Required Cases Flashcards
Marbury v. Madison
-1803
The Supreme Court has judicial review over the other 2 branches. (Judicial review established)
McCulloch v. Maryland
-1819
The Necessary and Proper Clause is elastic, and the federal government is supreme. (Supremacy clause and implied powers)
National government has the right to establish a national bank
United States v. Lopez
-1995
Regulated congress’s power under the Commerce clause
Congress can’t use the commerce clause to criminalize carrying a gun in school
Engel v. Vitale
-1962
No religion in public school due to the establishment clause; no government sponsorship/affiliation with religion
No public school sponsored prayers
Wisconsin v. Yoder
-1972
Individuals can practice religion in school as a student; free exercise clause
Compulsory school attendance laws violate the Free Exercise Clause
Tinker v. Des Moines Independent Community School District
-1969
Free speech in schools, freedom of speech, symbolic speech are all protected
The First Amendment protects students’ free speech in schools, including symbolic speech
Schneck v. United States
-1919
Free speech doesn’t have to be honored if there is a “clear and present danger”
The “clear and present danger” test is established for speech protection
New York Times Co. v. United States
-1971
Govt cannot restrain the press; freedom of the press
Clear and present danger needed to restrict free speech
McDonald v. Chicago
-2010
States must respect the Bill of Rights/Right to bear arms
Right to keep and bear arms applies to states, no rules against gun possession
Gideon v. Wainwright
-1963
All accused are entitled to legal counsel
If you’re too poor to pay for an attorney, one will be provided to you
Roe v Wade
-1973
Women have the right to an abortion due to the previously determined standard of the right to privacy
Overturned June 2022
