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AP US Government And Politics > Court Cases > Flashcards

Court Cases Flashcards

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1
Q

McCulloch vs Maryland (1819)

A

FEDERAL-STATE RELATIONS- The Constitution’s “necessary and proper” clause permits Congress to take actions (in this case, a national bank) when it is essential to a power that Congress has (in this case, managing currency).

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2
Q

Gibbons vs. Ogden (1824)

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FEDERAL-STATE RELATIONS- The Constitution’s commerce clause gives the national government exclusive power to regulate interstate commerce.

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3
Q

Wabash, St. Louis and Pacific Railroad v. Illinois (1886)

A

FEDERAL-STATE RELATIONS- The states may not regulate interstate commerce.

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4
Q

United States v. Lopez (1995)

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FEDERAL-STATE RELATIONS- The national government’s power under the commerce clause does not permit it to regulate matters not directly related to interstate commerce (In this case, banning firearms in a school zone)

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5
Q

Gitlow v. New York (1925)

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INCORPORATION- Supreme Court says the First Amendment applies to states.

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6
Q

Palko v. Connecticut (1937)

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INCORPORATION- Supreme Court says that states must observe all “fundamental” liberties.

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7
Q

Schenck v. United States (1919)

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FREE SPEECH- Speech may be punished if it creates a clear-and-present-danger test of illegal acts.

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8
Q

Caplinsky v. New Hampshire (1942)

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FREE SPEECH- “Fighting words” are not protected by the First Amendment.

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9
Q

New York Times v. Sullivan (1964)

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FREE SPEECH- To libel a public figure, there must be “actual malice.”

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10
Q

Tinker v. Des Moines (1969)

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FREE SPEECH- Public school students may wear armbands to class protesting against America’s war in Vietnam when such a display does not disrupt class.

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11
Q

Miller v. California (1973)

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FREE SPEECH- Obscenity defined as appealing to prurient interests of an average person with materials that lack literary, artistic, political, or scientific value.

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12
Q

Texas v. Johnson (1989)

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FREE SPEECH- There may not be a law to ban flag-burning.

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13
Q

Reno v. ACLU (1997)

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FREE SPEECH- A law that bands sending “indecent” material to minors over the internet is unconstitutional because “indecent” is too vague and broad a term.

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14
Q

McConnell v. Federal Election Commission (2003)

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FREE SPEECH- Upholds 2002 campaign finance reform law.

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15
Q

FEC v. Wisconsin Right to Life (2007)

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FREE SPEECH- Prohibits campaign finance reform law from banning political advocacy.

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16
Q

Pierce v. Society of Sisters (1925)

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RELIGIOUS FREEDOM- Though states may require public education, they may not require that students attend only public schools.

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17
Q

Everson v. Board of Education (1947)

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RELIGIOUS FREEDOM- The wall-of-separation principle is announced.

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18
Q

Zorauch v. Clauson (1952)

A

RELIGIOUS FREEDOM- States may allow students to be released from public schools to attend religious instruction.

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19
Q

Engel v. Vitale (1962)

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RELIGIOUS FREEDOM- There may not be a prayer, even a nondenominational one, in public schools.

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20
Q

Lemon v. Kurtzman (1971)

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RELIGIOUS FREEDOM- Three tests are described for deciding whether the government is improperly involved with religion.

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21
Q

Lee v. Weisman (1992)

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RELIGIOUS FREEDOM- Public schools may not have clergy lead prayers at graduation ceremonies.

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22
Q

Santa Fe Independent School District v. Doe (2000)

A

RELIGIOUS FREEDOM- Students may not lead prayers before the start of a football game at a public school.

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23
Q

Zelman v. Simmons-Harris (2002)

A

RELIGIOUS FREEDOM- Voucher plan to pay school bills is upheld.

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24
Q

Mapp. v. Ohio (1961)

A

CRIMINAL CHARGES- Evidence illegally gathered by the police may not be used in a criminal trial.

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25
Q

Gideon v. Wainwright (1964)

A

CRIMINAL CHARGES- Persons charged with a crime have a right to an attorney even if they cannot afford one.

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26
Q

Miranda v. Arizona (1966)

A

CRIMINAL CHARGES- Court describes ruling that police must give to arrested persons.

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27
Q

United States v. Leon (1984)

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CRIMINAL CHARGES- Illegally obtained evidence may be used in a trial if it was gathered with good faith without violating the principles of Mapp. v. Ohio.

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28
Q

Dickerson v. United States (2000)

A

CRIMINAL CHARGES- The Mapp decision is based on the constitution and it cannot be altered by Congress passing a law.

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29
Q

Rasul v. Bush and Hamdi v. Rumsfeld (2004)

A

CRIMINAL CHARGES- Terrorist detainees must have access to a neutral court to decide if they are legally held.

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30
Q

Dred Scott Case (Scott v. Sanford, 1857)

A

CIVIL RIGHTS- Congress had no authority to ban slavery in a territory. A slave was considered a piece of property.

