court cases Flashcards
1
Q
Boerne Vs. Flores
A
- 14th amendment
- town of Boerne says no to renovations of church
- Flores church sues saying violated freedom of religion
- court days issue is zoning issue not freedom+ of religion issue
2
Q
Mcdonald Vs Chicago
A
- 2nd & 14th amendment
- chicago had a law baning handguns, mcdonald sued the city bc it violated his 2nd amendment right which should apply to the state and local governments via the 14th amendment
- opened the dor to more cases dismantaling gun control
3
Q
Mapp V Ohio
A
- 4th amendment, exclusionary rule
- tip that mapp was harboring a suspect, instead found porn which was illigal at the time
- unnnecessarry search and seizure
4
Q
Benton vs Maryland
A
- 5th amendment, double jeopardy clause
- tried of burglary and larceny, got convicted for burglary. got a second trial bc he thought his jury was unfair. got convicted for both, said cant do that
- double jeopardy wasn’t part of maryland constituiton so it got incorperated into states
5
Q
McCulloch v Maryland
A
- article I, Section 8 ( Necessary and Proper clause)
- congress used implied power to create the second national bank . Maryland was trying to tax all bank operations.
6
Q
Barron vs. Baltimore
A
- 5th amendment
- Barron says the city diverged water flow, creating problems for his business, sued the city, court said no
- does the 5th amendment allow the state to take private property wo compensating the properties owner
7
Q
Marbury Vs. Madison
A
- Judicial review/ separation of powers
- William Marbury was supposed to get a letter saying he was a justice, Thomas told James not to deliver the letter bc he didn’t want him to be one, which started the petition the writ of mandamus
- it established judicial review and demonstrate the power of the judicial branch
8
Q
Roe Vs. Wade
A
- 14th amendment, right to privacy
- established a womens right to abortion, and prohibited states from making it a criminal act
9
Q
Plessy Vs Feurgeson
A
- separate but equal
- Plessy a man who was 1/8th black sat in a white only car, supreme court ruled that things will be separate but equal.
- established segregation as
.
10
Q
Gibbons vs Ogden
A
- article 1 section 8 “ “commerce among the several states”
- Chief Justice Marshall argued that NY did not have power to grant the monopoly
- established supremacy of the national gov in all matters affecting what later became “interstate commerce”
11
Q
Fletcher vs Peck
A
- Article I, Section 10, Clause I (contract clause)
- Georgia passed a land grant giving territory to 4 companies, the following year the legislature voided the law and declared all rights invalid
- john peck sold the land to fletcher illigally, fletcher says the contract is breached
12
Q
Slaughterhouse cases
A
- 14th amendment (privilege’s and immunities”
- new Orleans slaughter houses were forced to pay one communal slaughterhouse to do business from their location and they protested.
- court ruled that protected only certain narrow fedral rights, not tje protections found in the bill of rights