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Landmark Supreme Court cases: Difference between revisions
Landmark Supreme Court cases (view source)
Revision as of 20:47, 15 December 2022
, 15 December 2022→Other Court Cases commonly assigned by AP US Government teachers
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* Miller v. Johnson (1995: addressed racial gerrymandering that had created a "geographic monstrosity" in order to have a black-majority of voters) | * [[wikipedia:Miller_v._Johnson|Miller v. Johnson]] (1995: addressed racial gerrymandering that had created a "geographic monstrosity" in order to have a black-majority of voters) | ||
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=== Ex parte Milligan === | === Ex parte Milligan === | ||
|1866 | |1866 | ||
| | |Chase | ||
|n/a | |n/a | ||
|''Can a military court try a citizen?'' | |''Can a military court try a citizen?''- prohibited use of military tribunals when civilian courts are available | ||
| | |''habeas corpus''(note that "ex parte" means "on behalf of", thus for a court in which a party to a suit is absent or not notified) | ||
| | | - During the Civil War, the Lincoln administration tried northern dissenters in military courts | ||
- Decision: "marial rule can never exist when the courts are open" and martial law operates only under "military operations, where war really prevails" | |||
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* [[wikipedia:Ex_parte_Merryman|Ex parte Merryman]] (1861 regarding suspemsion of habeas corpus) | |||
* [[wikipedia:Ex_parte_Quirin|Ex parte Quirin]] (1942 regarding military trial of German spies in the U.S.) | |||
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|Warren | |Warren | ||
|n/a | |n/a | ||
| | |''Can a public accommodation (a business or other publicly available service) discriminate by race?''- racial discrimination | ||
- upheld Title II of the Civil Rights Act of 1964 | |||
|Commerce clause | |Commerce clause | ||
equal protection | equal protection | ||
|( | | - prior desegregation cases focused on public facilities (buses, school), but this case involved a private entity, a motel. However, since a motel is a "public accommodation," i.e. open to the public, the Court upheld the terms of the Civil Rights Act of 1964 that prohibited discrimination based on race, religion or national origin. | ||
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* ''[[wikipedia:Katzenbach_v._McClung|Katzenbach v. McClung]] (1964; upheld federal laws prohibiting racial discrimination in restraurants'' | |||
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|Burger | |Burger | ||
|n/a | |n/a | ||
- this case was overturned in 2022 by [[wikipedia:Kennedy_v._Bremerton_School_District|Kennedy v. Bremerton School District]]) and so is no longer U.S. law and not on the AP US Gov test) | |||
|''Can a state fund teach pay for religious schools?'' | |''Can a state fund teach pay for religious schools?'' | ||
- government entanglement with religion | - government entanglement with religion | ||
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|Establishment clause | |Establishment clause | ||
(1st amendment) | (1st amendment) | ||
| | | - consolidated with a Rhode Island case that similarly tested validity of state compensation for religious school teachers | ||
- the "Lemon Test" resulted from this case, although ''Kennedy'' (2022) instructed lower courts to ignore the Lemon Test standard. | |||
- the Lemon Test proposed a "standard" for measuring legislative violation of the Establishment clause , including that the law must | |||
# have a secular purpose | |||
# neither advance nor inhibit religion | |||
# not create "excessive government entanglement" with religion, as measured by 1. nature and purpose of the institution; 2) nature of the state aid; 3) resulting relationship between the government and the religious institution | |||
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|Burger | |Burger | ||
|n/a | |n/a | ||
(removed from the AP Gov Test in 2022 due to '' | - this case was overturned by ''[[wikipedia:Dobbs_v._Jackson_Women's_Health_Organization|Dobbs v. Jackson Women's Health Organization]] (2022)'' and thus removed from the AP Gov Test in 2022 due to ''Dobbs'' decision) | ||
| - right to privacy | | - right to privacy | ||
- right to abortion | - right to abortion | ||