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31
Q

Plessey v. Ferguson (1896)

A

CIVIL RIGHTS- Upheld separate-but-equal facilities for white and black people on railroad cars.

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32
Q

Brown v. Board of Education (1954)

A

CIVIL RIGHTS- Said separate public schools are inherently unequal, thus starting racial desegregation.

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33
Q

Green v. County School Board of New Kent County (1968)

A

CIVIL RIGHTS- Banned a freedom-of-choice plan for integrating schools, suggesting blacks and whites must attend racially mixed schools.

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34
Q

Swann v. Charlotte-Mecklenburg Board of Education (1971)

A

CIVIL RIGHTS- Approved busing and redrawing district lines as ways of integrating public schools.

35
Q

Reed v. Reed (1971)

A

WOMEN’S RIGHTS- Gender discrimination violates the equal protection clause of the Constitution.

36
Q

Craig v. Boren (1976)

A

WOMEN’S RIGHTS- gender discrimination can only be justified if it serves “important governmental objectives” and be “substantially related to those objectives.”

37
Q

Rostker v. Gouldberg (1981)

A

WOMEN’S RIGHTS- Congress cannot draft men without drafting women.

38
Q

United States v. Virginia (1996)

A

WOMEN’S RIGHTS- State may not finance an all-male military school.

39
Q

Griswold v. Connecticut (1965)

A

PRIVACY AND ABORTION- Found a “right to privacy” in the Constitution that would ban any state law against selling contraceptives.

40
Q

Roe v. Wade (1973)

A

PRIVACY AND ABORTION- State laws against abortion were unconstitutional.

41
Q

Planned Parenthood v. Casey (1992)

A

PRIVACY AND ABORTION- Reaffirmed Roe v. Wade but upheld certain limits on its use.

42
Q

Gonzales v. Carhart (2007)

A

PRIVACY AND ABORTION- Federal law may ban certain forms of partial birth abortion.

43
Q

Regents of the University of California v. Bakke (1978)

A

AFFIRMATIVE ACTION- In a confused set of rival opinions, the decisive vote was cast by Justice Powell, who said that a quota-like ban on Bakke’s admission was unconstitutional but that “diversity” was a legitimate goal that could be pursued by taking race into account.

44
Q

United Steel Workers v. Weber (1979)

A

AFFIRMATIVE ACTION- Despite the ban on racial classifications in the 1964 Civil Rights Act, this case upheld the use of race in an employment agreement between the steelworkers union and the steel plant.

45
Q

Richmond v. Croson (1989)

A

AFFIRMATIVE ACTION- Affirmative action plans must be judged by the strict scrutiny standard that requires any race-conscious plan to be narrowly tailored to serve a compelling interest.

46
Q

Grutter v. Bollinger and Gratz v. Bollinger (2003)

A

AFFIRMATIVE ACTION- numerical benefits cannot be used to admit minorities into college, but race can be a “plus factor” in making those decisions.

47
Q

Parents v. Seattle School District (2007)

A

AFFIRMATIVE ACTION- Race cannot be used to decide which students may attend especially popular high schools because this was not “narrowly tailored” to achieve a “compelling” goal.

48
Q

Lawrence v. Texas (2000)

A

GAY RIGHTS- State law may not ban sexual relations between same-sex partners.

49
Q

Boy Scouts of America v. Date (2000)

A

GAY RIGHTS- A private organization may ban gays from its membership.

50
Q

Erznoznik v. Jacksonville (1975)

A

FIRST AMENDMENT- protects the right to show nudity, in this case at a drive I movie theater. It is up to the unwilling viewer on the public streets to avert his or her eyes.

51
Q

Greer v. Spock (1976)

A

FIRST AMENDMENT- military reservations are not like public streets or parks, and thus civilians can be excluded from them, especially if such exclusion prevents the military from appearing to be the handmaiden of various political causes.

52
Q

Linmark Associates v. Willingboro (1977)

A

FIRST AMENDMENT- prohibits the banning of signs, even of commercial nature,without a strong, legitimate state interest.

53
Q

Cox Broadcasting Corp. v. Cohn (1975)

A

FIRST AMENDMENT- protects the right to broadcast the names of rape victims obtained from public court records.

54
Q

Miami Herald Publishing Co. v. Tornillo (1974)

A

FIRST AMENDMENT- prohibits state from intruding into the function of editors.

55
Q

Zacchini v. Scripps-Howard Broadcasting co. (1977)

A

FIRST AMENDMENT- broadcasting an entire human cannonball act without the performers consent jeopardized his means of livelihood, even though the first amendment would guarantee the right of the station to broadcast newsworthy facts about the act.

56
Q

Near v. Minnesota (1931)

A

RIGHTS OF THE MEDIA- freedom of press app,IRS to state governments, so that they cannot impose prior restraint on newspapers.

