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Court Cases
| Term | Definition |
|---|---|
| Marbury v. Madison | established judicial review; "midnight judges;" John Marshall; "the power of the Supreme Court |
| McCulloch v. Maryland | established national supremacy; est. implied powers; use of elastic clause; state unable to tax federal institution; John Marshall; "the power to tax involves the power to destroy" |
| Gibbons v. Ogden | Congress can legislate and regulate all matters of interstate commerce as long as there is some commercial connection with another state |
| Plessy v. Ferguson | est. separate but equal |
| Schenck v. US | Oliver Wendell Holmes; clear and present danger test; shouting "fire" in a crowded theater; limits on speech, especially in wartime |
| Gitlow v. NY | est. precedent of federalizing Bill of Rights (applying them to the states); states cannot deny freedom of speech protected through due process clause of the 14th amendment |
| Brown v. Board of Education | School segregation unconstitutional; segregation psychologically damaging to blacks; overturned separate but equal; use of 14th amendment; judicial activism of Warren Court; unanimous decision |
| Brown v. Board, 2nd | ordered schools to desegregate "with all due and deliberate speed" |
| Mapp v. Ohio | established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism |
| Engel v. Vitale | Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st amendment's establishment clause and 14th amendment's due process clause; Warren Court's judicial activism |
| Baker v. Carr | "one man, one vote;" ordered state legislative districts to be as near equal as possible in population; Warren Court's political judicial activism |
| Gideon v. Wainwright | ordered states to provide lawyers for those unable to afford them in criminal proceedings; Warren Court's judicial activism in criminal rights |
| Wesberry v. Sanders | ordered House districts to be as near equal in population as possible |
| Heart of Atlanta Motel v. US | Congress has a right to regulate individual businesses in the interest of interstate traveling |
| Griswold v. Connecticut | est. right of privacy through the 4th and 9th amendments |
| Miranda v. Arizona | est. Miranda warnings of counsel and silence; must be given before questioning; Warren Court's judicial activism in criminal rights |
| Tinker v. Des Moines | "Students do not shed their constitutional rights at the schoolhouse gate, and therefore are entitled to the free expression of their views as long as there is no substantial or material interference of the educational process" |
| NY Times v. US | Pentagon Papers; In order to exercise prior restraint, the gov must show sufficient evidence that the publication would cause a "grave and irreparable" danger |
| Lemon v. Kurtzman | established 3-part test to determine if establishment clause is violated: nonsecular purpose, advances/inhibits religion, excessive entanglement with government |
| Roe v. Wade | est. national abortion guidelines; trimester guidelines: no state interference-1st, state may regulate to protect health of mother-2nd, and state may regulate to protect health of unborn child-3rd. Inferred from right of privacy est. in Griswold v. Conn. |
| US v. Nixon | allowed for executive privilege, but not in criminal cases; "Even the president is not above the law;" Watergate |
| UC Regents v. Bakke | Alan Bakke and UC Davis Medical School; strict quotas unconstitutional, but states may allow race to be taken into account as ONE factor in admission decisions. Bakke admitted. |
| Hazelwood v. Kuhlmeier | Supreme Court rules that freedom of the press does not extend to school newspapers, identifying such paper as a curricular device |
| Texas v. Johnson | struck down a Texas law that banned flag burning, which the Court declared was constitutional by the 1st amendment |
| Planned Parenthood v. Casey | states can regulate abortion, but not with regulations that impose "undue burden" upon women; did not overturn Roe v. Wade, but gave states more leeway in regulating abortion (24 wait, parental consent for minors) |
| Shaw v. Reno | No racial gerrymandering; race can't be sole or predominate factor in redrawing legislative boundaries; majority-minority districts |
| US v. Lopez | Gun Free School Zones Act exceeded congress' authority to regulate interstate commerce |
| Clinton v. NY | banned presidential use of line item veto |
| Lawrence v. Texas | using right of privacy, struck down Texas law banning sodomy |
| Gratz v. Bollinger | struck down use of "bonus points" for race in undergrad admissions at University of Michigan |
| Grutter v. Bollinger | allowed the use of race as a general factor in law school admissions at University of Michigan |
| District of Columbia v. Heller | Supreme Court held that a constitutional right to gun ownership - irrespective of service in state military - did exist |
| Citizens United v. Federal Election Commission | part of the Bipartisan Campaign Reform Act prohibiting unions and corporations organizations from broadcasting electioneering communications within 60 days of general election or 30 days of primary election violates free speech clause of the 1st amendment |
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