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43 Cards in this Set
- Front
- Back
MIssouri vs. Holland
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Hunting law by itself is unconstitutional but with a treaty it becomes "law of the land" (Supremacy Clause)
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McCulloch vs. Maryland
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State can't tax government
"inter-governmental tax immunity" (immplied power) |
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Cumming vs. Missouri
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Test oath's are illegal because they are "Bills of Attainder" and single out confederate soliders (prohibited powers)
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Marbury vs. Madison
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Marbury is entitled to position but wouldn't get it because a writ of mandamus (person not doing job) is illegal.
First for Judicial review |
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Barron vs. Baltimore
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Barron said that Baltimore violated taking clause but court said Bill of Rights only applies to national government
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Dred Scott vs. Sanford
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Blacks couldn't bring case because he wasn't citizen when constitution was written and his freedom took away whites right to won slaves (5th right to property)
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Griswold vs. Connecticut
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Connecticut law unconstitutional because right to privacy to discuss birth control
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Roe vs. Wade
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Abortion legal under right to privacy (9th amendment)
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Gibbons vs. Ogden
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"Commerce Clause"
Federal government has right to regulate shipment of goods, services and people |
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NLRB vs. Jones-Laughlin Steel
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Manufacturing is inter-state commerce so Wagner Act can regulate unions
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Fair Labor Standards
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Set minimum wage and weekly hours
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Civil Rights Act of 1964
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Passed under commerce clause
Prohibits discrimination based on race |
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Heart of Atlanta Motel vs. US
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Motel was violating commerce clause because it participated in interstate commerce (advertising)
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Katzenburg vs. McClung
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McClung BBQ violated commerce clause and civil rights act because it participated in interstate commerce
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Williams vs. North Carolina
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Exparter Divorce undr full faith and credit
Couple wasn't divorced because they didn't set up recidency (acts legal in one state is recognized in others) |
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Slaughter House Cases
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Priviledges and immunites (states can't discriminate against citizen of other state)
Set stage for segregation because if the state discriminates against it's citizens it can discriminate against other citizens |
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Reamz vs. Roe
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California violated privileges and immunities by not offering welfare to new citizens
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Kentucky vs. Dennison
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Said that extradition was a "moral duty only"
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Puerto Rico vs. Branstad
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Reversed Kentucky vs. Dennison and said that states have to grant extradition
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Torcaso vs. Watkins
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Test oaths are illegal according to article 6 section 3
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Everson vs. Board of Education
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Okay to use tax money to pay for busing to parochial schools (Child Benefit Theory)
Establishment clause |
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Walz vs. Commission
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Not taxing churches isn't violation of Establishment Clause
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U.S. vs. Seeger
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Under Establishment clause
Must be sincere in your beliefs and have community to be a conciencious objector |
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Engle vs. Vitale
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Government can't compel school children to pray
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Marsh vs. Chambers
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Paying chaplain to say prayer before senate session not violation of commerce clause because they aren't impressionable and religion is believed by majority
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Widmar vs. Vincent
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Facitilities must be available to all groups or it's a violation of Equal Access
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westside school district vs. mergents
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right to have prayer group and sponsor isn't in vioation of establisment clause
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Lemon vs. Kirtzman
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Aid to Parochial Schools
can't supplement teachers that teach at parochial schools salaries/ violation of establishment clause |
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Reynolds vs. U.S.
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Can't have numerous wives because it is ultimatly a contract and doesn't matter what your religious beliefs.
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Minersville vs. Gobitis
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FLAG SALUTE CASE
Must say pledge because it unites the country |
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West Virginia vs. Barnette
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"The Great Reversal"
Don't have to say pledge |
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Tinker vs. Des Moines
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Can't outlaw armbands but keep crosses so legal to wear armbands
Freedom of symbolic speech |
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Texas vs. Johnson
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Burning flag is a form of expression and is legal under freedom of symbolic speech
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Brandenburg vs. U.S.
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Seditious Speech
Pamphlets that protected during peace time may not be protected during war time |
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Schenck vs. U.S.
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Words protected during peace time may not be protected during war time
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Brandenburg vs. Ohio
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For words to be seditious there must be a "clear and imminent danger"
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Near vs. Minnesota
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There only few times when government can censor before publication (prior constraint) but generallly they can't.
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N.Y. Times vs. U.S.
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Can't stop prove Clear and Eminent Danger so the government couldn't stop publication of "Pentagon Papers"
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N.Y. Times vs. Sullivan
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Police official couldn't sue because public officials/ public figure can't sue unless they can prove actual malice (total disregard for the truth)
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Weeks vs. U.S.
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Illgeal search and seizure. Must have warrant
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Plessy vs. Ferguson
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established separate but equal doctrine
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Brown vs. Board of Ed.
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Reversed Plessy vs. Ferguson
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Gideon vs. Wainwright
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Court must grant you concil
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