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| Supreme Court unanimously ruled that state courts are required under the Sixth and Fourteenth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys or lawyers. 1963. Overturned Betts v. Brady. Warren Court. |
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| 1925. Affirmed freedom of Speech, 14th Amendment. Ruling: Section One of the 14th amendment prohibits any state from depriving "any person of life, liberty, or property, without due process of law." Specifically, in its decision the Court stated that "For present purposes we may and do assume that" the rights of freedom of speech and freedom of the press were "among the fundamental personal rights and 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the states" Taft Court. Vote: 7-2 |
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| 1965, Warren Court. In 7-2 vote, the Court ruled that the Constituion protected the right of privacy and that CT did not have the right to prohibit contraceptives because it 'violated the right to marital privacy'. Justice William O. Douglas wrote for the majority that the right to privacy was to be found in the "penumbras" and "emanations" of other constitutional protections. Justice Arthur Goldberg wrote a concurring opinion in which he used the Ninth Amendment to defend the Supreme Court's ruling. Justice John Marshall Harlan II wrote a concurring opinion in which he argued that privacy is protected by the due process clause of the Fourteenth Amendment. |
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| Hazelwood School District v. Kuhlmeier |
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| 1988, Rehnquist Court. Situation: a school newspaper tried to publish a story about teenage pregnancy and the administration didn't allow it. The students argued that this violated their freedom of speech first amendment rights. Holding: the Court held that their first amendment rights were not violated; that there is a lower level of first amendment protection in school sponsored newspapers. |
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| Heart of Atlanta Motel v. US |
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| 1964, Warren Court. Commerce clause affirmed to fight against discrimination. Case: Heart of Atlanta Motel refused to rent rooms to blacks, in direct violation of the Civil Rights Act of 1964. The Court decided that Congress is not violating Heart of Atlanta Motel's rights in forcing him to rent rooms to blacks. |
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| Immigration and Naturalization Service v. Chadha, 1983, Burger Court. In one section of the Immigration and Nationality Act, Congress authorized either House of Congress to invalidate and suspend deportation rulings of the United States Attorney General. Chadha had stayed in the U.S. past his visa deadline and was ordered to leave the country. The House of Representatives suspended the Immigration judge's deportation ruling.This legislative ruling violated the Constitutional separation of powers. (Congress cannot undo what the executive branch has done). Court decided that the Congressional veto violated separation of powers. |
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| 1944, Stone Court. Korematsu was detained in a detention center for those of Japanese descent during WWII and he claimed that it violated his rights. The Court decided that the exclusion order of the executive branch was Constitutional and that the general need for security and protection from espionage overruled the Japanese' rights. |
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1971, Burger Court. In Pennsylvania, a statute provided financial support for teacher salaries, textbooks, and instructional materials for secular subjects to non-public, mainly Catholic, schools. The Rhode Island statute provided direct supplemental salary payments to teachers in non-public elementary schools. Each statute made aid available to "church-related educational institutions." Did this violate the establishment clause of the first amendment? The Court ruled that this did violate the establishment clause of the first amendment. Lemon test: 1. The government's action must have a secular legislative purpose;
2. The government's action must not have the primary effect of either advancing or inhibiting religion;
3. The government's action must not result in an "excessive government entanglement" with religion. |
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| 1961, Warren Court. Dolree Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home. Were the confiscated materials protected by the First Amendment? (May evidence obtained through a search in violation of the Fourth Amendment be admitted in a state criminal proceeding?)"all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court." This created the exclusionary rule (illegally obtained evidence is rejected) |
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| 1801, Jay Court. John Adams, before leaving office, made several appointments to the courts, but the incoming Secretary of State, James Madison, refused to confirm the appointed Judges. Marbury sued Madison, and the Court declared that Adam's actions were "unconstitutional" - this being the first time the Court ever declared this. Established judicial review as another check for governmental powers. |
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| 1819, Marshall Court. Maryland tried to tax a government bank - is this lawful? Court decides that under the necessary and proper clause, this is not lawful. Case establishes that Congress can interpret the Constitution to use implied powers and that States cannot override Congress' Constitutional authority. |
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| 1973, Burger Court. Where does freedom of speech end and obscenity begin, first amendment? The decision reiterated that obscenity was not protected by the First Amendment and established the Miller test for determining what constituted obscene material. Miller was the owner of an 'adult' material mailing based company, who advertised his products by sending unsolicited brochures. Someone opened it in front of their young son and complained to police. The California Supreme Court punished this man with a misdemeanor for the intentional distribution of obscene materials. Miller Test: obscenity's "dominant theme taken as a whole appeals to the prurient interest" to the "average person, applying contemporary community standards." |
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| 1966, Warren Court. Court's holding: evidence in court can only be used if the defendant understood his right to have an attorney present during questioning. Fifth Amendment self-incrimination clause and Sixth Amendment right to an attorney. Vote: 5-4 |
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