Court Cases Flashcards

1
Q

Marbury vs Madison

A

Established the principal of Judicial Review

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2
Q

Judicial Review

A

The right of the court to determine the constitutionality of law

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3
Q

Fletcher vs Peck

A

The first time the federal courts declared a state law to be unconstitutional

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4
Q

McCulloch vs Maryland

A

The Bank of the US was declared constitutional

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5
Q

The Constitution gives Congress the authority to what

A

Carry out the powers expressly granted in the “necessary and proper clause”

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6
Q

Ableman vs Booth

A

When a person is in federal custody the state doesn’t have jurisdiction

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7
Q

Texas vs White

A

Secession is not constitutionally possible

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8
Q

Guinn vs United States

A

The court overruled an Oklahoma “grandfather clause” because the intent was to disfranchise blacks and violate the 15th Amendment

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9
Q

Baker vs Carr

A

The division of voters where members of the state legislature are chosen must be equal
“One man, one vote”

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10
Q

Harper vs Virginia State Board of Elections

A

The poll tax, as a requirement for voting, is unconstitutional

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11
Q

Kirkpatrick vs Preisler

A

All districts must have equal population

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12
Q

Kilbourn vs Thompson

A

The investigative powers of Congress are limited to matters within its proper sphere, on which it has shown an intent to legislate

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13
Q

Gibbons vs Ogden

A

The court reaffirmed that Congress has the authority to regulate foreign and domestic trade

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14
Q

Selective Draft Law Cases

A

The draft is constitutional

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15
Q

Kendall vs United States

A

If Congress tells an officer to do something they have to do it

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16
Q

Clinton vs New York City

A

Congress lacks the power to give the president a line-item-veto. Only a constitutional amendment can grant an line-item-veto

17
Q

Chaplinsky vs New Hampshire

A

Free speech doesn’t include harmful speech

18
Q

Dennis vs United States

A

Freedom of speech does not include any actions that’s goal is the violence overthrow of the United States in peacetime or war

19
Q

Tinker vs Des Moines School District

A

Students may express personal opinions as long as they do not materially disrupt classwork, create substantial disorder, or interfere with the rights of others

20
Q

Board of Education of Westside Community Schools vs Mergens

A

Allowing students to meet on campus and discuss religion is constitutional because it does not amount to “state sponsorship of a religion”

21
Q

Eichman vs United States

A

Flag burning constitutes expressive conduct, and thus is entitled to constitutional protection

22
Q

Gideon vs Wainwright

A

Every felony defendant must be provided with a lawyer regardless of the defendants ability to pay

23
Q

Escobedo vs Illinois

A

Everyone has a right to a lawyer. The Government has to let a person know that they have the right to remain silent.

24
Q

Miranda vs Arizona

A

A suspect in the hands of police authorities must be clearly informed of his rights prior to any questioning

25
Q

Gregg vs Georgia

A

The death penalty does not violate the constitution

26
Q

Munn vs Illinois

A

The federal government can regulate public utilities

27
Q

Standard Oil Company vs United States

A

The company was ordered to dissolve because it was using its economic power to restrain trade in violation of the Sherman Anti-Trust Act of 1890

28
Q

Roe vs Wade

A

The court declared a state law outlawing abortion unconstitutional because the law violated the due-process clause of the 14th Amendment which protects the right of privacy

29
Q

Plessy vs Ferguson

A

Separate but equal accommodations for the races is constitutional

30
Q

Brown vs Board of Education of Topeka, Kansas

A

“Separate but Equal” in the public school system is unconstitutional