SCOTUS Cases Flashcards
Marbury v. Madison (1803)
Marshall Court
Judicial Review
McCulloch v. Maryland (1819)
Marshall Court
Federal supremacy; implied powers
Gibbons v. Ogden (1824)
Marshall Court
interstate commerce clause; federal supremacy
Gitlow v. New York (1925)
speech that has a tendency to result in actions dangerous to public security are not protected. Even if no clear and present danger. SCOTUS nationalizes BoR
CA regents v. Bakke (1978)
affirmative action quotas are unconstitutional
Brown v. Board of Ed
public facilities must desegregate; overturned Plessy v. Ferguson (separate but equal)
Lemon v. Kurtzman
Lemon Test: laws must have a secular purpose, may not aid/inhibit religion, separate church and state
Schenk v. US (1919)
speech that creates a clear and present danger is not protected
Chaplinsky v. NH
“fighting words” are not protected speech
Tinker v. Des Moines (1969)
wearing black armbands to protest Nam was protected– symbolic speech is protected
Texas v. Johnson (1997)
flag burning is aight
Mapp v. Ohio (1961)
evidence obtained without a warrant is inadmissible in state courts. Exclusionary Rule: deters illegal policing
Miranda v. AZ (1966)
suspects in custody must be informed of rights
Civil Rights Act of 1957
people cannot be prevented from voting
Substantive Due Process
Involves the policies of government or the subject matter of laws; fairness and constitutionality
Procedural Due Process
Method of government action or executing a law
Pure Speech
verbal; most protected
Speech Plus
verbal with symbolic speech; may be limited
Symbolic Speech
using actions and symbols to convey a message; limited to protect public safety
INS v. Chada (1983)
legislative veto is unconstitutional
Warren Court
1953–1969
most liberal
civil rights and liberties
Burger Court
1969–1986
narrowing rights of defendants, conservative
Rehnquist and Robert Courts
1986–present
conservative courts, limited but did not reverse previous liberal rulings
