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Marbury v. Madison (1803)

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Under Chief Justice John Marshall, the Supreme Court of the United States held that ONLY the Supreme Court of the United States has the power to declare laws unconstitutional. Established judicial review.

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McCulloch v. Maryland (1819)

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Landmark case established supremacy of US government over the state government. Maryland tried to tax a federal institution, but Supreme Court ruled a state could not tax or regulate the federal government. SUPREMACY CLAUSE

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Gibbons v. Ogden (1824)

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Affirmed federal control of interstate commerce under commerce clause of the Constitution.

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Barron v. Baltimore (1833)

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Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.

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Judicial federalism

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The extension of the Bill of Rights to the citizens of the states, creating a concept of dual citizenship, wherein a citizen was under the jurisdiction of the national government as well as state governments.

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Gitlow v. New York (1925)

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First and Fourteenth Amendment; Due Process Clause; The Fourteenth Amendment prohibits states from infringing free speech, but the defendant was properly convicted under New York's Criminal Anarchy Law because he disseminated newspapers that advocated the violent overthrow of the government.

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Due process clause of Fourteenth Amendment

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Guarantees that persons can't be deprived of life, liberty or property by the federal government without due process of law

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Due process of law

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Constitutional requirement for fundamental fairness in our legal and court system.

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Establishment clause

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component of the First Amendment. Right of the citizens to practice their religions without governmental interference. "Separation between church and state."

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Engle v. Vitale (1962)

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Prohibited state-sponsored recitation of nondenominational prayer in public schools

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Lemon v. Kurtzman (1971)

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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, avoidance of excessive entanglement with government.

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Lee v. Weisman (1992)

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Including clergy-led prayer in public high school graduation ceremonies unconstitutional

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Schenck v. United States (1919)

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Supreme Court decides that any actions taken that present a "clear and present danger" to the public or government isn't allowed, this can limit free speech

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Chaplinsky v. New Hampshire (1942)

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1942; "fighting words" (not protected by the Constitution) "by their very utterance inflict injury or tend to incite an immediate breach of peace that governments may constitutionally punish" or "have a direct tendency to cause acts of violence by the person to whom, individually, the remarks are addressed"; but obscenity on clothing or against govt policy aren't inherently fighting words

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New York Times v. Sullivan (1964)

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1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth

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Tinker v. Des Moines (1969)

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Defined the concept of "symbolic speech." Students have a right to symbolic speech as long as it is not disruptive.

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New York Times v. United States (1971)

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Pentagon Papers; If the government wishes to censor information before it is printed or published, it must be proven in court that the information will endanger national security; Prior restraint

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Prior restraint

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A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota.

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Texas v. Johnson (1988)

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Flag burning is a form of symbolic speech by first amendment

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McConnell v. Federal Election Committee (2003)

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2003 U.S. Supreme Court decision supporting McCain-Feingold that Congress had not overreached its power in banning soft money.

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Citizens United v. Federal Election Committee (2010)

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Supreme Court case that ruled corporate funding of independent political broadcasts in candidate elections cannot be limited under the First Amendment.

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DeJonge v. Oregon (1937)

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14th amendment's due process clause applies to freedome of assembly; peaceful assembly for lawful discussion cannot be made a crime, selectively incorporated right to lawful assembly to all state governments

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Wolf v Colorado

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Fourteenth Amendment did not impose specific limitations on criminal justice in the states, and that illegally obtained evidence did not necessarily have to be excluded from trials in all cases.

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Mapp v. Ohio (1961)

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established the exclusionary rule; evidence illegally obtained cannot be used in court; must use a search warrant; overturned Wolf v Colorado; Warren Court's judicial activism

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Griswold v. Connecticut (1965)

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Found a "right to privacy" in the Fourth Amendment in the Constitution that would ban any state law against selling contraceptives

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Roe v. Wade (1972)

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Right to privacy and concept of being "secure in their persons" makes for the constitutional protection of abortions

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United States v. Leon (1984)

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In this decision, the Court created a "good faith" exception to the exclusionary rule, allowing the introduction of illegally obtained evidence where police can prove that the evidence was obtained without violating the core principles of the ruling that established the exclusionary rule.

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Planned Parenthood v. Casey (1992)

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In the case of abortions, the woman cannot be forced to notify her husband, but must tell her parents if she is a minor, and must wait 24 hours and must offer informed consent

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exclusionary clause

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The prohibition against the use of illegally obtained evidence in court.

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Escobedo v. Illinois (1964)

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The police's denial of Escobedo's right to counsel and their failure to inform him of his right to remain silent were unconstitutional. Any statements made by a defendant who was not informed of his rights is inadmissible in court.

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Gideon v. Wainright (1964)

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If a defendant cannot afford an attorney the state must provide one 5th amendment 9-0

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Miranda v. Arizona (1966)

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Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police. Provided by the Fifth Amendment

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New York v. Quarles (1984)

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"Public safety" exception to mandatory recitation of the Miranda Rights. They do not need to be recited the the accused if public safety is threatened.

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Hamdi v. Rumsfeld (2004)

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Enemy combatants held in the US have due process rights

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Gregg v. Georgia (1976)

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Punishment of death does not invariably violate constitution

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United States v. Lopez (1995)

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1995 - The Commerce Clause of the Constitution does not give Congress the power to prohibit mere possession of a gun near a school, because gun possession by itself is not an economic activity that affects interstate commerce even indirectly.

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Printz, Sheriff Coroner, Ravalli County, Montana, v. United States (1997

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Requires the state to check backgrounds on a person buying a gun. Several groups in different states petitioned saying it was unconstitutional Was the Brady Act's provision regarding state background checks on buying a gun in unconstitutional? Ruled unconstitutional

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Gonzales v. Oregon (2006)

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Federal government couldn't block Oregon's Assisted Suicide Law by moving against physicians who assisted terminally ill patients by giving them medicine that would enable them to commit suicide

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National Federation of Independent Business v. Sebelius (2012)

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This case involves the patient protection and affordable care act (Obama Care). The major part of this law that was challenged was that a majority of Americans have to have health insurance and if you don't than you have to pay a tax to fed gov't. Chief Justice Roberts gives decision and calls it fair he upholds the law and says Congress has every right to levy this tax if they want to. Roberts gives another deciosn he limits the MedicAid portion of the law because the law called expansion of MedicAid in states because Congress told states that they had to expand their MedicAid and if they didn't then they would take it away, so states have the right to choose if they want to expand.

AP Government Court Cases – Flashcards

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