Court Cases: AP US Government

Upheld the notion of “separate but equal”. This set the precedent for the Jim Crow laws to become standard in the southern states. Stated that although they were separate, but as long as the treatment was equal quality, it was within the bounds of the 14th amendment.

Established the “clear and present danger” test for limiting free speech which means that free speech rights are not absolute and can be restricted when the speech poses a clear and present danger to the nation’s security.

This decision set the precedent that the bill of rights also applies to the States. Freedom of speech applied to the states but it did not allow for Gitlow to directly advocate for the overthrow of the government.

Set the precedent that it is reasonable to take action against people of a specific race or ethnicity in times of war. This was overturned in 2018.

Struct down the “separate but equal” precedent set in Plessy v. Ferguson since there was a tangible and noticeable difference in the treatment of the races. Allowed a black student to attend an all-white school.

The 4th amendment, and by extension, the exclusionary law protected individuals from illegally acquired evidence. This clarified what kind of evidence could be used in courts and protected citizens from evidence that was acquired in an illegal manner.

Established the right of federal courts to review redistricting issues, which was previously been termed “political questions” outside the courts’ jurisdiction. Apportionment cases are justiciable (i.e. the federal courts have the right to intervene in such cases)

Sets separation of church and state precedent. Established that any government-sponsored public school religious efforts were unconstitutional under the establishment clause. Stops mandatory prayers in schools, etc.

The sixth and fourteenth amendments guarantee a right of legal counsel to anyone accused of a crime. This prevents discrimination based on economic classes by state governments.

Established that there is a constitutional right to privacy that extends to marital relationships; recognized that certain personal decisions, including contraception, are protected from government intrusion, even though it is not explicitly mentioned in the constitution.

This case changed the process of how prisoners are arrested in the United States by establishing a precedent of directly informing detainees of the rights they possess as soon as they get arrested.

Students have a right to free speech in schools as long as it isn’t clearly disruptive. Set a “tinker test” which basically determines if school officials are justified in restricting free speech at school. Affirmed that symbolic speech is protected under the 1st amendment.

Set the precedent that limits all the power of the government to use prior restriction on the press. Reinforced the right to freedom of the press. Because of this case, there is also a “heavy presumption against prior restraint”, meaning that any case that involves prior restriction is more likely to be found unconstitutional.

Three tests are described for deciding whether the government is improperly involved with religion. As of 2022, this test is no longer widely used. This was because people were protesting that their tax dollars be used to fund religious private schools.

Legalized abortion, guaranteeing access from the federal government.

Overturned Roe v. Wade, allowing states to decide their laws on abortion, and abortion is not guaranteed.

Precedent set so that parents could educate their children outside of public and private schools. Religious interests of an individual are prioritized over compulsory education in a state.

Limits presidential power in terms of executive privilege. Affirms that no one, not even the president, is above the law. This played a pivotal role in Watergate scandal.

The court held that punishment of death does not violate the eighth or fourteenth amendment under all circumstances. Sets precedent that the death penalty legal.

States do not have a constitutional right to use race as a factor in its university admissions.

The fourth amendment’s prohibition on unreasonable searches and seizures is not limited solely to the actions of law enforcement personnel.

Schools have a right to censor newspaper articles if they are inappropriate and had educational reasons for doing so.

Flag desecration constitutes symbolic speech that protected under the first amendment. The government cannot restrict speech or expressive conduct simply because it disapproves the message that is being communicated.

Racial gerrymandering is unconstitutional.

Gun Free School Zones Act exceeded Congress’ authority to regulate interstate commerce. Allowed states to choose whether they allowed people within a school zone to have guns.

The government can take property from someone for “public use” (eminent domain)

Corporations have a first amendment right to expressly support political candidates for Congress and the White House.

Made it possible for people to possess firearms under the second amendment. Incorporated the right to bear arms to the states.

Prohibits states from denying same-sex couples the right to marry. Gave same-sex couples the same constitutional rights has other couples have.

Established the principle of judicial review—the power of the federal courts to declare legislative and executive acts unconstitutional.

Congress had the power to establish a national bank and states did not have the power to tax branches of the federal government that are carrying out powers legal in the Constitution.

States only have the authority to regulate commerce that takes place within its own borders. Any commercial relations between states were under the authority of the federal government and its laws.

Enslaved people were not citizens of the United States and, therefore, could not expect any protection from the federal government or the courts.