Buck v. Bell (1927) - The Virginia statute did not violate the Constitution. Sterilization could not legally occur without a proper hearing (where both the patient and a guardian for them could be present). The patient could also request courts to hear the case. SCOTUS found these requirements satisfactory., Pierce v. Society of Sisters (1925) - An Oregon law mandating children to attend public schools was unconstitutional. Parents have authority over educational decisions regarding their children despite the right of states to regulate education., Gitlow v. NY (1925) - New York could penalize the advocacy of violently overthrowing the government under its Criminal Anarchy Law. The government can prohibit speech that threatens the government’s existence because of national security implications. The incorporation principle allows the Bill of Rights to be applied to the states. , Ex Parte Grossman (1925) - The president has the constitutional authority to grant pardons for criminal contempt. Contempts can be classified as “offenses against the United States,” which the president has the right to pardon (Article II, Section 2, Clause 1). , Adkins Children’s Hospital (1923) - D.C.’s minimum wage law was unconstitutional. The Due Process Clause of the Fifth Amendment granted the right of “freedom to contract.” SCOTUS decided that employees and employers have the right to contract however they want and that women did not need extra protection., Was the 1918 minimum wage law setting a minimum wage for women and children unconstitutional? - Yes because employers and employees have the right to contact however they want., Can a state require children between the ages of eight and sixteen to attend public school? - No because parents have control over educational decisions regarding their children, even though states have a right to regulate education, What are the two requirements of the clear and present danger test? - Two requirements must be met for speech to be penalized. The first condition is that the speech must impose a threat of substantial evil; the second condition is that the threat must be present, clear, and imminent., Is speech that threatens the government’s existence (national security implications) protected under the First Amendment? - No, this speech is not protected. , Does the president have the right to commute a sentence for criminal contempt of court? - Yes, the president has the constitutional authority to grant a pardon for a criminal contempt of court sentence. There is no indication in the words “offenses against the United States” that such offenses could not include criminal contempt., Where in the constitution does the president get the right to grant pardons? - Article II, Section 2, Clause 1 of the Constitution grants the president the power to pardon individuals., Did the Virginia law allowing inmate sterilization violate the right to due process of law and the equal protection of laws under the Fourteenth Amendment? - No, the law was deemed constitutional because the requirements necessary to perform a sterilization procedure were satisfactory to the court. ,

CON LAW SCOTUS CASES

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