824)

• Strengthened the power of the federal government to regulate interstate commerce

• Established the commerce clause’s role as a key vehicle for the expansion of federal power

Commerce, waterways and monopolies of steamboats….but the federal government has control over the waterways

Today we call these things infrastructure

First Amendment cases15 out of the 30 are 1st amendment cases! Wow! Better know that first amendment!!T

1st AmendmentEstablishment clause cases

• 4.Engle v Vitale (1962)

• Struck down state sponsored prayer in public schools

• Ruled that the Regents prayer was an unconstitutional violation of the Establishment clause

1st amendment: Establishment clause

• 5. Lemon vs. Kurtzman (1971)

• State funding for private schools struck down

• State aid to church related schools must meet the Lemon test

The Lemon test:

a. The purpose of the aid must be clearly secular

b. The government’s action must neither advance nor inhibit religion

c. The government’s action must not foster “excessive entanglement” between government and religion

1st amendment: Free Exercise clause

• 6.Wisconsin v Yoder (1972)• Wisconsin can’t require

Amish parents to send kids to school beyond 8th grade because it violates long held religious beliefs

1st amendment free exercise

• 7. Oregon v. Smith (1990)• Banned use of illegal drugs

in religious ceremonies• Ruled that the government

can act when religious practices violate criminal laws

Reynold v US (1879) was the first case to be established as a precedent for free exercise. It outlawed polygamy.

1st amendment: Free Speech Cases

• 8. Schenck v United States (1919)

• Ruled that free speech could be limited when it presents a “Clear and present danger”

• Established the “Clear and present danger” test to define conditions under which public authorities can limit free speech

1st amendment free speech cases

9.New York Times vs. Sullivan(1964)Ruled that public officials cannot win a suit for defamation unless the statement is made with “Actual Malice”

1st amendment Free Speech cases

10. Roth v United States (1951)

*Ruled that obscenity is not constitutionally protected free speech*created the “prevailing community standards” rule requiring a consideration of the work as a whole

But only to a certain extent….

1st amendment free speech

• 11. Tinker v. Des Moines Independent School district (1969)

• Protected some forms of symbolic speech

• Ruled that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate”

1st amendment free speech

12.Texas vs. Johnson (1989)

• Ruled that flag burning is a form of symbolic speech protected by the first amendment

1st amendment Free Speech

13. Citizens United vs. FEC (2010)• Corporations are allowed

political speech like people• Rejects corporate spending

limit on campaigns

“Political speech” upheldPAC-limits on donations-must disclose donors-no corporate donors unitl…

Citizens United vs FEC (2010)

SuperPAC-unlimited donations-must disclose donors.BUT

Speechnow.org vs. FEC Super pacs cannot directly support candidates.

527501

PACS and Super PacsWhen comedian Stephen Colbert founded his satirical "Americans For A Better Tomorrow, Tomorrow" Super PAC last year, then decided to "run for President of South Carolina," he was forced by law to pass off control -- which he did, to his Comedy Central colleague Jon Stewart. Stewart re-named it "The Definitely Not Coordinating With Stephen Colbert Super PAC" and issued a statement assuring the public, "Stephen and I have in no way have worked out a series of morse-code blinks to convey information with each other on our respective shows."As of this hour, there are 593 registered Super PACs, advocating everything from fat old men to hungry young zombies. More notably, there is Priorities USA, which supports President Obama and has spent nearly $18 million (as of June 30) to further his cause since being co-founded by former White House deputy press secretary Bill Burton.

1st amendment freedom of press

14. Near vs Minnesota (1931)Incorporation—freedom of press applied to states through due process clause of 14th amendment

Prior restraint prohibited.

Prior restraint prohibited +Pre publication censorship

Theme—the court is most reluctant to limit the press out of all the first amendment freedoms

1st amendment Freedom of the press

15 NY times vs. US 1971 Court reaffirms position of prior restraint refusing to stop publication of Pentagon papers

Precedent cited? Near vs. Minnesota (1931)

Prior restraint

1st amendment Freedom of the press

16. Hazelwood School District v Kuhlmeier (1988)

• Court ruled in favor of school district censorship of student papers as long as it is related to “legitimate concerns”

Freedom of Assembly and Petition- still 1st amendment!

• In general the courts have ruled:– To maintain order, govt. may require groups

wanting to parade or demonstrate to obtain a permit

– Certain facilities (schools, airports, jails) not generally open to public may be restricted from demonstrations)

– Public safety and keeping the peace may be used as reasons to disperse demonstrations

Practice questions

• 29. The decision of the Supreme Court in Roe v. Wade was based on

• the Free-Exercise Clause of the First Amendment • the right to privacy stated in the Bill of Rights • the right to privacy implied in the Bill of Rights • the right to privacy established in Lawrence v.

Texas • the Establishment Clause of the First Amendment

• 53. What is eminent domain? • the supremacy of the federal government over state

governments • the legal document issued when a higher court decides to re- • view a decision of a lower court • the legal term referring to the Supreme Court’s remanding of a • case to a lower court for a retrial • a requirement imposed by the federal government on state • governments such as requiring that public buildings be acces- • sible to persons with disabilities • the power of government to take private property for public use