Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/37

Click to flip

37 Cards in this Set

  • Front
  • Back
Marbury v. Madison
Marbury sues Madison for with holding his appt. by Adams; established judicial review; Marbury's claim unconstitutional
Martin v. Hunter's Lessee
Martin, a Tory, had his house seized and burglarized by Revolutionaries after war; VA failed to follow the Treaty of Paris which stated seized lands were returned to owners; supremacy clause
Cohens v. Virginia
Congress passes law to sell lotto tickets; selling lotto banned in VA; Cohen bros, claim federal law superior to state law; not really a federal law, Cohens go to jail
Ableman v. Booth
Booth held for assisting a slave flee but not told why arrested; is issued a 'habeas corpus' by state of WI but not allowed since federal law broken
Boerne v. Flores
Tried to overturn a precedent from previous case; Flores wanted to expand church, but not allowed to buy land since it is protected; flores says it goes against his right; City wins.
Luther v. Borden
Issue of Checks and Balances; Dorr Rebellion, people make another state constitution and act on it; Charter gov. busts Dorr for supplying to rebels and is arrested; not recognized by current state const. nor Am. Const.
US v. Curtiss-Wright Export Company
Company caught selling to S. Am. rebels at war; against law; Only pres. can act on international relations unless specified otherwise
Youngstown Sheet & Tube v. Sawyer
Steel companies go on strike; Truman seizes them due to Korean War; Truman overshot his jurisdiction;
US v. Nixon
Nixon with holds tapes that could contribute to a criminal case; Nixon claims 'executive privileges'
Hamdi v. Rumsfeld
Hamdi is a natural Am. born citizen; is caught abroad with terrorists as an enemy combatant; not told his rights even though he technically has them; father sues and wins
McCulloch v. Maryland
Congress establishes a national bank; MD passes law that places tax on banks not from MD; "Elastic" Clause; supremacy clause; MD people are part of whole and bank is for whole
New York v. Miln
Ships entering US needed to have list of people aboard ship; MILN did not have a list; claim NY is breaking commerce clause; is not since it is looking after well-being of state and country
Gibbons v. Ogden
Ogden given full monopoly over a river by NY; Gibbons has own steamboats and uses them anyways; say law impedes commerce clause; first case about commerce clause; Gibbons wins since trade is inter-state
US v. E.C. Knight Co.
The "Sugar Trust" Case; EC controlled 98% of manufacturing sugar facilities; sued for monopoly and breaking commerce clause; not the case since it is manufacturing, not any trafficking; plus no one is stopping new manufacturers from rising
Schecter v. US
chicken case; law passed that straight kill is illegal; says NIRA is unconstitutional-gave pres too much power; killing has no relation with commerce; outside commerce clause
NLRB v. Jones and Laughlin Steel
FDR is court packing; "the switch in time that saved nine"; labor strikes; fed. gov. steps in since it affected interstate commerce; fell under commerce clause
Wickard v. Filburn
Farmers required to meet a quota in products; Filburn goes beyond quota and keeps extra for family; is fined for keeping surplus; Unconstitutional since Congress cannot work locally, not allowed to aim at material that isn't crossing state-lines.
Heart of Atlanta v. US
Civil rights case; an African American is denied in a hotel due to his skin color; the Civil Rights Act of 1964 is reviewed and found constitutional through commerce clause; business of hotel includes people from across state lines of Georgia
US v. Lopez
Student brings gun to school; sentenced to prison but feds excuse this since he did not know; sentenced to six months instead; issue of whether act forbidding carrying guns on school campus was unconstitutional due to commerce clause; nope, protects people
Gonzales v. Raich
CA allows use of medical marijuana; conflicts with Controlled Substance Act; Gonzales grows in home; issue if act exceeded Congress' power under Commerce Clause; no, MJ is a schedule I drug, ergo illegal
Trustess of Dartmouth v. Woodward
Dartmouth issued a charter (contract) by king as a college; NH wants to make it a public college and give a superior board of trustees; Action goes against contract clause since charter is private
Charles River Bridge v. Warren Bridge
Harvard given monopoly over river in MASS with ferry; Build Charles R. Bridge, toll; Warren bridge made, but is free; Charles R. says contract clause broken, but contract doesn't transfer to bridge
Barron v. Mayor of Baltimore
Baltimore is repaving streets, debris builds up on mans harbor; inhibit business; says he should be paid for damages, according to Amend. V; MD court does; Marshall says issue does not fall under courts jurisdiction; Bill of Rights only applies to Federal Gov, not State
McDonald v. Chicago
Guns banned in Chicago; Goes against Amend II but issue of whether it applies to states according to Amend XVI; Conclude that guns can be kept for self defense; State can regulate but not ban
Dred Scott v. Sanford
Dred Scott, slave, carried across slave line (Missouri Compromise) with owner; claims to be free after living there after a certain time; courts rule against him saying property remains with owner, whether he is dead or alive.
Slaughter-House Cases
Un-enumerated rights; New Orleans set law to move all slaughter houses outside city, in one facility; butchers sue, inhibits business and violates Privileges and Immunities Clause; Justice says that clause is too vague to make any decisions; does not inhibit rights
Allgeyer v. Louisiana
Louisiana says insurance must be bought with instate companies; Allgeyer buys from NY; goes against "liberty of contract"; first time SDP overturns law; Allgeyer has constitutional protected right
Lochner v. New York
Hours of baker limited; Goes against "liberty of contract"; interferes wiht employers right to bargain contract with employee; law passes rational basis test; law still fails
Meyer v. Nebraska
Nebraska forbids teaching in language other than Eng. under 8th grade; Meyers hire private German tutor for 10 yr old son; law is BS; learning is good, not bad; law infringed on individual rights
West Coast Hotel v. Parrish
Minimum wage placed on women in WA; had to review Atkins v. Children's Hospital; knocked law down and precedent; goes against "equality in bargaining"; abandon scrutiny of Eco. SDP
Griswold v. Connecticut
CN prohibits distribution of birth control methods/ info; case brings in idea of privacy; couple have every right; law unconstitutional
Roe v. Wade
TX bans abortion; infringes on right to privacy, fundamental right; law is knocked down; produce trimester scheme; police powers increase with each trimester
Planned Parenthood v. Casey
PENN. regulates abortion; issue of whether husband needs to be told of abortion; do not need to be, woman's right; switch tests from strict scrutiny to undue-burden - obstacle in the path of a woman seeking an abortion before the fetus attains viability; other regulations upheld
Stenberg v. Carhart
Issue on partial abortions; Nebraska bans D & X Abortions; use undue-burden test; law is unconstitutional since it inhibits woman's rights and did not allow for exception in cases of threatened health
Gonzales v. Carhart
Congress banned D & X abortion; pass under commerce clause (WTF???); since it was specific, it did not eliminate all abortion, and allowed abortions
Washington v. Glucksberg
Washington bans physician assisted suicide; claim that patients have right control their own fates, self-sovereignty; no right to this, but states can regulate it.
Lawrence v. Texas
Texas bans sodomy; law is unconstitutional; being homo is a liberty, right to choose your own lifestyle