4,620
edits
Landmark Supreme Court cases: Difference between revisions
→List of Fourteenth Amendment "Incorporation Cases"
| Line 322: | Line 322: | ||
== Major "Courts" (Chief Justices) == | == Major "Courts" (Chief Justices) == | ||
=== Marshall | === Marshall Court, 1801-1835 === | ||
* under Chief Justice John Marshall | |||
* early Republic period | * early Republic period | ||
* established judicial review and federal supremacy | * established judicial review and federal supremacy | ||
* protected contract and property rights from state encroachment | |||
=== Taney (Roger) === | === Taney (Roger) === | ||
* prior to the Civil War, Taney defended slave states | * prior to the Civil War, Taney defended slave states | ||
* most important decision: Dred Scott v. Sandford (1857) | * most important decision: Dred Scott v. Sandford (1857) | ||
** which invalidated the Compromise of 1850 | |||
=== Fuller ( | === Chase, Waite & Fuller Courts, 1864-1910 === | ||
* Chief Justices Salmon P. Chase (1864-1873), Morrison Waite (1874-1888) and Melven Weston Fuller (1888-1910) | |||
* the Chase court oversaw Reconstruction Era civil rights laws and cases | |||
* Waite Courts | |||
* Fuller Courts were marked by | |||
** anti- federal regulations | |||
** pro-freedom of contract | |||
** legalized segregation (Plessy v. Furgeson, 1894) and created the "s eparate but equal" doctrine: | |||
=== Lochner era === | |||
* named for the case "Lochner v. New York (1905) | |||
** in which the Court invalidated a maximum hours law under the theory that they violated private contract | |||
** the state of New York enacted a law that limited work hours | |||
** a baker, Joseph Lochner, was arrested for violating the law | |||
** the Court ruled that the law violated "due process" protections of individual rights to contract | |||
*** i.e., that Lochner and his employees had a right to contract work hours without state interference | |||
* the '''Lochner era''' Courts generally invalidated state and federal laws that regulated the workplace (hours, wages, etc.) | |||
* the ''Lochner'' case created the idea of "substantive due process" (see "Incorporation cases") | |||
* the Lochner era ended when, following President Franklin Roosevelt's "court packing scheme", the Court adjusted its attitude towards New Deal programs | |||
** ''West Coast Hotel Co. v. Parrish'', (1937) upheld a minimum wage law, and thus allowed for state restrictions on private contract | |||
=== White (Edward Douglass) === | === White (Edward Douglass) === | ||
| Line 351: | Line 375: | ||
== List of Fourteenth Amendment "Incorporation Cases" == | == List of Fourteenth Amendment "Incorporation Cases" == | ||
* "Incorporation" refers to application of the rights and protections of the Bill of Rights to state law | |||
** in- = into + corp = body + -tion (makes a noun) | |||
** = "put into the body" | |||
* the anti-Federalists (viz. Brutus) argued that the Constitution did not protect the rights of the citizens | |||
** thus the agreement was made that upon adoption of the Constitution it would be amended to include certain protections | |||
** the Bill of Rights (BOR) added these protections by limiting or prohibiting certain actions by the new federal government | |||
*** thus the language of the BOR, "''Congress shall make no law...''" or "...''shall not be violated''" | |||
** it was understood by all the Founders that, except for where explicitly stated in the Constitution regarding the states, the Constitution and its amendments applied to the federal and not to the state governments | |||
* following the Civil War, the Constitution was amended three times in order to | |||
*# abolish slavery (13th Amendment) | |||
*# provide to the former slaves citizenship and equal protection under the laws (14th Amendment) | |||
*## and also to make arrangements for re-entry of rebellious states back into the Union | |||
*# secure the vote of former male slaves (15th Amendment) | |||
* the Fourteenth amendment, then, explicitly applied to the federal and all state governments | |||
** given this national aspect, any case reviewed by the Courts regarding the 13-15th amendments was applicable to the states | |||
** it was through the 14th amendment's "due process" and "equal protection" clauses that, over time, the Courts applied other rights and protections from the BOR to the states, such as | |||
*** 1st amendment protections of speech | |||
*** 4th amendment protection of the rights of the accused (esp. search and seizure) | |||
*** 5th amendment due process protections (especially self-incrimination and due process) | |||
**** note that the 14th amendment "due process" clause explicitly repeats the 5th amendment language | |||
* thus Court cases that apply the BOR protections to state laws are called "incorporation cases" | |||
=== 14th Amendment "privileges or immunities," "due process" & "equal protection" clauses === | |||
