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Landmark Supreme Court cases: Difference between revisions
→List of Fourteenth Amendment "Incorporation Cases"
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* Marshall quoted Federalist No. 78 by Hamilton, "''... that an act of the legislature, repugnant to the constitution, is void''."<ref>Note that Hamilton did not envision Judicial review, instead arguing that the Congress must avoid unconstitutional unto itself.</ref> | * Marshall quoted Federalist No. 78 by Hamilton, "''... that an act of the legislature, repugnant to the constitution, is void''."<ref>Note that Hamilton did not envision Judicial review, instead arguing that the Congress must avoid unconstitutional unto itself.</ref> | ||
* note that Marshall's appointment to the Court as Chief Justice was one of Adams' final appointments after having lost the election of 1800 | |||
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* [[wikipedia:Hylton_v._United_States|Hylton v. United States]] (1796)<ref>In this case the Court upheld a challenge to a law's constitutionality, in that a tax on carriages did not violate the Constitution. ''Marbury'' was not decided on this precedent, however, Chief Justice Roberts cited ''Hylton'' in ''National Federation of Independent Business v. Sebelius'' (2012)</ref> | * [[wikipedia:Hylton_v._United_States|Hylton v. United States]] (1796)<ref>In this case the Court upheld a challenge to a law's constitutionality, in that a tax on carriages did not violate the Constitution. ''Marbury'' was not decided on this precedent, however, Chief Justice Roberts cited ''Hylton'' in ''National Federation of Independent Business v. Sebelius'' (2012)</ref> | ||
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<nowiki>- incorporation case</nowiki> | <nowiki>- incorporation case</nowiki> | ||
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* Second amendment | * Second amendment right to bear arms | ||
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* in District of Columbia v. Heller (2008) the Court affirmed the 2nd amendment right to "keep and bear arms" as an individual right by declaring a gun control law of the District of Columbia (DC) law unconstitutional. | * in District of Columbia v. Heller (2008) the Court affirmed the 2nd amendment right to "keep and bear arms" as an individual right by declaring a gun control law of the District of Columbia (DC) law unconstitutional. | ||
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|New York Times v. United States | |||
|1971 | |||
|Burger | |||
|freedom of the press | |||
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* Freedom of the press (1st amendment) | |||
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* the New York Times (NYT) newspaper published the leaked "Pentagon Papers," which were secret reports by the Pentagon regarding the U.S. intervention in Vietnam; the government fought to stop their publication based on national security grounds and that the possession of them by the NYT was illegal, as the documents were | |||
* the Court ruled that the government's need to keep certain secrets (i.e., classified information) was subordinate to constitutional protections of the press, even if those secrets were unlawfully released (leaked) | |||
* the ruling stated that when balanced against the freedom of the press, the government "carries a heavy burden of showing justification for the imposition of such a restraint." | |||
* the Court created a standard for testing the importance of keeping state secrets to the "grave and irreparable danger" standard | |||
* other issues include, ''censorship, prior restraint, injunction'' | |||
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|Roe v. Wade | |||
|1973 | |||
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|Schenck v. United States | |||
|1919 | |||
|Hughes | |||
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|Shaw v. Reno | |||
|1993 | |||
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|Tinker v. Des Moines | |||
|1969 | |||
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|United States v. Lopez | |||
|1995 | |||
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|Wisconsin v. Yoder | |||
|1972 | |||
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== Major "Courts" (Chief Justices) == | |||
=== Marshall (John), 1801-1835 === | |||
* early Republic period | |||
* established judicial review and federal supremacy | |||
=== Taney (Roger) === | |||
* prior to the Civil War, Taney defended slave states | |||
* most important decision: Dred Scott v. Sandford (1857) | |||
=== Fuller (Melville) === | |||
=== White (Edward Douglass) === | |||
=== Taft (William Howard) === | |||
=== Hughes (Charles Evans) === | |||
=== Vinson === | |||
=== Warren (Earl) === | |||
=== Burger === | |||
=== Rhenquist === | |||
=== Roberts === | |||
== List of Fourteenth Amendment "Incorporation Cases" == | == List of Fourteenth Amendment "Incorporation Cases" == | ||
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* Duncan v. Louisiana (1968) created the | * Duncan v. Louisiana (1968) created the | ||
== List of Court Doctrines & Tests == | |||
* a "doctrine" is a judicial ruling that services as precedent for other cases | |||
* "legal test" is a standard that a court may develop in a ruling that is used to decide if a case or action fits in or not to a certain legal category or type of case | |||
=== Court Doctrines === | |||
=== Legal Tests & Rules === | |||
* "Grave and probable danger" rule (Dennis v. US, 1951) updated to "Grave and irreparable danger standard "(NY Times v. US, 1971) | |||
== Full list of Landmark Supreme Court cases == | == Full list of Landmark Supreme Court cases == | ||