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- Political Question doctrine | - Political Question doctrine | ||
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* Equal protection | * Equal protection clause (14th amendment) | ||
* Judicial review | * Judicial review | ||
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|Warren | |Warren | ||
|equal protection | |equal protection | ||
|Equal protection | |Equal protection clause (14th amendment) | ||
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* unanimous ruling held that segregated schools were "inherently unequal" and thus violated the 14th amendment's equal protection clause regarding public school segregation | * unanimous ruling held that segregated schools were "inherently unequal" and thus violated the 14th amendment's equal protection clause regarding public school segregation | ||
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* subsequent cases also addressed ''de facto'' (in fact or practice) segregation | * subsequent cases also addressed ''de facto'' (in fact or practice) segregation | ||
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* [[wikipedia:Cooper_v._Aaron|Cooper v. Aaron]] (1958: affirmed Brown and enforced desegregation) | |||
* [[wikipedia:Swann_v._Charlotte-Mecklenburg_Board_of_Education|Swann v. Charlotte-Mecklenburg Board of Education]] (1971: busing to promote racial integration in schools) | * [[wikipedia:Swann_v._Charlotte-Mecklenburg_Board_of_Education|Swann v. Charlotte-Mecklenburg Board of Education]] (1971: busing to promote racial integration in schools) | ||
* [[wikipedia:Milliken_v._Bradley|Milliken v. Bradley]] (1974: "busing"; distinguished between ''de jure'' and ''de facto'' segregation) | * [[wikipedia:Milliken_v._Bradley|Milliken v. Bradley]] (1974: "busing"; distinguished between ''de jure'' and ''de facto'' segregation) | ||
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|'''Citizens United v. Federal Election Commission''' | |||
|2010 | |||
|Roberts | |||
|campaign finance law | |||
|Free speech clause (1st amendment) | |||
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* held that "political spending" by organizations is protected speech | |||
* the case regarded advertising of a movie during a primary election season that was critical of Hillary Clinton and that violated a 2002 law, Bipartisan Campaign Reform Act that prohibited "electioneering communication" by corporations, non-profits or unions withing 30 days of a primary or 60 days of an election; the law was invalidated by the case | |||
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* [[wikipedia:McCutcheon_v._FEC|McCutcheon v. FEC]] (2014: expanded campaign finance limits but did not end them) | |||
|- | |||
|'''Engel v. Vitale''' | |||
|1962 | |||
|Warren | |||
| - prayer in public school | |||
- "separation of Church and State" doctrine | |||
|Establishment clause (1st amendment) | |||
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* ruled that official public school prayer (i.e., school-sponsored) violated the 1st amendment prohibition of government sponsored religion | |||
* the ruling affirmed the "wall of separation between Church and State," which is from a published letter by President Thomas Jefferson in 1802 | |||
* dissent: | |||
** Justice Stewart's argued that the Establishment clause prohibited creation of a state- (government) sponsored church and not the non-mandatory practice of religion within a public school | |||
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* [[wikipedia:Abington_School_District_v._Schempp|Abington School District v. Schempp]] (1963: banned public school-sponsored Bible reading) | |||
* [[wikipedia:Wallace_v._Jaffree|Wallace v. Jaffree]] (1985: banned school-sponsored prayer but allowed for school-sponsored moment of silence for individual meditation) | |||
|- | |||
|'''Gideon v. Wainwright''' | |||
|1963 | |||
|Warren | |||
| - public counsel | |||
- incorporation case | |||
|Right to counsel (6th amendment) | |||
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* Gideon requested but was denied a public attorney (Florida only allowed it for capital offenses) | |||
* the unanimous decision held that | |||
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* [[wikipedia:Powell_v._Alabama|Powell v. Alabama]] (1932: required state-sponsored counsel in capital crimes; it importantly incorporated the 6th amendment right via the 14th amendment's "due process" clause) | |||
for similar cases regarding criminal protections: | |||
* [[wikipedia:Massiah_v._United_States|Massiah v. United States]] (1964: prohibited use of statements by criminals who had counsel without that attorney present) | |||
* [[wikipedia:Miranda_v._Arizona|Miranda v. Arizona]] (1966: self-incrimination protections; incorporation of 5th amendment; see also [[wikipedia:Berghuis_v._Thompkins|Berghuis v. Thompkins]] 2010) | |||
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