No State shall make or enforce any law which shall abridge the '''privileges or immunities''' of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without '''due process of law'''; nor deny to any person within its jurisdiction the '''equal protection''' of the laws. | |||
==== '''privileges or immunities''' ==== | |||
* = protects the rights and protections of citizens | |||
** was intended to protect BOR protections (Amendments 1-8) from state law | |||
** however, the 1873 ''Slaughter-House Cases'' limited "privileges or immunities" to measures regarding U.S. (national) and not state citizenship | |||
*** the case upheld a New Orleans law that took control of the city's slaughterhouse (meat packing) industry | |||
*** the Court upheld the power of the city to enforce the public safety at the expense of the "privileges or immunities" of the litigants regarding their right to contract and property | |||
* Courts have subsequently relied on the "Due Process" and "Equal Protection" instead of "Privileges or Immunities" clauses | |||
** one concurring opinion (with the majority) in ''McDonald v. Chicago (''2010; regarding gun rights) invoked the 14th amendment Privileges or Immunities clause | |||
==== due process ==== | |||
* = the rules, procedures and processes required of the government when enforcing a law upon a citizen | |||
** these rules and processes include other BOR protections and are understood to apply to all government actions | |||
* due process violations occur when | |||
** property is searched without a warrant | |||
** a criminal is held without charges | |||
** a court fails to adequately notify someone of a proceeding | |||
* "due process" is also called "procedural law" | |||
===== substantive due process ===== | |||
* in Lochner era cases, the Courts developed a concept called "substantive due process" | |||
* whereas 5th and 14th Amendment "due process" regards "procedure" and "rules" | |||
** substantive due process: | |||
*** regards actual rights, generally those "unenumerated," or not listed in the BOR | |||
*** applies to any right or protection that is understood to be an inherent or fundamental right even if not specifically protected in law, such as | |||
**** an individual's right to movement | |||
**** economic liberties, such as the right to work or rights of contract | |||
**** (note that near the end of the Great Depression, the Court accepted more limits on economic liberties) | |||
* Warren era cases (1950s-1960s) employed "substantive due process" in creating "privacy" protections such as express in ''Roe v Wade'' (1973) | |||
==== equal protection ==== | |||
* = the laws shall be applied or enforced upon all people equally | |||
** i.e. without undue burdens (going hard on) or leniencies (going easy on) different classes of people (race, religion, location, etc.) | |||
* | |||
=== 14th Amendment "equal protection" clause === | |||
=== 14th Amendment incorporation cases === | === 14th Amendment incorporation cases === | ||
| Line 415: | Line 504: | ||
* Commonwealth v. Hunt (1842) | * Commonwealth v. Hunt (1842) | ||
* Cooper v. Aaron (1958, states cannot nullify federal Court rulings) | * Cooper v. Aaron (1958, states cannot nullify federal Court rulings) | ||
* Dartmouth College v. Woodward (1819) | * Dartmouth College v. Woodward (1819: no state shall make laws that impair (violate) contract) | ||
* District of Columbia v. Heller (2008: gun rights upheld) | * District of Columbia v. Heller (2008: gun rights upheld) | ||
* Dred Scott v. Sandford (1857) | * Dred Scott v. Sandford (1857) | ||
| Line 422: | Line 511: | ||
* Ex parte Endo (1944) | * Ex parte Endo (1944) | ||
* Ex parte Milligan (1866) | * Ex parte Milligan (1866) | ||
* Fletcher v. Peck (1810) | * Fletcher v. Peck (1810: 1st ruling to invalidate a state law; regarded contracts & property rights) | ||
* Furman v. Georgia (1972) | * Furman v. Georgia (1972) | ||
* Gibbons v. Ogden (1824: upheld federal interstate commerce / Commerce clause powers) | * Gibbons v. Ogden (1824: upheld federal interstate commerce / Commerce clause powers) | ||
| Line 459: | Line 548: | ||
* Obergefell v. Hodges (2015: same-sex marriage) | * Obergefell v. Hodges (2015: same-sex marriage) | ||
* Planned Parenthood v. Casey (1992) | * Planned Parenthood v. Casey (1992) | ||
* Plessy v. Ferguson (1896) | * Plessy v. Ferguson (1896: legalized segregation under "separate but equal" doctrine) | ||
* Pollock v. The Farmers' Loan and Trust Co. (1895) | * Pollock v. The Farmers' Loan and Trust Co. (1895) | ||
* Roe v. Wade (1973: right to privacy; abortion) | * Roe v. Wade (1973: right to privacy; abortion) | ||
| Line 478: | Line 567: | ||
* Wabash, St. Louis, and Pacific Railway Co. v. Illinois (1886) | * Wabash, St. Louis, and Pacific Railway Co. v. Illinois (1886) | ||
* West Virginia State Board of Education v. Barnette (1943) | * West Virginia State Board of Education v. Barnette (1943) | ||
* West Coast Hotel v. Parrish (1937) | * West Coast Hotel v. Parrish (1937: legalized minimum wage laws) | ||
* Zelma v. Simmons-Harris (2002, religion, school vouchers) | * Zelma v. Simmons-Harris (2002, religion, school vouchers) | ||
</div> | </div> | ||