Court Cases Flashcards
1
Q
Marbury v Madison
A
- established Judicial Review
- Article 3, Section 3 of the Judiciary Act
- issues with commissions, when presidents were changing, in which Madison refused to send in the commission
2
Q
US v Lopez
A
- Commerce Clause
- Because education impacts the success of the economy and hence interstate commerce, they were able to use the commerce clause to convict Lopez of bringing a gun on school grounds
- First case that took AWAY power from congress
3
Q
Baker v Carr
A
- Redrawing of Tennessee district lines
- Rural populations had more voting power over Urban populations before redrawn
- 14th amendment, equal protections clause, right that one vote won’t count more than another vote
- States were required to redraw districts in a way in which equally represented all the people
4
Q
Tinker v Des Moines
A
- Student’s wore armbands in support of the Vietnam truce, as a result of the JFK speech –> student’s suspended under being a distraction
- 1st amendment, freedom of speech
- set precedent that made it hard for schools to limit student’s freedom of speech
5
Q
Citizens United v FEC
A
- BCRA law which didn’t allow outside corporations to influence electoral communications 60 days before elections or 30 before a primary
- 1st amendment, freedom of speech
- Ruled with Citizens United
- Established that corporations act as associations of individuals in which the liberties of the citizens expand to those of the corporation
- basically court was confirming notion that money = voice and the more money someone has, the bigger the voice
6
Q
New York Times v US
A
- Pentagon Papers
- Papers released and published by New York Times and Wallstreet in which came out that Nixon and the federal government was lying and censoring the US population to the situation in Vietnam
- 1st amendment, freedom of the press
- Ruled with NYT in which the papers were able to be published
7
Q
Yoder v Wisconsin
A
- Amish v School Attendance –> students required to stay in school until they were 16, but bc of religion, the Amish took their children out earlier
- 1st amendment, free exercise clause
- 14th amendment states not allows to make or enforce policy that abridges upon citizens liberties
- Ruled with Yoder family,
8
Q
Engle v Vitale
A
- School prayer
- 1st amendment, establishment clause
- 14th amendment, that states cannot make policy that abridges upon the rights of the people
- Prayer DID violate the 1st amendment
- Separation of church and state
9
Q
Brown v Board of Education
A
10
Q
McCulloch v Maryland
A
- Implied v Expressed Powers
- Did congress have the power to create a national bank, did Maryland have the power to tax it
- Congress did have the power to create a national bank and Maryland could not tax it
- Expanded the powers of Congress (implied powers)
- Necessary and Proper Clause, Supremacy Clause
11
Q
Schenck v US
A
- Schenck wrote a paper encouraging men to resist the draft of WW1
- 1st amendment, freedom of speech
- Ruled against Schenck in that bc he was activity encouraging men to resist the draft, he was committing espionage
- “Clear and present danger” –> yelling FIRE in a theater, which cause chaos
12
Q
Gideon v Wainwright
A
- Gideon convicted of thievery, but not provided an attorney during his trial, in which we was convicted
- 6th amendment case, right to an attorney
- 14th amendment (there) but not the focus of the case, equal protections clause
- Selective incorporation
13
Q
Shaw v Reno
A
- Racial Gerrymandering
- Districts cannot be drawn in favor of one race over another
- 14th amendment, equal protections clause
14
Q
McDonald v Chicago
A
- Handgun laws of Chicago were very strict and McDonald wanted one because his neighborhood was dangerous
- 2nd amendment case, limiting the right to bear arms
- 14th amendment
- Ruled with McDonald, and made all states change gun precent and restrictions
15
Q
Declaration of Independence
A
