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AMENDMENTS & CASES
AMENDMENTS AND CASES FOR AP GOV'T EXAM
| Case name or Amendment | Definition |
|---|---|
| Marbury v. Madison | Court established Judicial Review. One of the checks on Congress. |
| McCulloch v. Maryland | Elastic Clause of the Constitution - Congree had the power to create a national bank. "Necessary and Proper" |
| Gibbons v. Ogden | Allowed congress to have wider power over interstate commerce. The opinion of the court stated that commerce includes all kinds of business and trade between nations and the states. |
| Barron v. Baltimore | The state governments are exempt from the entire Bill of Rights. |
| Engle v. Vitale | Declared school prayer unconstitutional |
| Lemon v. Kurtzman | This case attempted to clarify the meaning of separation of church and state. The court established the Lemon test which has three parts. |
| Lee v. Weisman | Writing the majority opinion that preserved previous Supreme Courts precedents that sharply limited the role that religion could play in the nation's public schools. |
| Gitlow v. New York | Extended the 14th amendment to the States. The states are not allowed to violate the rights specified in the 14th amendment and extended the Bill of Rights. |
| Brandenburg v. Ohio | Extended the scope of political speech - allows virtually all political speech, unless it is demonstrably linked to immediate lawless behavior. |
| NY Times v. Sullivan | First amendment protected the press from libel suits unless it could be proved that the press report was made out of malice. |
| Miller v. California | Freedom of speech is not extended to obscene materials. This case defined obscenity. |
| Dred Scott v. Sanford | Nullified the missouri compromise, further tension between north and south. Slaves were not citizens but property, did not have constitutional protection, were not free just because they traveled to a free state or territory. |
| Plessy v. Ferguson | Separate but equal facilities for blacks and whites. |
| Brown v. Board of Education | Reversed Plessy v. Ferguson. Forced the Integration of public schools. Focused on the integration of public schools. Used in 1955 to speed the process of integration. |
| Heart of Atlanta Motel v. U.S. | Defined hotels, restaurants, etc, as interstate commerce because they serve interstate travellers, and are therefore required to follow federal law on interstate commerce. The hotel was no longer allowed to discriminate on the basis of race. |
| UC Regents v. Bakke | Contending that the use of race was permissible as one of several admission criteria. So, the court managed to minimize white opposition to the goal of equality, while extending gains for racial minorities through affirmative action. (OPPOSING QUOTAS) |
| Adarand v. Pena | The Court held that all racial classifications, whether imposed by federal, state, or local authorities, must pass strict scrutiny review. |
| Baker v. Carr | Constitutional challenges to the unequal distribution of voters among legislative districts could be resolved by federal courts. |
| Buckley v. Valeo | Restrictions on individual contributions to political campaigns and candidates does not violate the 1st Amendment. Governmental restriction of expenditures from personal resources and the overall limitation were unconstitutional. |
| Miller v. Johnson | Racial gerrymandering of congressional districts violates the Equal protection clause. |
| Griswold v. Connecticut | The Court ruled that a state unconstitutionally interfered with personal privacy in the marriage relationship when it prohibited anyone, including married couples, from using contraceptives. |
| Roe v. Wade | "fetus" is not a person with constitutional rights therefore protecting a woman’s right to have an abortion. |
| Bowers v. Hardwick | Struck down a Texas state law banning private consensual sex between adults of the same sex. |
| Webster v. Reproductive Health Systems | All regulations on abortion rights during the fourth through sixth months of pregnancy must be related to protecting the health of the mother. The physician must determine before performing the abortion if older than 20 wks if the child could survive. |
| Casey v. Planned Parenthood | Asks whether state abortion regulation has the purpose or effect of imposing an "undue burden," which is defined as a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability." Provision added is to notify father |
| Mapp v. Ohio | Exclusionary Rule - Evidence obtained in violation of the 4th amendment or other amendments may not be used in court. |
| Miranda v. Arizona | Guarantees due process. Must read one’s rights while in custody before questioning. Inform that they have the right to remain silent, that anything they say can and will be used against them, and the right to counsel. |
| Gideon v. Wainwright | Federal defendents must be provided with an attorney at the states expense if one the defendent cannot afford it. |
| 1st Amendment | freedom of speech, assembly, religion, press, and petition |
| 2nd Amendment | a well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms |
| 9th Amendment | rights not specifically mentioned by the constitution should not be assumed not to exist |
| 14th Amendment | exslaves made citizens, "due process" clause applied to states, "equal protection" clause, reduction in congressional representation for states, denying adult males the right to vote southern rebels denied federal office. |
| 4th Amendment | no searches or seizures without warrant |
| 5th Amendment | --self incrimination- -double jeopardy- -grand jury- -eminent domain-- are all protected under the 5th amendment |
| 6th Amendment | a speedy and public trial with an impartial jury. The accused has the right to know what crime they are charged with and to have witnesses for their defense |
| 8th Amendment | excessive bail shall not be required, also No cruel and unusual punishment |
| 10th Amendment | reserved powers |
| 15th Amendment | blacks given right to vote |
| 19th Amendment | gives women the right to vote |
| 24th Amendment | prohibits poll taxes in federal elections |
| 26th Amendment | lowered voting age from 21 to 18 |
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