4,620
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Landmark Supreme Court cases: Difference between revisions
→List of Fourteenth Amendment "Incorporation Cases"
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** anti- federal regulations | ** anti- federal regulations | ||
** pro-freedom of contract | ** pro-freedom of contract | ||
** legalized segregation (Plessy v. Furgeson, 1894) and created the " | ** legalized segregation (Plessy v. Furgeson, 1894) and created the "separate but equal" doctrine | ||
=== Lochner era === | === Lochner era === | ||
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=== Roberts === | === Roberts === | ||
== | == Fourteenth Amendment "Incorporation Cases" == | ||
* "Incorporation" refers to application of the rights and protections of the Bill of Rights to state law | * "Incorporation" refers to application of the rights and protections of the Bill of Rights to state law | ||
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* thus Court cases that apply the BOR protections to state laws are called "incorporation cases" | * 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. | 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 | * = protects the rights and protections of citizens | ||
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*** 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 | *** 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 | * Courts have subsequently relied on the "Due Process" and "Equal Protection" instead of "Privileges or Immunities" clauses | ||
** | ** Justice Thomas' concurring opinion (with the majority) in ''McDonald v. Chicago (''2010; regarding gun rights) invoked the 14th amendment Privileges or Immunities clause | ||
*** Judge Thomas argued that "substantive due process" is an invalid doctrine and that the Privileges or Immunities clause directly applies the Bill of Rights to state law | |||
**** thus the Court need not rely on "process" in the Due Process clause and instead apply Amendments 1-8 directly | |||
=== due process === | |||
* = the rules, procedures and processes required of the government when enforcing a law upon a citizen | * = the rules, procedures and processes required of the government when enforcing a law upon a citizen | ||
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* "due process" is also called "procedural law" | * "due process" is also called "procedural law" | ||
=== substantive due process === | |||
* in Lochner era cases, the Courts developed a concept called "substantive due process" | * in Lochner era cases, the Courts developed a concept called "substantive due process" | ||
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* Warren era cases (1950s-1960s) employed "substantive due process" in creating "privacy" protections such as express in ''Roe v Wade'' (1973) | * 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 | * = 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.) | ** i.e. without undue burdens (going hard on) or leniencies (going easy on) different classes of people (race, religion, location, etc.) | ||
* | * the clause deliberately applied Federal law over state law | ||
* the phrase "equal justice under law" is derived from Fourteenth Amendment language in the Equal Protection clause | |||
* both Brown v Board of Education (1954) ruling explicitly invoked the Equal Protection Clause | |||
* other important cases include: | |||
** [[wikipedia:Strauder_v._West_Virginia|Strauder v. West Virginia]] (1880), which ruled that exclusion of blacks from a jury violated the Equal Protection clause | |||
** Plessy v. Ferguson (1896), which allowed racial discrimination in public facilities so long as they were "separate but equal" | |||
*** in other words, even though Plessy legalized ''de jure'' segregation, the Court had to make that decision in terms of the 14th Amendment | |||
*** Judge Harlan's lone dissent affirmed strict Equal Protection by stating that the Constitution "is color-blind, and neither knows nor tolerates classes among citizens" | |||
** Brown v. Board of Education (1954) applied the Equal Protection clause to eliminate racial segregation in public schools | |||
=== 14th Amendment incorporation cases === | === 14th Amendment incorporation cases === | ||
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<div style="column-count:3"> | <div style="column-count:3"> | ||
* Abington School District v. Schempp (1963: religion in schools) | * Abington School District v. Schempp (1963: religion in schools) | ||
* Baker v. Carr (1962, | * Baker v. Carr (1962, redistricting; "One person one vote" standard) | ||
* Bakke v. Regents of the University of California (1978) | * Bakke v. Regents of the University of California (1978: limited affirmative action / racial preferences in college admissions) | ||
* Bob Jones University v. US (1983) | * Bob Jones University v. US (1983) | ||
* Boy Scouts of America v. Dale (2000: freedom of association; banned laws forcing inclusion in a private group; homosexuality) | * Boy Scouts of America v. Dale (2000: freedom of association; banned laws forcing inclusion in a private group; homosexuality) | ||
* Bowers v. Hardwick (1986: privacy, homosexuality) | * Bowers v. Hardwick (1986: privacy, homosexuality) | ||
* Brown v. Board of Education (1954, equal protection, overturned | * Brown v. Board of Education (1954, equal protection, overturned Plessy) | ||
* Buckley v. Valeo (1976) | * Buckley v. Valeo (1976) | ||
* Bush v. Gore (2000: presidential election) | * Bush v. Gore (2000: presidential election) | ||
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* Cherokee Nation v. Georgia (1831) | * Cherokee Nation v. Georgia (1831) | ||
* Citizens United v. Federal Election Commission (2010: campaign finance) | * Citizens United v. Federal Election Commission (2010: campaign finance) | ||
* Civil Rights Cases of 1883 | * Civil Rights Cases of 1883 (five cases; the Court ruled that the 13th and 14th Amendments did not outlaw racial discrimination by private individuals) | ||
* Clinton v. City of New York (1998) | * Clinton v. City of New York (1998) | ||
* Clinton v. Jones (1997) | * Clinton v. Jones (1997) | ||
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* Hamdi v. Rumsfield (2004) | * Hamdi v. Rumsfield (2004) | ||
* Hazelwood v. Kuhlmeier (1983: speech; upheld limits on student publications) | * Hazelwood v. Kuhlmeier (1983: speech; upheld limits on student publications) | ||
* Heart of Atlanta v. US (1964) | * Heart of Atlanta v. US (1964: court ruled that the Commerce Clause gave Congress the power to prohibit racial discrimination in "public accommodations", i.e. businesses open to the public) | ||
* Jones v. Alfred H. Mayer Co. (1968: prohibited racial discrimination in land sales or rental based on the 13th Amendment) | |||
* Kelo v. City of New London (2005) | * Kelo v. City of New London (2005) | ||
* Korematsu v. United States (1944) | * Korematsu v. United States (1944) | ||