What constitutional amendment did Harper v. Virginia State Board of Elections and Everson v. Board of Education apply
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Harper v. Virginia State Board of Elections Harper v. Virginia Board of Elections, 383 U.S. 663 (1966) , was a case in which the U.S. Supreme Court found that Virginia's poll tax was unconstitutional under the equal protection clause of the 14th Amendment. In the late 19th and early 20th centuries, eleven southern states established poll taxes as part of their disenfranchisement of most blacks and many poor whites. The Twenty-fourth Amendment to the United States Constitution (1964) prohibited poll taxes in federal elections; five states continued to require poll taxes for voters in state elections. By this ruling, the Supreme Court banned the use of poll taxes in state elections.
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Everson v. Board of Education Everson v. Board of Education, 330 U.S. 1 (1947) was a landmark decision of the United States Supreme Court which applied the Establishment Clause in the country's Bill of Rights to State law. Prior to this decision the First Amendment words, "Congress shall make no law respecting an establishment of religion" imposed limits only on the federal government, while many states continued to grant certain religious denominations legislative or effective privileges. This was the first Supreme Court case incorporating the Establishment Clause of the First Amendment as binding upon the states through the Due Process Clause of the Fourteenth Amendment. The decision in "Everson" marked a turning point in the interpretation and application of disestablishment law in the modern era.
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Pollock v. Farmers' Loan &amp; Trust Co. Pollock v. Farmers' Loan & Trust Company, 157 U.S. 429 (1895) , "affirmed on rehearing", 158 U.S. 601 (1895) , with a ruling of 5–4, was a landmark case in which the Supreme Court of the United States ruled that the unapportioned income taxes on interest, dividends and rents imposed by the Income Tax Act of 1894 were, in effect, direct taxes, and were unconstitutional because they violated the provision that direct taxes be apportioned. The decision was superseded in 1913 by the Sixteenth Amendment to the United States Constitution. A separate holding regarding the taxation of interest income on certain bonds was overruled by the Supreme Court in 1988 in the case of "South Carolina v. Baker".
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Goss v. Lopez Goss v. Lopez, 419 U.S. 565 (1975) was a US Supreme Court case. It held that a public school must conduct a hearing before subjecting a student to suspension. Also, a suspension without a hearing violates the Due Process Clause of the Fourteenth Amendment of the US Constitution.
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Incorporation of the Bill of Rights Incorporation, in U.S. law, is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. When it was first ratified, the Bill of Rights only protected the rights it enumerated from federal infringement, allowing states and local governments to abridge them. However, beginning in 1897 with "Chicago, Burlington and Quincy Railroad v. City of Chicago", various portions have been held to be incorporated against state and local government through the Fourteenth Amendment.
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Board of Education v. Walters Board of Education v. Walters was a 1979 Ohio Supreme Court case relating to the funding of primary and secondary schools in Ohio. The Court ruled that the method of funding public schools at the time was constitutional despite disparities in per-pupil education spending between different districts. Article VI of the Ohio Constitution states that the state must provide an "adequate system of public schools." The ruling overturned a previous trial court ruling that the State's school-funding system violated the Constitution of Ohio's requirement of providing a thorough and efficient system of public education. "Board of Education v. Walters" is one of the cases that played a role leading to "DeRolph v. State of Ohio" in 1997, which found the model of funding for public schools in Ohio to be unconstitutional.
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Virginia ballot measures, 1990 The 1990 Virginia State Elections took place on Election Day, November 5, 1990, the same day as the U.S. Senate and U.S. House elections in the state. The only statewide elections on the ballot were four constitutional referendums to amend the Virginia State Constitution. Because Virginia state elections are held on off-years, no statewide officers or state legislative elections were held. All referendums were referred to the voters by the Virginia General Assembly.
