Term
| Marbury v. Madison (1803) |
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Definition
| Established judicial review; "midnight judges;" John Marshall power of the Supreme Court |
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Term
| McCulloch v. Maryland (1819) |
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Definition
Established national supremacy; established implied powers; use of elastic clause; state unable to tax federal institution
Issue: Was the Judiciary Act of 1789 correct in sending the case directly to the supreme court for review using original jurisdiction?
Decision: Although Marbury should have been appointment, the supreme court did not have the power to make that decision.
Significance: The result was that supreme Court assumed the power of judicial review that gave the courts the power to rule laws unconstitutional. |
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Term
| Plessy v. Ferguson (1896) |
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Definition
Established separate but equal
Did the 14th Amendment's equal protection clause make Louisiana's Law unconstitutional? |
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Term
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Definition
FREE SPEECH PRINCIPLES
Are Schenck's actions protected by the free speech clause of the First Amendment?
Issue: The U.S. government accused Schenck of violating of the Espionage Act, which makes insubordination and draft resistance illegal.
Oliver Wendell Holmes; clear and present danger test; shouting "fire" in a crowded theater; limits on speech |
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Term
| Gitlow v. New York (1925) |
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Definition
FREE SPEECH PRINCIPLES
Gitlow = socialist that advocated his goals. New York State had an anti anarchy law.
Supreme Court ruled that the First Amendment applies to the states by virtue (could not deny freedom of speech) of the due process clause of the Fourteenth Amendment. |
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Term
| Palko v. Connecticut (1937) |
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Definition
First convicted and sentenced to life imprisonment, CT appealed and this time sentenced him to death.
Did Palko's second conviction violate the protection against double jeopardy guaranteed by the 5th Amendment bc this protection applies to states by virtue of the 14th Amendment's due process clause? no |
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Term
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Definition
Does segregation of children in public schools based on race deprive the minority children of the equal protection of the laws guaranteed by the 14th amendment.
Declared racial discrimination in public education unconstitutional. |
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Term
| Brown v. Board, 2nd (1955) |
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Definition
| What means should be used to implement the principles announced in Brown I? |
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Term
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Definition
Overturned Wolf v. Colorado
Issue: Whether illegally obtained evidence can be used in trial
Deciision: Establsihed exclusionary rule: if the police obtained evidence w/o a valid search warrant it would not be admissible in court; Warren Court's judicial activism |
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Term
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Definition
NY state had mandatory requirement that all students must recite a nondenominational prayer
Issue: Whether the establishment clause was violated by NY state
Decision: The court struck down the prayer, ruling that it violated the First Amendment's separation of church & state
Warren Court's political judicial activism |
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Term
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Definition
"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's political judicial activism
Did the Supreme Court have jurisdiction over questions of legislative apportionment? |
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Term
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Definition
| Prohibited devotional Bible reading in public schools by virtue of establishment clause and due process clause. Warren Court's judicial activism. |
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Term
| Gideon v. Wainright (1963) |
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Definition
Facts: Earl Gideon convicted of robbery; couldn't afford lawyer, force to defend self
Issue: Whether Gideon's 5th Amendment due process rights and 6th Amendment right of assistance of counsel were violated
Accused guaranteed the right to an attorney
Ordered states to provide lawyers for those unable to afford in criminal proceedings. |
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Term
| Wesberry v. Sanders (1963) |
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Definition
Wesberry was member of 5th Congressional District, which had a population 2-3 times larger than other districts in the state. Wesberry claimed this system diluted his right to vote.
Issue: Did Georgia's congressional districts violate the 14th Amendment or deprive citizens of the full benefit of their right to vote?
