POLS Chapter 11: Court Cases
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Decided that the death penalty was illegal for minors because of scientific research on brain development, international opinion and the decisions of state legislators. (Violates 8th amendment: Cruel and unusual punishment)
Roper vs. Simmons
Court rebuffed the Bush's administration position on having the authority to try enemy combatants by military commissions rather than in civilian courts, could ignore the Geneva Conventions (the accused has the right to see and hear evidence for alleged crimes)
Hamdan v. Rumsfeld
Guantanamo Bay detainees have the right to pursue habeus review, the court struck down as unconstitutional the section of military commissions act barring the federal courts from hearing enemy combatants habeus corpus petitions.
Boumediene v. Bush
When fundamental liberties are at stake, (i.e. freedom of speech and of the press) are at stake,k the due process clause of the 14th amendment prohibits the state from infringing on those liberties. [Changed balance of federalism, first time constitution was interpreted to protect freedom of speech from state)
Gitlow v. New York
Has the right to bear arm, state restrictions on handguns and other arms are subject to strict constitutional review. States have to abide by 2nd amendment, can have their own handgun restrictions.
McDonald v. Chicago
Allow government funds to reimburse parents for transporting children to private religious schools.
Everson v. Board of Educations of Ewing Townsip (1947)
To pass constitutional muster a law must:
-have a secular legislative purpose
-neither advance nor inhibit religion:
-avoid "excess government entanglement with religion"
Lemon v. Kurtzman
Determined the government does not always need to show an interest if it's laws infringe on religious exercise. As long as it does not single our and ban religious practices.
Employment Division v. Smith
Neither public officials nor public figures can collect damages form comments made about them unless they were made with actual malice. Nor can they collect damages even when subject to outrages, clearly inaccurate parody's.
New York Times v. Sullivan
Established constitutional definition of obscenity:
-The work takes a prurient interest in sex
-The work depicts or describe sexual conduct. (legislator must define in law each obscene act)
-The work lacks serious literary artistic, political, of scientific value.
Miller vs. California
Struck down law forbidding advertising the price of drinks. The states may forbid and punish only false and misleading advertisements, along with promoting anything illegal.
44 Liquormart Inc v. Rhode Island (1966)
The court struct down provisions that made it a crime to send obscene or indecent messages to anyone under the age of 18.
Reno v. American Civil Liberties Unit
"Public use" was not limited to eminent domain to build a road or a bridge but includes "promoting economic development". People can receive compensation for their own, only based on their price value, not emotional value.
Kelo v. City of New London
Supreme court pulled together elements from different amendments to recognize that personal privacy is a right the constitution protects. The right has three aspects:
-right to be free from governmental surveillance and intrusion
-right not to have the government make private affairs public
-the right to be free in thought and belief from governmental regulations.
Griswold v. Connecticut
Right to privacy extends to a woman's decision to terminate her pregnancy. Must follow:
-during the first trimester she can have an abortion
-during the second trimester, depends on circumstances
-during the third trimester, no abortion.
Roe v. Wade
Upheld Roe v. Wade. States can decide when it's okay to have an abortion, threw out the trimester framework.
Planned Parenthood v. Casey
The Court struck down Nebraska's ban on partial birth abortions because it completly forbade one kind of medical procedure and provided no exception for when a woman's health is at stake.
Stenberg v. Carhart
The court refused to declare unconstitutional a Georgia law making consensual sodomy a crime.
Bowers v. Hardwick
Struck down Texas law making sodomy a crime.
Lawrence v. Texas
Police have the right to perform a stop and frisk when they believe someone is armed.
Terry v. Ohio
Illegibly obtained evidence is barred from being used in court.
Mapp V. Ohio
Evidence in trial cannot be used if obtained before notifying the suspects that they have a right to remain silent.. etc. "Miranda Rights"
Miranda v. Arizona (1996)
Reaffirmed "Miranda Rights"
Dickerson v. United States
In California, committing three felonies allows a 25-to-life sentence.
Ewing v. California
No person shall be subject for the same offence twice.
Death could not be used when the defendant was convicted of child rape in which a death did not result.
Kennedy v. Lousiana
The constitutional protections of all persons against governmental restrictions on the freedoms of conscience, religion and expressions.
The constitutional rights of all persons to due process and the equal protection of the laws: the constitutional right not to be discriminated against by governments because of race, ethnic background, religion or gender.
The right to welfare benefits or to have a drivers license.
Court order directing any official holding a person in custody to produce the prisoner and explain why they are being held.
Writ of habeas cropus.
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