Supreme Court Cases Worksheet – Flashcards
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Marbury v. Madison
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Judicial Review How much power does s. court have? It has right to rule on law's constitutionality
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McCulloch v. Maryland
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National Supremacy In conflict between national or state gov't, which is supreme? Congress has implied powers not specifically stated in const.
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Gibbons v. Ogden
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Interstate commerce Who has power to control interstate commerce? Only congress has right to regulate it
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Barron v. Baltimore
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Eminent Domain Does bill of rights apply to states AND fed gov't? No, only applies to fed gov't, state can build whatever it wants even if interrupted by Baltimore's business
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Dred Scott v. Sanford
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Chattel, slaves are property, have no rights Does const. protect rights of slaves and do slaves have same rights as white US citizens? No, they aren't citizens, not "free" in free states, nullified Missouri Comp.
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Reynolds v US
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polygamy is religious duty a suitable offense for breaking the law? nope, belief is ok but practice but can't be done
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Plessy v Ferguson
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separate but equal is sep. but equal const? yes, leading to segregated public facilities
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Weeks v US
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exclusionary rule (fed) is using evidence gained through illegal methods against somebody constitutional? nope, first application of exc. rule
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Schenk v US
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clear and present danger test were the limited civil liberties during WWI const? yes, there were greater restrictions on first amend rights, "clear and present danger" test (can't say "fire" in movie theater)
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Gitlow v NY
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incorporation doctrine, bill of rights to state is freedom of speech protected by bill of rights when talking about gov't? it was okay for Gitlow to publish his communism ideas b/c it didn't lead to violent acts
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Near v Minnesota
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prior restraint (censorship before publishing) is it violation of 1&14 amend to censor newspapers and target publishers? yeah, state censorship = unconst.
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Korematsu v US
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Japanese relocation/interment is it const. to relocate Jap. Americans b/c of race? Yes b/c during war time, war > personal rights (they were later compensated money for their troubles)
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Brown v Board of Education
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racial segregation, led to desegregation of schools overturned plessy v. ferguson, deseg. of schools, equal opportunity to all races
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Roth v US
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unprotected obscenity how do you define obscenity, is it protected by const? it isn't protected, has to be accepted by normal members of society
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NAACP v Alabama
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Right to associate (gather together) did Alabama's requirement violate due process clause of 14th amend? required it to reveal to state attorney home/address of agents in state used to prohibit NAACP from functioning, blacks have rights, can't be violated w/o reason (I copied this from Ian and his writing was messy and I don't really get this case but anyways, yeah..)
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Mapp v Ohio
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exclusionary rule (state level) does exc. rule also apply to states? yep! limits search and seizure, legally and properly gather evidence, needs probable cause
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Baker v Carr
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one person, one vote what is equal representation? some rural districts have less people than urban areas, unfair b/c they might get more rep (based on the person ratio), census will help, redistricting the court, equal rep. of electoral districts
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Engle v Vitale
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school prayer unconstitutional is school recited prayer legal? nope, state officials can't require prayers to be recited at public schools or compose official school prayer
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Gideon v. Wainwright
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felon's right to counsel are those charged with felony entitled to representation? do citizens have right to counsel? yep! they all have rights to do this, second half of miranda rights derived from this
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NYT v Sullivan
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actual malice of public officials is media allowed to publish misleading info, libel, slander, etc? nope! set "actual malice standard"f or determining libel (pretty hard to prove malicious intent)
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Griswold v Connecticut
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right to marital privacy, penumbras (unstated liberties) is there a right to privacy, family planning, and marital rights? yep, contraceptives are ok, married couples do what they want, reference for future cases
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Miranda v Arizona
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right to remain silent, no self incrimination (5th amend) do arrested people have right to consult attorney before/during interrogation? yep! everyone does
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Tinker v. Des Moines Independent School District
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Student symbolic speech/black arm bands Do public school students have free expression rights in 1st amendment? Yes, freedom of symbolic speech granted to students if doesn't interrupt peace
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Lemon v. Kurtzman
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government aid to religious schools Is it considered a violation of the 1st amendment's establishment clause if states provide financial aid to religious institutions? Created 3 pronged test to check whether legislation for religion const. or not (1. secular legislative purpose 2. neither advance/inhibit religion 3. no "excessive gov't entanglement" w/ religion)
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NY times vs. US
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Pentagon Papers Should the press be able to publish confidential war info during wartime? Yes, it is protected under the 1st amendment's freedom of press/ speech
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Reed v. Reed
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womens' rights and equal protection clause Are men/women equal to each other? Can both own estates?
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Wisconsin v. Yoder
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Amish dudes Can you break the law for religious reasons when it comes to education? Yes, can drop out of school for religious purposes after 8th grade (specifically aimed towards Amish bc they are self-sufficient)
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Miller v. California
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obscenity test/DEFINITION What determines obscenity? Development of Miller test: 1) Is it porn? 2) Does it show various aspects of sex? 3) Does it lack any serious artistic, literary, political purpose?
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Roe v. Wade
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legalized abortion Should abortion be legalized? Yes, 14th amendment secured right to privacy of personal liberty and due process clause
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US v. Nixon
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Watergate scandal/ Executive privilege (no constitutional guarantee) How powerful is executive privilege? Supreme Ct. has final say and no one is above law, including president
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Buckley v. Valeo
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campaign finance reform Are limits place on campaign funding justified and constitutional? Yes, to a certain extent. Struck down limits placed on personal funds towards own campaign, however.
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Gregg v. Georgia
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Death penalty constitutional Would the death sentence of Gregg be ruled as cruel and unusual punishment? Death penalty must have objective criteria and judge/jury determine defendant's character
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Regents of UC v. Bakke
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affirmative action and racial quotas Are whites also protected by the 14th amendment? Yes, use of racial quotas in admissions unconstitutional, Bakke accepted into UC Davis
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McCleskey v. Kemp
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Death penalty vs. racial discrimination (applied fairly) Can you use racial discrimination as an excuse to appeal the death penalty? Upheld the death penalty, and said that the death penalty is not racist.
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Hazelwood School District v. Kuhlmeier
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student freedom of press Does the censorship of school newspapers violate 1st amendment rights? No, can censor for educational purposes and protection of other students' privacy
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Texas v. Johnson
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flag burning Can the US flag be desecrated? yes, protected symbolic speech
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Oregon v. Smith
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illegal drugs banned in religious ceremonies Should religious groups be able to ignore generally applicable laws? Drugs in religious observances still illegal
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Planned Parenthood v. Casey
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Abortion REGULATION Can abortion rights be regulated? Need 24 hr. waiting period before you can get abortion, minors need judicial/parent consent, wife does NOT need consent of their spouse
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Clinton v. NY
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line-item veto Should the pres. be allowed to use line-item veto? No, sucka
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Bush v. Gore
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voting recount unconstitutional Did florida conduct a legal recount of votes? The Ct. sided w/ Bush, and Bush won electoral vote in Florida
