Term
|
Definition
| 1819; McCullough demanded that the 2nd Bank pay the Maryland branch $15,000/year as a tax or print currency on Maryland branch. Could Congress establish a bank? Yes. Maryland said they didn't. McCullough said they had the right to carry out these powers. Supreme Court agreed with McCullough. First time the power of the national government was expanded under the necessary and proper clause. Taxing the bank may lead to bankruptcy. |
|
|
Term
|
Definition
| 1824; First case to expand the power of the national government using the commerce clause. Ogden had been given monopoly power over the Hudson River by NY legislation. Gibbons applied for one from Congress. Can the states or Congress regulate interstate commerce? Congress. Case overthrown by Supreme Court. |
|
|
Term
|
Definition
| 1962; NY had mandatory requirement that students recite nondenominational that started with "Almighty God..." with pledge. Establishment clause violated by NY? Court struck down prayer. |
|
|
Term
| Abington School District v. Schempp |
|
Definition
| 1963; Sponsored daily readings of the Bible and recitation of the Lord's Prayer in public schools. |
|
|
Term
|
Definition
| 1992; Can't have a clergy member read prayer at a graduation ceremony. |
|
|
Term
| Santa Fe Independent School District v. DOE |
|
Definition
| 2000; student-led, student-initiated prayer at high school football games violated the establishment clause. |
|
|
Term
|
Definition
| 1971; Pennsylvania law allowed state financial support, such as textbooks, for secular objects taught to parochial schools. Did law violate establishment clause? Court ruled that the state violated establishment clause by providing aid to parochial schools. Court developed a three-prong test: must be secular, primary effect neither helps or inhibits religion, and must avoid an excessive entanglement of government with religion. |
|
|
Term
|
Definition
| 1878; Dealt with the practice of polygamy in the territory of Utah. Reynolds, a Mormon, was a polygamist who was arrested for breaking the law. Court ruled that religious duty was not a suitable defense to a criminal indictment and Utah law was constitutional and not a violation of free exercise clause. |
|
|
Term
|
Definition
| 1990; Dealt with practice by Native Americans of using peyote as part of religious ritual. Oregon refused to grant unemployment benefits because Native Americans used illegal drugs and were dismissed from drug counseling jobs. Court upheld Oregon's decision. |
|
|
Term
|
Definition
| 1925; Gitlow was a Socialist who advocated free speech and pamphlet strikes and other civil actions. NY had anti-anarchy law and Gitlow was arrested. Did NY violate 1st Amendment? Court upheld conviction creating a "dangerous tendency" test. |
|
|
Term
| Chaplinsky v. New Hampshire |
|
Definition
| 1945; Walter Chaplinsky, a Jehova Witness, angry after being forced to leave public demonstration he led called town marshall a "damned rackateer" and a "damned Fascist." Chaplinsky arrested for violating breach of the peace. Court upheld his arrest and established a "fighting words" doctrine: words that inflict injury or cause a breach of the peace can be regulated. |
|
|
Term
|
Definition
| 1919; Charles Schenck, Secretary of Socialist Party, mailed flyers to potential draftees urging them to draft during WWI. He traveled around the country speaking out against the draft. U.S. Government accused Schenck of violating Espionage Act of 1917, which makes insubordination illegal. Court upheld his arrest. Doctrine gives the government the right to prosecute individuals who through expressive or symbolic speech create a "clear and present danger." |
|
|
Term
|
Definition
| 1969; Mary Beth Tinker suspended from school for wearing a black armband protesting Vietnam War. Court ruled that the suspension was unjustified and stated that student rights "do not stop at the schoolhouse gates" but also recognized that schools had the right to intervene if there was a "material and substantial" disruption of the school environment. 1st case that raised the issue of whether students attending public schools were protected by Bill of Rights. |
|
|
Term
|
Definition
| 1989; Gregory Lee Johnson arrested for burning a U.S. flag protesting Reagan's policies and nomination for 2nd term outside Republican National Convention in Dallas. Convicted for breaking Texas law that prohibited "desecration of a venerated object." Court ruled that burning flag was symbolic speech and constitutional. Congress failed to pass amendment banning burning flag. |
|
|
Term
|
Definition
| 1971 Pentagon Papers; Daniel Ellsberg leaked secret Pentagon study of Vietnam War published by the New York Times and Washington Post. Nixon obtained injunction against papers that stopped publication. Court ruled that the "Times" and "Post" had right to publish the Papers and government misused authority of "prior restraint." |
|
|
Term
|
Definition
| 1995; Congress passed Gun Free Zone Act in 1990. Alfonso Lozez Jr., 12th grader from Texas, brought a concealed .38 caliber revolver and 5 cartridges to school. Charged with violating Gun Free Zone Act. Court decided that the law was unconstitutional because it violated 10th Amendment's reserve power clause. Court ruled that the act had nothing to do with interstate commerce and authority to pass legislation was with states. Supreme Court affirmed position of Lopez. It held that while Congrss had broad lawmaking power, it was limited and did not extend to "commerce" as to authorize legislation of carrying handguns. |
|
|
