Engel v Vitale 1962 no school sponsored prayer

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 • Engel v. Vitale – (1962) no school sponsored prayer due to establishment

• Engel v. Vitale – (1962) no school sponsored prayer due to establishment clause • Lemon v. Kurtzman – (1971) Created 3 prong test to determine if

 • Schenck v. US – (1919) speech that posed a “clear & present

• Schenck v. US – (1919) speech that posed a “clear & present danger” (inciting people to ignore draft) could be punished • Tinker v. Des Moines - (1969) students allowed to wear armbands in school to protest Vietnam…”civil liberties do not end at the school house door. ” • Texas v. Johnson – (1989) legal to

 • New York Times v. U. S. – (1971) Pentagon Papers: ok to

• New York Times v. U. S. – (1971) Pentagon Papers: ok to publish details of how we got into Vietnam…govt has no power of prior restraint • Miller v. California - (1973) material is obscene if: a) avg. person would find it offensive; b) it depicts sexual conduct in a “patently offensive way” - defer to State laws on this part; c)

 • Mapp v. Ohio – (1961) Exclusionary rule applies in state cases &

• Mapp v. Ohio – (1961) Exclusionary rule applies in state cases & protects against unreasonable searches & seizures • New Jersey v. T. L. O. – (1985) standard to search you in school is

 • Escobedo v. Illinois - (1964) 6 th amendment gives you right to

• Escobedo v. Illinois - (1964) 6 th amendment gives you right to an attorney when being questioned. Escobedo had been asking to see attorney, but was denied. • Miranda v. Arizona – (1966) 5 th amendment rights when detained: you have the right to remain silent; right to attorney and anything said can be used at trial. If detained and

 • Betts v. Brady – (1942) States are only required to provide an

• Betts v. Brady – (1942) States are only required to provide an attorney in capital cases, or when unusual circumstances arise. • Gideon v. Wainwright – (1963) All accused have the right to an attorney, even if you can not pay for

 • Furman v. Georgia – (1972) Death penalty is not constitutional. Juries were

• Furman v. Georgia – (1972) Death penalty is not constitutional. Juries were not given enough guidelines on when to impose death penalty…it was being imposed arbitrarily • Gregg v. Georgia – (1976) Death penalty is legal. Law changed so juries got

 • Roe v. Wade – (1973) right to privacy & 14 th amendment

• Roe v. Wade – (1973) right to privacy & 14 th amendment gives due process for women to make their own medical decisions • Korematsu v. U. S. – (1944) US could intern Japanese. Americans in time of war because national

 • Dred Scott v. Sandford – (1857) slaves were not citizens and had

• Dred Scott v. Sandford – (1857) slaves were not citizens and had no Constitutional rights (pre-14 th Amendment) • Plessy v. Ferguson - (1896) found that discrimination based upon race (segregation) was legal, as long as the separate accommodations were equal. • Brown v. Board of Education - (1954)Ended racial

 • Regents of the University of California v. Bakke – (1978) race CAN

• Regents of the University of California v. Bakke – (1978) race CAN be a factor in determining admissions into a university • Obergefell v. Hodges – (2015) the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and

 • Mc. Culloch v. Maryland – (1819) Congress can do more than is

• Mc. Culloch v. Maryland – (1819) Congress can do more than is expressed in the Constitution b/c of the elastic clause. Maryland was out of line taxing a US bank. Interstate commerce is left up to Congress alone • Gibbons v. Ogden – (1824) only Congress has the power to regulate inter-state commerce…states can only

 • U. S. v. Nixon – (1974) following Watergate, found that the president

• U. S. v. Nixon – (1974) following Watergate, found that the president does not have the power of “executive privilege” to keep things secret if the nation's interests are above those of the president's need for privacy