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Landmark Supreme Court cases: Difference between revisions
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* while not directly related to other cases, Yoder has been used as a basis for the parental right to homeschool or find alternatives to traditional schooling for children | * while not directly related to other cases, Yoder has been used as a basis for the parental right to homeschool or find alternatives to traditional schooling for children | ||
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== Fourteenth Amendment "Incorporation Cases" == | == 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 | ||
** in- = into + corp = body + -tion (makes a noun) | ** in- = into + corp = body + -tion (makes a noun) | ||
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** Brown v. Board of Education (1954) applied the Equal Protection clause to eliminate racial segregation in public schools | ** Brown v. Board of Education (1954) applied the Equal Protection clause to eliminate racial segregation in public schools | ||
* for list of cases decided under the Equal Protection Clause, see [https://en.wikipedia.org/wiki/List_of_14th_amendment_cases List of 14th Amendment cases (wikipedia)] | * for list of cases decided under the Equal Protection Clause, see [https://en.wikipedia.org/wiki/List_of_14th_amendment_cases List of 14th Amendment cases (wikipedia)] | ||
== List of Court Doctrines & Tests == | == List of Court Doctrines & Tests == | ||
* a "doctrine" is a judicial ruling that services as precedent for other cases | * 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 | * "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 === | === Court Doctrines === | ||
* "One person one vote" standard (Baker v. Carr, 1961) | * "One person one vote" standard (Baker v. Carr, 1961) | ||
* Political Question doctrine | * Political Question doctrine | ||
* Strict scrutiny | * Strict scrutiny | ||
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=== Legal Tests & Rules === | === Legal Tests & Rules === | ||
* <u>clear and present danger</u> (Schenck v. US , 1919) | * <u>clear and present danger</u> (Schenck v. US , 1919) | ||
** speech that creates a "clear and present danger" may be prohibited by law | ** speech that creates a "clear and present danger" may be prohibited by law | ||
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* <u>Undue burden</u> standard | * <u>Undue burden</u> standard | ||
** a law must not create an "undue" (unnecessary) or overly burdensome or that is overly restrictive of fundamental rights | ** a law must not create an "undue" (unnecessary) or overly burdensome or that is overly restrictive of fundamental rights | ||
== Major "Courts" (Chief Justices) == | |||
=== Marshall Court, 1801-1835 === | |||
* under Chief Justice John Marshall | |||
* early Republic period | |||
* established judicial review and federal supremacy | |||
* protected contract and property rights from state encroachment | |||
=== Taney (Roger) === | |||
* prior to the Civil War, Taney defended slave states | |||
* most important decision: Dred Scott v. Sandford (1857) | |||
** which invalidated the Compromise of 1850 | |||
=== 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 "separate 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, Taft & Hughes & Vinson Courts === | |||
* Edward Douglass White, | |||
* William Howard Taft | |||
* Charles Evans Hughes | |||
* Vinso | |||
=== Warren Court === | |||
* Chief Justice Earl Warren, | |||
=== Burger Court === | |||
=== Rehnquist Court === | |||
=== Roberts Court === | |||
== Full list of Landmark Supreme Court cases == | == Full list of Landmark Supreme Court cases == | ||