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27 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Marbury v. Madison
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The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of congress, in this case the Judiciary Act of 1789.
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1803 - Marshall
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McCulloch v. Maryland
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The 1819 Supreme Court decision that established the supremacy of the national government over state governments. In deciding this case, Chief Justice John Marshall and his colleagues held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution.
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1819 - Marshall
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Barron v. Baltimore
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The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities. (overturned by Gitlow v. New York, 1925)
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1833 - Marshall
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Gibbons v. Ogden
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The 1824 Supreme Court case in which the Court interpreted very broadly the clause in Article I. Section 8, of the Constitution giving Congress the power to regulate interstate commerce, encompassing virtually every form of commercial activity.
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1824 - Marshall
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Scott v. Sandford
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The 1857 Supreme Court decision ruling that a slave who had escaped to a free state enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories. This decision invalidated the Missouri Compromise and paved the road toward the Civil War.
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1857 - Taney
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Schenck v. United States
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The 1919 Supreme Court decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils. An example of impermissible speech given by Holmes is shouting "fire" in a crowded theater.
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1919 - White
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Gitlow v. New York
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The 1925 Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as by the federal government. (overturned Barron v. Baltimore, 1833)
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1925 - Taft
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Near v. Minnesota
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The 1931 Supreme Court decision holding that the First Amendment protects newspapers from prior restraint.
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1931 - Hughes
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Roth v. United States
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A 1957 Supreme Court decision ruling that "obscenity is not within the area of constitutionally protected speech or press."
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1957 - Warren
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NAACP v. Alabama
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The 1958 Supreme Court decision protected the right to assemble peaceably when the Court decided the NAACP did not have to reveal its membership list and thus subject its members to harassment.
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1958 - Warren
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Mapp v. Ohio
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The 1961 Supreme Court decision ruling that the Fourth Amendment's protection against unreasonable searches and seizures must be extended to the states as well as to the federal government.
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1961 - Warren
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Engel v. Vitale
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The 1962 Supreme Court decision holding that state officials violated the First Amendment when the wrote a prayer to be recited by New York's schoolchildren.
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1962 - Warren
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School District of Abington Township, Pennsylvania v. Schempp
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The 1963 Supreme Court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment.
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1963 - Warren
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Gideon v. Wainwright
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The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer. This decision was based on rights guaranteed in the Sixth Amendment.
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1963 - Warren
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New York Times v. Sullivan
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A 1964 Supreme Court decision that established the guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made with "actual malice" and reckless disregard for the truth.
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1964 - Warren
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Miranda v. Arizona
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The 1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self- incrimination and to protect their right to counsel. Suspects must be told that:
- they have a constitutional right to remain silent and may stop answering questions at any time; - what they way can be used against them in a court of law; - they have a right to have a lawyer present during questioning and that the court will provide an attorney if they cannot afford their own lawyer. |
1966 - Warren
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Red Lion Broadcasting Company v. Federal Communications Commission
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A 1969 case in which the Supreme Court upheld restrictions on radio and television broadcasting. These restrictions on the broadcast media are much tighter than those on the print media because there are only a limited number of broadcasting frequencies available.
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1969 - Warren
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Lemon v. Kurtzman
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The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion. These three requirements are known collectively as the "Lemon Test."
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1971 - Burger
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Miller v. California
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A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in "serious literary, artistic, political, or scientific value."
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1973 - Burger
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Roe v. Wade
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The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.
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1973 - Burger
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Miami Herald Publishing Company v. Tornillo
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A 1974 case in which the Supreme Court held that a state could not force a newspaper to print replies from candidates it had criticized, illustrating the limited power of government to restrict the print media.
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1974 - Burger
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Gregg v. Georgia
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The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating that "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.
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1976 - Burger
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Zurcher v. Stanford Daily
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A 1978 Supreme Court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press.
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1978 - Burger
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Texas v. Johnson
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A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.
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1989 - Rehnquist
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McCleskey v. Kemp
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The 1987 Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the Fourteenth Amendment because minority defendants were more likely to receive the death penalty than were white defendants.
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1987 - Rehnquist
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Planned Parenthood v. Casey
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A 1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to one of "undue burden" that permits considerably more regulation.
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1992 - Rehnquist
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Zelman v. Simmons-Harris
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The 2002 Supreme Court decision that upheld a state providing families with vouchers that could be used to pay for tuition at religious schools.
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2002 - Rehnquist
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