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national supremacy- feds > state
(Maryland(state) tried to tax national bank, ruled unconstitutional as the bank was created via necessary & proper/elastic clause) |
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| Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof (gov can't approve a particular relgion) |
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| freedom of the individual to support whatever religion they choose |
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Lemon test to determine if the court's/interest group's action was constitutional
ex: when considering funding, must ensure the program has no religious purpose
2. gov. involvement should not promote or inhibit religion
3. gov action must not lead to excessive entanglement with religion
reversed by Agostini vs. Felton |
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| 1997 reversed Lemon vs. Kurtzman, said that the constitution requires only gov. neutrality towards religion |
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| judicial review (courts determine what is constitutional and what is not) |
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| rights granted by the constitution |
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| rights granted to people as equals under the law |
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2002 gov gave vouchers to fund tuition at private schools, but could religious schools be considered?
also established schools could be used as religious facilities before/after school hours |
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| Zelman vs. Simmons-Harris |
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Christmas manger displays & santa are ok on public property
1) main purpose is to celebrate the holliday
2) doesn't actively promote relgion
3) no excessive entanglement of the gov |
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| prohibited state involvement with prayers in school |
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| states cannot decline benefits for a 7th day adventist's refusal to work on Saturday |
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| court upheld the conviction of a defendant who spread anticonscription literature in wartime "clear and present danger" |
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| defended a KKK guy's threats, as the words were not credible? |
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| Brandenburg v. Ohio (1969) |
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| black arm bands are ok to protest the Vietnam war |
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| Tinker v. Des Moines Independent Community School district (1969) |
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| upheld conviction of a Jehovah's witness who called a marshall a fascist |
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| Chaplinsky v. New Hampshire(1942) |
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| court defended a person's right to wear a vulgar, anti-vietnam war slogan on his shirt |
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| Cohen v. California(1971) |
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| defamation of a person in writing |
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| false statements about officials are protected unless one could prove malice |
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| New York Times v. Sullivan (1964) |
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| gov. had not proven that the damage to national security outweighed the interest of the public in knowing what their gov. was up to. |
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| New York Times v. United States |
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| court defended confiscation of a student's banner at a parade that said "bong hits for jesus" |
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| prevent news from being released that could influence a trial |
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| applied 6th amendment right to a trial by jury to states |
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| Duncan v. Louisianna(1968) |
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| legal counsel must be made available to defendants |
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| Gideon v. Wainwright(1963) |
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| made the Miranda warnings-a person arrested should be advised of his rights |
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| Miranda v. Arizona (1966) |
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| exclusionary rule-evidence obtained illegally cannot be used(4th amendment) |
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| gov can spy on people (suspected terrorists) |
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| congress has the power to regulate trade between states |
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Property (slaves) can cross state borders & the federal gov cannot regulate it so basically slavery = legal everywhere
states rights victory |
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| Dred Scott v. Sanford (1857) |
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| separate but equal regarding black facilities on the railroads originally |
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| Brown v. Board of Education of Topeka(1954) |
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| a state law against contraception was considered unconstitutional |
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| Griswald v. Connecticut(1965) |
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| allowed 1st trimester abortions(striking down state laws against it) |
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| court upheld Missouri law that prohibited abortions in publically funded hospitals |
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| Webster v. Reproductive Health Services (1989) |
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| court upheld a penssylvania law requiring counseling, a 24hour waiting period, and parental/judicial permission for girls under 18 to get an abortion |
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| Planned Parenthood v. Casey(1992) |
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| struck down many states laws that made late-term abortions illegal |
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| Stern Berg v. Carhart (2000) |
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| equal pay for men and women |
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| illegal to discriminate based on gender (can't NOT hire someone for being prego) |
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| women should have equal consideration in educational programs receiving federal aid (like sports programs) |
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| employers are responsible for setting up safeguards against sexual harassment in the workplace |
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| Faragher v Boca Raton (1998) and Burlington Industries v. Ellerth (1998) |
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