57
Q

New York Times v. Sullivan (1964)

A

RIGHTS OF THE MEDIA- public officials many not win a libel suit unless they can prove that the statement was mad knowing it to be false or with reckless disregard of truth.

58
Q

Miami Herald v. Tornillo

A

RIGHTS OF THE MEDIA- a newspaper cannot be required to give someone a right to reply to one of its stories.

59
Q

Webster v. Reproductive Health Services (1989)

A

PRIVACY AND ABORTION- allowed started to ban abortions from public hospitals and permitted doctors to test to see if fetuses were viable.

60
Q

Curtiss-Wright Export Corp. v. United States (1934)

A

FOREIGN AFFAIRS- American foreign policy is vested entirely in the federal government when the president has plenary power.

61
Q

Korematsu v. United States (1944)

A

FOREIGN AFFAIRS- sending Japanese Americans to relocation centers during World War II was based on acceptable military justification.

62
Q

Youngstown Sheet and Tube co. V. Sawyer (1952)

A

FOREIGN AFFAIRS- the president Mary not seize factories during appear time without explicit congressional authority even when they are threatened with a strike.

63
Q

Hamdi v. Rumsfeld (2004)

A

FOREIGN AFFAIRS- an American citizen in jail because he allegedly joined the Taliban extremist group whisk have access to a “neutral decision maker.”

64
Q

Rasul v. Bush (2004)

A

FOREIGN AFFAIRS- foreign nationals held at Guantanamo Bay because they are believed to be terrorists have a right to bring their cases before an American court.

65
Q

Buckley v. Valeo (1974)

A

FINANCING ELECTIONS- held a law limiting contributions to political campaigns was constitutional but that one restricting a candidate’s expenditures of his or her own money was not.

66
Q

McConnel v. Federal Election Commission (2002)

A

FINANCING ELECTIONS- upheld a law prohibiting corporations and labor unions from running ads that mention candidates and their positions for 60 days before a federal general election.

67
Q

Union Electric Co. v. Environmental Protection Agency (1976)

A

ENVIRONMENT- EPA rules must be observed without regard to their cost of technological feasibility.

68
Q

Chevron v. National Resources Defense Council (1984)

A

ENVIRONMENT- states should comply with EPA decisions, even if not explicitly authorized by statute, provided there are reasonable efforts to attain the goal of the law.

69
Q

Whitman v. American Trucking Association (2001)

A

ENVIRONMENT- allows congress to delegate broad authority to regulatory agencies.

70
Q

Massachusetts v. Environmental Protection Agency (2007)

A

ENVIRONMENT- The EPA must hear a petition asking to regulate greenhouse gasses.

71
Q

Clinton et. al. v. New York et. al. (1998)

A

LINE ITEM VETO- the constitution does not allow the president to cancel specific items in tax and spending legislation.

72
Q

US v. Nixon (1974)

A

PRESIDENTIAL POWER- though the president is entitled to receive confidential advice, he can be required to reveal material related to a criminal prosecution.

73
Q

Nixon v. Fitzgerald (1982)

A

PRESIDENTIAL POWER- the president may not be sued while in office.

74
Q

Clinton v. Jones (1997)

A

PRESIDENTIAL POWER- the president may not be sued for actions taken before he became president.

75
Q

Cumming v. Richmond County Board of Education (1899)

A

CIVIL RIGHTS- a decision in a Georgia community to close the black high school while keeping open the white high school was not a violation of the 14th amendment because blacks could always go to private schools.

76
Q

Marbury v. Madison (1803)

A

POWER OF THE SUPREME COURT- upheld judicial review of congressional acts.

77
Q

Martin v. Hunter’s Lessee (1816)

A

POWER OF THE SUPREME COURT- can review the decisions of the highest state courts if they involve a federal law or the federal constitution.

78
Q

Ex Parte McCardle (1869)

A

POWER OF THE SUPREME COURT- allowed congress to change the appellate jurisdiction of the Supreme Court.

79
Q

Lochner v. New York (1905)

A

COMMERCE- struck down as unconstitutional a New York law by limiting the number of hours that may be worked by bakers.

80
Q

Muller v. Oregon (1980)

A

COMMERCE- upheld as constitutional an Oregon law limiting the number of hours worked by women; in effect it overruled the Lochner decision.

81
Q

West Coast Hotel co. V. Parrish (1937)

A

COMMERCE- Upheld as constitutional a Washington state minimum wage law for women

82
Q

Adarand Constructors v. Pena (1995)

A

AFFIRMATIVE ACTION- any racial classification is subject to strict scrutiny.

83
Q

Bowers v. Hardwick (1986)

A

GAY RIGHTS- Georgia was allowed to ban homosexual activity.

84
Q

Romer v. Evans (1996)

A

GAY RIGHTS- Colorado voters had adopted state constitutional amendment making it illegal to protect persons based on gay, lesbian, or bisexual orientation; the court overturns it.

AP US Government And Politics (10 decks)

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