Conclusion: Ordered house districts to be as near equal in population as possible |
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Term
| Griswald v. Connecticut (1965) |
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Definition
Facts: Griswold convicted for violating a Connecticut law that made it illegal to give info to married couples regarding birth control
Established right of privacy through 4th & 9th Amendments. Set a precedent for Roe V. Wade
Court ruled that there was an inferred privacy right given to people in the 4th Amendment |
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Term
| Miranda v. Arizona (1966) |
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Definition
Mirando charged & convicted of rape and kidnapping. During interrogation he was not told consequences, of if he could ask for a lawyer. Without knowing he signed a confession
Issue: Whether Miranda's due process rights were violated from the interrogation used by police
Decision: Court ruled that Miranda's confession was illegally obtained. Ruled that police must inform individual at arrest the rights from Fifth Amendment (includ. right to remain silent) |
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Term
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Definition
Allowed states to provide textbooks and busing to students attending private religious schools.
Issue: did the PN law violate the 1st Amendment establishment clause?
Decision: Court ruled that state violated separation of church and state by providing aid to rel.pri. schools
Developed 3-part test to determine if establishment clause is violated 1)nonsecular purpose 2) neither advance nor inhibit religion 3) excessive entanglement with government |
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Term
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Definition
Under 4th Amendment women had the right for abortion.
Established abortion & trimester guidelines |
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Term
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Definition
Nixon refused, claiming executive privilege
Issue: Was the president's claim of executive privilege a power that the president could claim using the inherent power of the chief executive to protect his confidential conversations/judicial review.
Decision: Nixon had to release the tapes. Court ruled that executive privilege claims generally apply only to national security issues, not privacy. |
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Term
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Definition
| 1st Amendment protects campaign spending; legislatures can limit contributions, but not how much one spends on his own money on campaigns |
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Term
| U.C. Regents v. Bakke (1978) |
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Definition
| Alan Bakke & UC Davis Med School; strict quotas unconst., but states may allow race to be taken into account as ONE factor in admissions decisions. Bakke admitted. |
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Term
| Webster v. Reproductive Health Services (1987) |
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Definition
| More leeway for states in regulating abortion, though no overturning of Roe v. Wade |
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Term
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Definition
Facts: Johnson arrested for burning A U.S. flag
Issue: Whether Johnson's protest represented symbolic speech under the First Amendment
Decision: Burning the flag for the purpose of political protest was symbolic speech and constitutional
Significance: Congress failed to pass constitutional amendment banning flag burning after a national law that prohibited flag burning also was ruled unconstitutional |
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Term
| Employment Dicision of Oregon v. Smith (1990) |
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Definition
| Oregon refused to grant unemployment benefits because Native Ams. used illegal drugs (although part of their religious ritual). |
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Term
| Planned Parenthood v. Casey (1992) |
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Definition
| States can regulate abortion, but not regulations ,did not overturn Roe v. Wade, regulated a 24 hour waiting period and parental approval, no more spousal approval. |
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Term
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Definition
Did NC residents' claim, that the state created a racially gerrymandered district, raised issue under 14th Amendment's Equal Protection Clause?
Court held that reapportionment plan was racially neutral |
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Term
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Definition
Prohibits anyone from possessing a gun w/in 1000 feet of a school.
Did Congress have authority under the Commerce Clause to pass this law?
Court decided that law was unconstitutional because it violated the 10th Amendment's reserve power clause. Act had nothing to do with interstate commerce. |
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Term
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Definition
| Banned presidential use of line item veto, did it violate the Presentment Clause of Article I? |
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Term
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Definition
| Use of 14th Amendment's equal protection clause to stop the Florida recount in the 2000 election |
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Term
| Zelman v. Simmons-Harris (2002) |
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Definition
Did the school voucher program violate the Establishment clause?
Public money can be used to send disadvantaged children to religious schools in tuition voucher programs |
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Term
| Ashcroft v. ACLU (American Civil Liberties Union) (2002) |
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Definition
| argued that it violated the Free Speech clause of the 1st Amendment, struck down a federal ban on "virtual" child pornography |
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Term
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Definition
Did the conviction of same sex intimacy violate Due Process clause and 14th Amendment of equal protection of laws?
Due process gives them full right to engage in their conduct w/o govt intervention, struck down TX law banning sodomy. |
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Term
| Gratz v. Bollinger (2003) |
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Definition
Did the University of Michigan's use of racial preferences in admission violate the Equal Protection Clause of the 14th Amendment? Yes.
