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45 Cards in this Set
- Front
- Back
Marbury v. Madison (1803)
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established the principle of judicial review, giving the court the right to rule on the constitutionality of an act, law, etc.
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Muculloch v. Maryland (1819)
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Established the constitutional supremacy of the federal government over state governments as suggested by the implied powers doctrine
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Dred Scott v. Sanford (1857)
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While declaring the Missouri Compromise unconstitutional, it also established that slaves were not citizens of the US
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Munn v. Illinois (1877)
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States were allowed to regulate private businesses in the public interst
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Plessy v. Ferguson (1896)
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Declared separate but equal accommodations to enforce racial segregation
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Standard Oil Co Of New Jersey et al. v. US (1911)
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US can dissolve a "trust" when that trust is exercising "unreasonable restraint of trade"
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Schenk v. US (1919)
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US can restrict free speech, especially during wartime, when it is shown to present a "clear and present danger"
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Schechter v. US (1935)
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Congress cannot delegate its power and authority to the President
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Dennis et al. v. US (1951)
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The Smith Act (stating it is a crime to advocate the overthrow of the government by force) is declared constitutional.
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Yates v. US (1957)
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modified Dennis et al. v. US ruling to apply only to the words connected to direct action in this endeavor
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Brown v. Board of Education of Topeka (1954)
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Laws enforcing segregation in schools are unconstitutional. States ordered to desegregate at "all deliberate speed."
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Roth v. US (1957)
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Declared obscenity as that which appeals to "prurient interest" and has "no redeeming social importance"
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Mapp v. Ohio (1961)
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Federal exclusionary rule, stating that illegally obtained evidence cannot be used in a trial, is extended to the States.
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Baker v. Carr (1962)
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State legislatures (and later congressional districts) must be proportional to the people represented to allow for equal representation.
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Miranda v. Arizona (1966)
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Suspects must be informed of their rights under the law before being questioned in a crime.
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Furmann v. Georgia (1972)
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All death penalty statutes, in all states, were unconstitutional as written due to the subjectivity and arbitrariness. Rewritten state statutes brought the death penalty back in a few years
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Roe v. Wade (1973)
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Laws prohibiting abortion, except in the last trimester, are unconstitutional based on the 14th Amendment's implied right of a woman's privacy in decisions about her body.
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University of California v. Bakke (1978)
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Universitites can admit students on the basis of race in order to combat discrimination
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Bowers v. Hardwick (1986)
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States can regulate sexual conduct, even in private and among consenting adults
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Webster v. Reproductive Health Services (1989)
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States can restrict access to abortions, so long as they do not impose restrictions that would, in effect outlaw them entirely.
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Harris v. Forklift Systems Inc. (1993)
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Sexual harrassment claims can be valid even when no severe or emotional damage occurs
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Bush et. al v. Gore et al. (2000)
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In a landmark 5 to 4 Decision, the court overturns the ruling of the florida State Supreme Court and cedes that state's Elecotral College votes, and the Presidency of the US to George W. Bush
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Mandan v. Rumsfield (2006)
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court finds that the war crimes tribunal at Guantanamo Bay, Cuba (established by the Bust administration) lacks "The power to proceed because its structures and procedures violate the Uniforme Code of military Justice and the rour Geneva Conventions signed in 1949
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establishment clause
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congress may not found an official religion
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free-exercise clause
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freedom of the individual to engage in religious practices
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Lemon v. Kurtzman
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provided courts and interest groups with a "lemon test" to determine where their activity was constitutional
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Lemont Test
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Help test if constitutional:
1. When considering funding or any kind of involvement, the state would ensure that the program in question has no religious purpose. 2. The govt involvement must not promote or inhibit religion 3. The govt action must not lead to its excessive entanglement with religion |
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Agostini v. Felton
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the 1st amendment requires only govt. neutrality toward religion.
lowered "wall of separation between church and state" (thomas jefferson) |
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Zelman v. Simmons-Harris
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allowed parents to use publicly funded school vouchers to pay tuition at religious schools
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Lynch v. Donnelly
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a Christmas manager display, along w/ a depiction of Santa, on public property was constitutional because
1. the display's primary purpose was to celebrate a national holiday. 2. it did not actively promote religion 3. the display involved no excessive entanglement of govt. w/ religion |
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Engel v. Vitale
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struck down a brief prayer said in New York public schools
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Sherbert v. Verner
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Supreme Court ruled that a state could not decline to give UIB on account of a Seventh-day activist's refusal to work on Saturday
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Brandenburg v. Ohio
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struck down conviction of a Ku Klux Clansman who had made threatening statements. Threat not credible.
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Tinker v. Des Moines Independent Community School District
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court determined that black armbands to protest Vietnam conflict did not create undue distractions or undermine school discipline. Armbands were symbolic expression.
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Chaplinsky v. New Hampshire
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Supreme court upheld the conviction of a Jehovah's Witness who called a marshal a fascist. (during wartime, seen as provocative)
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Cohen v. California
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Court defended a person's right to wear a vulgar anti-Vietnam slogan
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New York Times v. Sullivan
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Supreme Court decided that false statements made about officials were protected unless one could prove malice-the intention to do harm.
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New York Times v. US
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Supreme Court said that the govt had not proven that damage to national security outweighed the interest of the public in knowing what their govt was up to.
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Morse v. Frederick
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Court defended a public school official's confiscation of a student banner at a school-sponsored parade that said "bong hits 4 Jesus"
contrary to schools' purpose and not protected "school speech" |
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Duncan v. Louisiana
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Sixth amendment, right to jury applied to the states
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Gideon v. Wainright
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Court required legal counsel to be made available to all defendants
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Planned Parenthood v. Casey
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Court upheld a Pennsylvania law requiring pre-abortion counseling, a twenty-four-hour waiting period, and parental or judicial permission for girls under eighteen
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Stenburg v. Carhart
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The court struck down a Nebraska law (and w/ it 30 other state laws) that made late term abortions (partial-birth abortions) illegal
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Fargher v. City of Boca Raton
and Burlington Industries v. Ellerth |
ruled that employers are responsible for setting up safeguards against sexual harassment int he workplace
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U.S. v. Curtiss-Wright
and U.S. v. Pink |
Supreme Court ruled that the Congress had delegated broad discretionary powers to the president with regard to foreign policy and that an executive agreement is the legal equivalent of a treaty.
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