Term
| Marbury v. Madison (1803) |
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Definition
| Established judicial review; "Midnight Judge;" 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 fed. Institution; John Marshall; "the power to tax involves the power to destroy." |
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Term
| Plessy v. Ferguson (1896) |
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Definition
| Established separate but equal. |
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Term
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Definition
| Oliver Wendell Holmes; clear and present danger test; shouting "fire" in a crowded theater; limits on speech esp. in wartime. |
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Term
| Gitlow v. New York (1925) |
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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. |
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Term
| Palko v. Connecticut (1937) |
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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. |
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Term
| Brown v. Board 1st (1954) |
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Definition
| School segregation unconstitutional; segregation psychologically damaging to blacks; overturned separate but equal; use of 14th Amendment; judicial activism of Warren Court; unanimous decision. |
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Term
| Brown v. Board 2nd (1955) |
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Definition
| Ordered schools to desegregate "with all due and deliberate speed." |
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Definition
| Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism. |
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Term
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Definition
| Prohibited state-sponsored recitation of prayer in public schools by virtue of Amendment One's establishment clause and the 14th Amendment's due process clause; Warren Court's 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. |
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Term
| Abbington v. Schempp (1963) |
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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
| Ordered states to provide lawyers for those unable to afford them in criminal proceedings. Warren Court's judicial activism in criminal right's. |
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Term
| Wesberry v. Sanders (1963) |
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Definition
| Ordered House of Districts to be near equal in population as possible. |
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Term
| Griswald v. Connecticut (1965) |
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Definition
| Established right of privacy through 4th and 9th amendments. Set a precedent for Roe v. Wade. |
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Term
| Miranda v. Arizona (1966) |
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Definition
| Established Miranda warnings of counsel and silence. Must be given before questioning. Warren Court's judicial activism. |
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Term
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Definition
| Allowed States to provide textbooks and busing students attending religious schools. Established 3-part test to determine if establishment clause is violated: nonsecular purpose, advances/inhibits religion, excessive entanglement with government. |
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Term
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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 estab. in Griswald v. Conn. |
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Term
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Definition
| Allowed for executive privilege, but not in criminal cases; "Even the President is not above the law." Watergate. |
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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 of his own money on campaigns. |
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