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43 Cards in this Set

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