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Court Cases

Marbury v. Madison established judicial review; "midnight judges;" John Marshall; "the power of the Supreme Court
McCulloch v. Maryland established national supremacy; est. implied powers; use of elastic clause; state unable to tax federal institution; John Marshall; "the power to tax involves the power to destroy"
Gibbons v. Ogden Congress can legislate and regulate all matters of interstate commerce as long as there is some commercial connection with another state
Plessy v. Ferguson est. separate but equal
Schenck v. US Oliver Wendell Holmes; clear and present danger test; shouting "fire" in a crowded theater; limits on speech, especially in wartime
Gitlow v. NY est. precedent of federalizing Bill of Rights (applying them to the states); states cannot deny freedom of speech protected through due process clause of the 14th amendment
Brown v. Board of Education School segregation unconstitutional; segregation psychologically damaging to blacks; overturned separate but equal; use of 14th amendment; judicial activism of Warren Court; unanimous decision
Brown v. Board, 2nd ordered schools to desegregate "with all due and deliberate speed"
Mapp v. Ohio established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism
Engel v. Vitale Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st amendment's establishment clause and 14th amendment's due process clause; Warren Court's judicial activism
Baker v. Carr "one man, one vote;" ordered state legislative districts to be as near equal as possible in population; Warren Court's political judicial activism
Gideon v. Wainwright ordered states to provide lawyers for those unable to afford them in criminal proceedings; Warren Court's judicial activism in criminal rights
Wesberry v. Sanders ordered House districts to be as near equal in population as possible
Heart of Atlanta Motel v. US Congress has a right to regulate individual businesses in the interest of interstate traveling
Griswold v. Connecticut est. right of privacy through the 4th and 9th amendments
Miranda v. Arizona est. Miranda warnings of counsel and silence; must be given before questioning; Warren Court's judicial activism in criminal rights
Tinker v. Des Moines "Students do not shed their constitutional rights at the schoolhouse gate, and therefore are entitled to the free expression of their views as long as there is no substantial or material interference of the educational process"
NY Times v. US Pentagon Papers; In order to exercise prior restraint, the gov must show sufficient evidence that the publication would cause a "grave and irreparable" danger
Lemon v. Kurtzman established 3-part test to determine if establishment clause is violated: nonsecular purpose, advances/inhibits religion, excessive entanglement with government
Roe v. Wade est. national abortion guidelines; trimester guidelines: no state interference-1st, state may regulate to protect health of mother-2nd, and state may regulate to protect health of unborn child-3rd. Inferred from right of privacy est. in Griswold v. Conn.
US v. Nixon allowed for executive privilege, but not in criminal cases; "Even the president is not above the law;" Watergate
UC Regents v. Bakke Alan Bakke and UC Davis Medical School; strict quotas unconstitutional, but states may allow race to be taken into account as ONE factor in admission decisions. Bakke admitted.
Hazelwood v. Kuhlmeier Supreme Court rules that freedom of the press does not extend to school newspapers, identifying such paper as a curricular device
Texas v. Johnson struck down a Texas law that banned flag burning, which the Court declared was constitutional by the 1st amendment
Planned Parenthood v. Casey states can regulate abortion, but not with regulations that impose "undue burden" upon women; did not overturn Roe v. Wade, but gave states more leeway in regulating abortion (24 wait, parental consent for minors)
Shaw v. Reno No racial gerrymandering; race can't be sole or predominate factor in redrawing legislative boundaries; majority-minority districts
US v. Lopez Gun Free School Zones Act exceeded congress' authority to regulate interstate commerce
Clinton v. NY banned presidential use of line item veto
Lawrence v. Texas using right of privacy, struck down Texas law banning sodomy
Gratz v. Bollinger struck down use of "bonus points" for race in undergrad admissions at University of Michigan
Grutter v. Bollinger allowed the use of race as a general factor in law school admissions at University of Michigan
District of Columbia v. Heller Supreme Court held that a constitutional right to gun ownership - irrespective of service in state military - did exist
Citizens United v. Federal Election Commission part of the Bipartisan Campaign Reform Act prohibiting unions and corporations organizations from broadcasting electioneering communications within 60 days of general election or 30 days of primary election violates free speech clause of the 1st amendment
Created by: spschoolstudy



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