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Censorship in the United States In general, censorship in the United States, which involves the suppression of speech or public communication, raises issues of freedom of speech, which is protected by the First Amendment to the United States Constitution. This freedom, though fundamental, has been accompanied with controversy since its enshrinement. For instance, restraints increased during periods of widespread anti-communist sentiment, as exemplified by the hearings of the House Committee on Un-American Activities. According to "Miller v. California" (1973), the U.S. Supreme Court found that the First Amendment's freedom of speech does not apply to obscenity, which can, therefore, legally be censored. While it is legal to express certain forms of hate speech so long as one does not engage in the acts being discussed, or urge others to commit illegal acts, more severe forms have led to people or groups (such as the Ku Klux Klan) being denied certain marching permits or the Westboro Baptist Church being sued, though the initially adverse ruling against the latter was later overturned on appeal in the U.S. Supreme Court.
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Downes v. Bidwell Downes v. Bidwell, 182 U.S. 244 (1901) , was a case in which the US Supreme Court decided whether US territories were subject to the provisions and protections of the US Constitution. This issue is sometimes stated as whether the Constitution follows the flag. The resulting decision narrowly held that the Constitution did not necessarily apply to territories. Instead, the US Congress had jurisdiction to create law within territories in certain circumstances, particularly in those dealing with revenue, which would not be allowed by the Constitution for proper states within the Union. It has become known as one of the "Insular Cases".
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Louisiana v. United States (1965) Louisiana v. United States, 380 U.S. 145 (1965) , was a case decided by the Supreme Court of the United States that dealt with an "interpretation test" permitted by the Louisiana Constitution of 1921 alleged to deprive Louisiana Negroes of voting rights in violation of 42 U.S.C. Section 1971(a) and the Fourteenth and Fifteenth Amendments.
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United States v. Stewart (2003) United States v. Stewart, 348 F.3d 1132 (9th Cir. 2003) and 451 F.3d 1071 (9th Cir. 2006), is a Ninth Circuit case involving a challenge to the constitutionality of (o) under the Commerce Clause of the United States Constitution. The United States Court of Appeals for the Ninth Circuit found against the defendant, ruling that possession of homemade machine guns can be constitutionally regulated by the United States Congress under the Commerce Clause.
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First Amendment to the United States Constitution The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, ensuring that there is no prohibition on the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble, or prohibiting the petitioning for a governmental redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.
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Washington v. Davis Washington v. Davis, 426 US 229 (1976) was a United States Supreme Court case that established that laws that have a racially-discriminatory effect but were not adopted to advance a racially-discriminatory purpose are valid, under the US Constitution.
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J.E.B. v. Alabama ex rel. T.B. J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (1994), was a case in which the Supreme Court of the United States held that making peremptory challenges based solely on a prospective juror's sex is unconstitutional. "J.E.B." extended the court's existing precedent in "Batson v. Kentucky" (1986), which found race-based peremptory challenges in criminal trials unconstitutional, and "Edmonson v. Leesville Concrete Company" (1991), which extended that principle to civil trials. As in "Batson", the court found that sex-based challenges violate the Equal Protection Clause.
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Freedom of movement under United States law Freedom of movement under United States law is governed primarily by the Privileges and Immunities Clause of the United States Constitution which states, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." As far back as the circuit court ruling in "Corfield v. Coryell," 6 Fed. Cas. 546 (1823), freedom of movement has been judicially recognized as a fundamental Constitutional right. In "Paul v. Virginia," 75 U.S. 168 (1869), the Court defined freedom of movement as "right of free ingress into other States, and egress from them." However, the Supreme Court did not invest the federal government with the authority to protect freedom of movement. Under the "privileges and immunities" clause, this authority was given to the states, a position the Court held consistently through the years in cases such as "Ward v. Maryland," 79 U.S. 418 (1871), the "Slaughter-House Cases," 83 U.S. 36 (1873) and "United States v. Harris," 106 U.S. 629 (1883).
