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, implied powers, use of the elastic clause; state unable to tax federal 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
| Olvier 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; states cannot deny freedom of speech - due process clause of 14th Amendment |
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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 explicity necessary for liberty to exist |
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Term
| Brown v. Board, 1st (1954) |
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Definition
| School segregation unconstitutional; overturned Plessy v. Ferguson, separate but equal; psychologically damaging; 14th Amendment; judicial activism of Warren Court; unanimous |
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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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Term
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Definition
| Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court |
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Term
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Definition
| 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 |
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Definition
| "One man, one vote". Ordered state legislative districts to be as near equal as possible in population |
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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 |
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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 |
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Term
| Wesberry v. Sanders (1963) |
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Definition
| 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
| Established right of privacey 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 |
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Term
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Definition
| Allowed states to provide textbooks and busing to students attending private 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 guidelings: 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 from Griswald v. Connecticut |
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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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