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Chapter 4 & 5
Court Cases
39
History
12th Grade
10/29/2013

Additional History Flashcards

 


 

Cards

Term
Marbury v. Madison (1803)
Definition
Established judicial review; midnight judges; John Marshall; power of the Supreme Court.
Term
McCulloch v. Maryland (1819)
Definition
Established national supremacy; established implied powers; use of elastic clause; state unable to tax federal institution; John Marshall; “the power to tax involves the power to destroy.”
Term
Gibbons v. Ogden (1824)
Definition
Established a broad interpretation of the Commerce Clause; determined Congress’ power encompassed virtually every form of commercial activity. The Commerce Clause has been the constitutional basis for much of Congress’ regulation of the economy.
Term
Plessy v. Ferguson (1896)
Definition
Established separate by equal. Gave Supreme Court approval to Jim Crow laws.
Term
Weeks v. U.S. (1914)
Definition
Established the Exclusionary Rule at the federal level; illegally obtained evidence cannot be used in court.
Term
Schenck v. U.S. (1919)
Definition
Oliver Wendell Holmes; clear and present danger test; shouting “fire” in a crowded theatre; limits on speech, esp. in wartime.
Term
Gitlow v. New York (1925)
Definition
Established precedent of federalizing Bill of Rights (applying them to the states); states cannot deny freedom of speech protected through due process clause of Amendment 14.
Term
Near v. Minnesota (1931)
Definition
Held that the 1st Amendment protects newspapers from prior restraint.
Term
Palko v. Connecticut (1937)
Definition
Provided test for determining which parts of Bill of Rights should be federalized those which are implicitly or explicitly necessary for liberty to exist.
Term
Korematsu v. U.S. (1944)
Definition
Upheld as constitutional the internment of Americans with Japanese descent during WWII.
Term
Brown v. Board, 1st (1954)
Definition
School segregation unconstitutional; segregation psychologically damaging to blacks; overturned separate but equal; use of 14th Amendment; judicial activism of Warren Court; unanimous decision.
Term
Brown v. Board, 2nd (1955)
Definition
Ordered schools to desegregate “with all due and deliberate speed.”
Term
Roth v. United States (1957)
Definition
Established that obscenity is not within the area of constitutionally protected speech or press.
Term
Mapp v. Ohio (1961)
Definition
Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court’s judicial activism in criminal rights.
Term
Engel v. Vitale (1962)
Definition
Prohibited state-sponsored recitation of prayer in public schools by virtue of the 1st Amendment’s establishment clause and the 14th Amendment’s due process clause; Warren Court’s judicial activism.
Term
Baker v. Carr (1962)
Definition
“One man, one vote.” Ordered state legislative districts to be as near equal as possible in population; Warren Court’s political judicial activism.
Term
Abbington v. Schempp (1963)
Definition
Prohibited devotional Bible reading in public schools by virtue of establishment clause & 14th Amendment’s due process clause. Warren Court’s judicial activism.
Term
Gideon v. Wainwright (1963)
Definition
Ordered states to provide lawyers for those unable to afford them in criminal proceedings. Warren Court’s judicial activism in criminal rights.
Term
Wesberry v. Sanders (1963)
Definition
Ordered House districts to be as near equal in population as possible.
Term
NY Times v. Sullivan (1964)
Definition
Held that statements about public figures are libelous only if made with malice and reckless disregard for the truth.
Term
Griswald v. Connecticut (1965)
Definition
Established right of privacy through 4th & 9th Amendments. Set a precedent for Roe v. Wade.
Term
Miranda v. Arizona (1966)
Definition
Established Miranda warnings of counsel and silence. Must be given before questioning. Warren Court’s judicial activism in criminal rights.
Term
Lemon v. Kurtzman (1971)
Definition
Established 3-part test to determine if establishment clause is violated: non-secular purpose, advances/inhibits religion, excessive entanglement with government.
Term
Miller v. California (1973)
Definition
Established that community standards be used in determining whether material is obscene in terms of appealing to “prurient interest”, being “patently offensive”, and lacking in value.
Term
Roe v. Wade (1973)
Definition
Established national abortion guidelines; trimester guidelines; no state interference in 1st; state may regulate to protect health of mother in 2nd; state may regulate to protect health of unborn child in 3rd. Inferred from right of privacy established in Griswald v. Connecticut.
Term
U.S. v. Nixon (1974)
Definition
Allowed for executive privilege, but not in criminal cases; “Even the President is not above the law”; Watergate.
Term
Buckley v. Valeo (1976)
Definition
1st Amendment protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns. The decision opened the door for PACs to spend unlimited amounts of money for campaigning activities so long as they’re not directly coordinated with a particular campaign.
Term
Gregg v. Georgia (1976)
Definition
Upheld the constitutionality of the death penalty; death penalty does not constitute cruel & unusual punishment; overturned Furman v. Georgia (1972).
Term
U.C. Regents v. Bakke (1978)
Definition
Bakke & UC Davis Med School; declared strict quotas unconstitutional but states may allow race to be taken into account as ONE factor in admissions decisions. Bakke was admitted; affirmative action.
Term
Texas v. Johnson (1989)
Definition
Struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the 1st Amendment.
Term
Planned Parenthood v. Casey (1992)
Definition
States can regulate abortion, but not with regulations that impose “undue burden” upon women; did not overturn Roe, but gave state more leeway in regulating abortion (e.g., 24-hour waiting period, parental consent for minors)
Term
Shaw v. Reno (1993)
Definition
No racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.
Term
U.S. v. Lopez (1995)
Definition
Gun Free School Zones Act exceeded Congress’ authority to regulate interstate commerce. The first case to begin reigning in Congress’ authority under the Commerce Clause.
Term
Clinton v. NY (1998)
Definition
Banned presidential use of line item veto.
Term
Bush v. Gore (2000)
Definition
Use of 14th Amendment’s equal protection clause to stop the Florida recount in the 2000 election.
Term
Zelman v. Simmons-Harris (2002)
Definition
Public money can be used to send disadvantaged children to religious schools in tuition voucher programs.
Term
Ashcroft v. ACLU (2002)
Definition
Struck down a federal ban on “virtual” child pornography.
Term
Lawrence v. Texas (2003)
Definition
Using right of privacy, struck down Texas law banning sodomy.
Term
Gratz v. Bollinger (2003)
Definition
Struck down use of “bonus points” for race in undergrad admissions at University of Michigan; affirmative action
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