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McCarran Amendment The McCarran Amendment, 43 U.S.C. § 666 (1952) is a federal law enacted by the United States Congress in 1952 which waives the United States' sovereign immunity in suits concerning ownership or management of water rights. It amended Chapter 15 (Appropriation of Waters; Reservoir Sites) of Title 43 (Public Lands) of the United States Code. The McCarran Amendment gives others the right to join in such a lawsuit as a defendant. Prior to the Amendment, sovereign immunity kept the United States from being joined in any suits. The Amendment enabled suits concerning federal water rights to be tried in state courts.
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Doyle v. Ohio Doyle v. Ohio, 426 U.S. 610 (1976), is a United States Supreme Court case regarding the Due Process rights of the Fourteenth Amendment.
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Apprendi v. New Jersey Apprendi v. New Jersey, 530 U.S. 466 (2000) , is a landmark United States Supreme Court decision with regard to aggravating factors in crimes. The Court ruled that the Sixth Amendment right to a jury trial, incorporated against the states through the Fourteenth Amendment, prohibited judges from enhancing criminal sentences beyond statutory maxima based on facts other than those decided by the jury beyond a reasonable doubt. The decision has been a cornerstone in the modern resurgence in jury trial rights. As Justice Scalia noted in his concurring opinion, the jury-trial right "has never been efficient; but it has always been free."
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Same-sex marriage by Circuit Court Prior to the landmark ruling "United States v. Windsor", the constitutionality of banning same-sex marriage was upheld by the Eighth Circuit in "Citizens for Equal Protection v. Bruning". After the "Windsor" ruling, many same-sex marriage bans were struck down by lower courts. The Tenth, Fourth, Seventh, and Ninth circuits all ruled that same-sex marriage bans were unconstitutional. The cases that made it to these circuit courts originated in district courts which for the most part also struck down same-sex marriage bans. When a circuit court struck down a state's same-sex marriage ban, it did not directly strike down same-sex marriage bans in other states within the circuit. However, it paved the way for same-sex marriage bans to be struck down in the entire circuit due to the precedent it set for district courts within the circuit to follow. In some states, same-sex marriage was already legal before a federal circuit court ruled on the matter. The Sixth Circuit ruled that same-sex marriage bans were not unconstitutional and reversed the district court rulings that struck down same-sex marriage bans. Since this was the only circuit court to rule this way post-"Windsor", this created a circuit split which ultimately led to the Supreme Court of the United States deciding to resolve the issue once and for all. They ruled that same-sex marriage bans violate the constitution in the landmark ruling "Obergefell v. Hodges" which was the consolidated case that covered each state in the Sixth Circuit. Some circuit courts have not ruled on the constitutionality of same-sex marriage bans at all. Many circuit courts had pending same-sex marriage cases, but decided to hold off on litigation until the Supreme Court ruled on the matter.
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Gibbons v. Ogden Gibbons v. Ogden, 22 U.S. 1 (1824), was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation. The case was argued by some of America's most admired and capable attorneys at the time. Exiled Irish patriot Thomas Addis Emmet and Thomas J. Oakley argued for Ogden, while U.S. Attorney General William Wirt and Daniel Webster argued for Gibbons.
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Byrd Amendment (1971) The Byrd Amendment—named for its author, Senator Harry F. Byrd, Jr. of Virginia—was a 1971 amendment to the U.S. Federal Strategic and Critical Materials Stock Piling Act. It prohibited the US government from banning the importation of any strategic material from a non-communist country as long as the importation of the same materials from communist countries was also not prohibited. While it did not single out any particular country, it had the effect–intended by its sponsors–of creating an exception in the United States embargo of Rhodesia to enable the import of chromite ore from that country.
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Cohens v. Virginia Cohens v. Virginia, 19 U.S. 264 (1821) , was a United States Supreme Court decision most noted for the Court's assertion of its power to review state supreme court decisions in criminal law matters when the defendant claims that their Constitutional rights have been violated. The Court had previously asserted a similar jurisdiction over civil cases involving American parties.