Midterm Review Flashcards
Barron v. Baltimore
1833 city construction ruining water compensation, The Court ruled that the Bill of Rights did not apply to the state governments (in particular the 5th here), establishing a precedent until the ratification of the Fourteenth Amendment to the United States Constitution.
Dred Scott v. Sandford
Dred Scott fleed slavery and stayed in a territory wherein he was free, People of African American decent were not allowed to vote regardless of if they were free or enslaved.
Gibbons v. Ogden
Steamboat Case, Established that federal regulation of commercial commerce and navigation took precedence over state law.
Gideon v. Wainwright
The sweet-looking man, Legal council during a trail, Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own.
Gitlow v. New York
Socialist Case where guy was giving out “left wing manifesto” advocating overthrow of the government, began the incorporation doctrine via protecting the first amendment’s free speech clause under the 14th amendment’s due process clause under states. The guy still got imprisoned anyway lmao.
Mapp v. Ohio
Woman Confiscation Case, Established the exclusionary rule which prohibits the use of illegally obtained material in a trial.
Marbury v. Madison
1803, Early Federalism moment, Judges getting jobs case. Established judiciary review wherein the Supreme Court contrasts cases and powers against that of the Constitution, wherein the latter hold supreme law. Also was about the Supreme Court rulling on itself and stricking down the Judiciary Act of 1789.
McCulloch v. Maryland
Congress had the power to charter The Second Bank and the Federal Government held power over State Power given the Neccessary and Proper Clause of Article I, Section 8. Moreover, it was established that the Constitution was the supreme law of the land.
Near v. Minnesota
Newspaper published an “obscene” report about officials being in bed with gangsters which violated the “Public Nuisance Law”. Established the doctrine of Prior Restraint and further advanced the doctrine of incorporation under the 1st amendment through the 14th stating that states could not proactively cease publication of material unless it threated military security or incited violence, but only maybe.
New York Times v. Sullivan
Reinforced libel laws insofar as they are protected under the first amendment. Given that an individual published a piece or report with “actual malice”, then it would not be protected under the first amendment.
Plessy v. Ferguson
Separate but equal, the equal protection clause does not extend to discrimination.
Regents of the University of California v. Bakke
A white guy would have gotten into medical school but there were 16 positions held aside for minority students (all of whom he surpassed in qualifications). Colleges which used affirmative action to set aside particular positions for persons of an ethinic minority violated the equal protections clause of the 14th amendment, however, this did not mean they could not use race as a factor in application.
Schenck v. United States
The Supreme Court deemed that the 1917 Espionage Act permited certain violations of the first amendment given wartime privileges.
Texas v. Johson
The Supreme Court upheld that the burning of the American Flag was protected under the first amendment as symbolic speech.
Voting Rights Act of 1965
Outlawed many voting restrictions instituted by states after the civil war such as literacy tests.