Struck down use of "bonus points" for race in undergrad admissions at UoM |
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Term
| Grutter v. Bollinger (2003) |
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Definition
Does the UoMLS use of racial preferences violate the Equal Protection Clause of 14th amendment? no
Allowed the use of race as general factor in law school admissions at UoM |
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Term
| Kelo v. City of New London (2006) |
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Definition
Eminent domain case: Local govt's may force the sale of private property and make way for private economic development when officials decide it would benefit the public.
Did the city violate the 5th Amendment's takings clause if the city takes private property and sells it for private development? no |
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Term
| Gonzales v. Carhart (2007) |
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Definition
| Is the Partial-Birth Abortion Ban Act of 2003 an unconstitutional violate of personal liberty protected by the 5th Amendment? no |
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Term
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Definition
Did barring registration of handguns, prohibiting carrying a pistol w/o a license, and requiring firearms to be kept unloaded/disassembled or trigger locked violate the 2nd amendment rights of individuals? yes.
struck WA DC ordinance that banned handguns. |
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Term
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Definition
Polygamy is banned; religion can still be practiced. Deals with first amendment.
Did it violate the 1st Amendment's free exercise clause b/c marriage is part of religious practice? no
1879 Chief Justice Morrison |
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Term
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Definition
Did search and seizure of Weeks' home violate the 4th Amendment? Directly violated his constitutional rights.
Deals with evidence and federal government (1914 Chief Justice Edwin D. White) |
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Term
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Definition
Dealt with tapping~ gov't can wire tap you
Overturned by Katz v. U.S. |
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Term
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Definition
NJ law allowed reimbursements of money to parents who sent their children to school on buses.
Did NJ statue violate the Establishment Clause of the 1st Amendment as made applicable to the states through the 14th Amendment? no
Said no to fund for school buses for students |
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Term
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Definition
| Could write about overthrowing gov't, but can't PLAN to over throw |
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Term
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Definition
Did federl or CA obscenity restrictions, prohibiting the sale of transfer of obscene materials through the mail, impinge upon the freedom of expression as guaranteed by the 1st Amendment?
protected 1st & 14th Amendment |
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Term
| Abington vs. Schempp (1963) |
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Definition
| Religious activity in public schools -no |
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Term
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Definition
| Overturns wire tapping rule (Olmstead v. U.S.) |
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Term
| Walz vs. Tax Commission (1970) |
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Definition
Walz brought suit against NYC tax commission, challenging property tax exemptions for churches, alleged to indirectly contribute to those churches.
Did property tax exemptions violate Establishment Clause of the 1st Amendment? no |
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Term
| Wisconsin vs. Yoder (1972) |
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Definition
| could state force members group to attend public schools? -no |
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Term
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Definition
| Students entitled rights of disciplinary at school -yes |
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Term
| Island Tree School Distric vs. Pico (1982) |
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Definition
| Could public school remove books from HS library? -no |
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Term
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Definition
| Should evidence gained on a warrant issued w/o adequate probable cause -no |
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Term
| Wallace vs. Jaffree(1985) |
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Definition
Alabama law authorized teachers to conduct regular religious prayer,
could state of Alabama exempt itself from bans on school prayer
did Alabama law violate the first amendment's establishment clause? yes |
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Term
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Definition
| Does the first Amendment prevent a school district from disciplining a high school student for giving a lewd speech at a high school assembly? no |
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Term
| Westside Community Schools vs. Mergens (1990) |
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Definition
School administration denied permission for group of students that wanted to form a christian club. Equal access to student religious groups.
Was the school's prohibition against the formation of the club consistent with the Establishment Clause, rendering Equal Access Act unconstitutional? no |
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Term
| Missouri vs. Cruzan (1990) |
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Definition
Remove life support
Did the Due Process Clause of 14th Amendment permit Cruzan's parents to refuse life sustaining treatment on their daughter. Incompetent persons were not able to exercise such rights. |
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