Essencial Court Cases Flashcards
The Federal Government can create a bank
This is an implied power (not named but implied in the Constitution)
The supremacy clause is upheld
McCulloch v. Maryland
A student brought a gun to school saying that he had a right to carry it
S.C. said that guns in a Texas school zone cannot be regulated under the commerce clause (14th Amend/Article 1)
Federal Government was struck down and State wins over Federal
US v. Lopez
Refusing to redistrict (divide an area into new political or school districts) violates the equal protection clause (14th Amendment)
Federal Government can require states to redistrict after “the census” (gaining info about the population)
Baker v. Carr
Carr -> 2 “R’s” could mean “refuse” and “redistrict”
Redistricting by race must be strict scrutiny under equal protection clause (14th Amendment)
Everyone needs to be equally represented. (Don’t give an area or certain group of people an advantage)
Shaw v. Reno
Shaw -> “S” for “strict” : Reno -> “R” for “redistrict” + “race”
Judicial review is a right of the Supreme Court
The right to declare laws unconstitutional
One of the checks and balances
Marbury v. Madison
No prayer in school
Violates the Establishment Clause of the 1st Amendment
Engle v. Vitale
Engle -> Think “angel” + “establishment” : Vitale -> Think “violate”
The Amish didn’t want to send their children to school past the 8th grade
Ruled: Free Exercise clause protected by the 1st Amendment. Unanimous decision in favor of Yoder.
Wisconsin v. Yoder
Students wore black armbands in school
Their symbolic speech was upheld and protected by the 1st Amendment
Tinker v. Des Moines
Speech is protected unless you present a clear and present danger
“You can’t yell fire in a crowded theatre.”
Schenck v. USA
Freedom of the press (1st Amendment)
No prior restraint (stopping the press from publishing the truth) if it doesn’t violate National Security
New York Times v. US
NewYorkTimes -> Think “press” + “magazine” : US -> Think “nation(al)”
Right to bear arms (2nd Amendment)
The state can’t put limits on a person’s right to have guns (selective incorporation)
Used the 14th Amendment to apply the 2nd Amendment to the states
Equal protection of all citizens from Federal + State Govt.
McDonald v. Chicago
Hint: Chicago -> Think “Chicago PD”, “guns”, and “protection”
The right to a lawyer cannot be denied by the state or Federal Government (6th Amendment)
Uses selective incorporation to apply the Bill Of Rights to state governments
Gideon v. Wainwright
Wainwright -> Think “wright”, “right”, “Wainwright”, and “Lawyer”
Desegregation must happen
Upheld the 14th Amendment Equal Protection act
Brown v. Board of Education
Hint: Brown -> Desegregation
Corporations can spend unlimited money on campaigns
Money is speech (1st Amendment)
Citizens United v. FEC
Citizen United -> Civs mad abt money waste : FEC -> Election/Campaign Ad
The right to remain silent is guaranteed by the 5th Amendment
Miranda v. Arizona
