Poli Sci Final

Front 1

“The Establishment of the Union” 1789 – 1865

Back 1

Establish courts role in Commerce and National Supremacy
John Marshal, 1st chief justice, “protection of property rights and support of
nationalism
Taney Court (1836 – 1864) private V. public property use.

Front 2

Marbury v. Madison 1803

Back 2

Established Judicial Review
Reviewed Judicial Act 1789 and ruled it unconstitutional
Article 25 – SC granted power to issue Writ of Mandimus

Front 3

Fletcher V. Peck 1810

Back 3

Article 1 Section 10 “Contracts Clause”
Govts. Obligation to honor contracts
Peck sold federal land he had no right to, confusion

Front 4

McCullogh v. Maryland 1819

Back 4

2nd national bank manager; Congress levied tax on Bank Notes
Originated and ended in Maryland
SC ruled on basis: Article 1 section 5 “Necessary and Proper”
Article 6 Supremacy clause – Elastic clause

Front 5

Dartmouth College v. Woodward 1819

Back 5

Article 1 Section 10 contracts clause
College found on Charter before revolution
*Majority opinion – Corporations are the same as individuals

Front 6

Gibbons v. Ogden 1819

Back 6

SC determined power over interstate commerce resides in Congress
“Emancipation Proclamation” of interstate commerce, Ogden monopoly
Hudson River

Front 7

Baron v. Baltimore 1833

Back 7

SC rules: Bill of Rights does not apply to states
5th amendment and Immanent Domain regulations in this case
Precedent until 1925

Front 8

Charles River Bridge v. Warren Bridge 1873

Back 8

Upheld Warren has healthy economic competition

Front 9

Dredd Scott v. Sanford 1857

Back 9

slaves aren't citizens
missouri compromise is unconstitutional
Taney court-"slaves equal property"

Front 10

Schenk v U.S. 1919

Back 10

Schenk passed out leaflets denouncing conscription as slavery
“clear and Present danger” test
Justice Holmes – “bringing about substantive evils which congress may prevent”

Front 11

Eugene v. Debs 1919

Back 11

Eugene leader of socialist party, arrested for speech suggesting
socialism > capitalism

Front 12

Abrams v. U.S.

Back 12

Protested Wilsons intervention in Russia with pamphlets
Holmes dissent (with Brandeis) – added “imminent and Forthwith”
To clear and present danger test, disagreed on this case
Learned Hand – Mass. Publishing V. Patterson 1917 (violent resistance)
Poetry of Dissent

Front 13

Lochner v. NY 1905

Back 13

SC says NY has no right to regulate work hours (employer/ee agreements)
3rd The Depression and Rise of Liberalism 1921 - 1954
The nationalization of the bill of rights
depression programs, relationship of individual to govt.
having addressed: state --> nation, private property and Govt. economy
Chief Justice Warren
expanded free expression, religious, fair trade, civil rights minorities

Front 14

Gitlow v. NY 1925

Back 14

"Left wing manifesto" violates NY 1903 Anarchy act
called for revolutionary dictatorship by the proletariat
Homes/Brandeis dissent "redundant discourse of minority"
Majority - 14th applies speech to states, Gitlow counts clear/present danger

Front 15

Whitney v. Cali 1927

Back 15

her family found Communist Labor party of California
Holmes/Brandeis dissent

Front 16

U.S. v. Schwimmer 1929

Back 16

U.S. Wins
old lady pacifist refused to defend America, trying to become legal citizen
Holmes - "age disqualifies her, but we are no quakers"

Front 17

Stromberg v. Cali 1931

Back 17

Stromberg Wins
Camp counseler flew Communist flag
Tried by CA, wins on appeal - Symbolic speech
Justice Hughs agrees

Front 18

Near v. Minnesota 1931

Back 18

Turning point for freedom of the press; no prior restraint
near wrote about corrupt officials, Brandeis thought if statements were proven
false, Minn could win Libel, but they were true
5 - 4 opinion - Dissent Citing Joseph Story

Front 19

West Virginia V. Barnette 1943

Back 19

incorporated and protected religious beliefs; compelling flag salute violates 1st
6 -3 decisions undermines 1940 Minersville STISD V. Gibits (forced flag salute)

Front 20

Everson V. New Jersey board of education 1947

Back 20

State can support transporting students to private schools; Hugo Black
U.S. V. Carolene Products Co. 1938
Justice Stone's 3 unconstitutional state actions
contradict const./Bill of rights
restrict democratic process
discriminate against minorities

Front 21

Engle V. Vital 1963

Back 21

State sponsored non-denominational prayer, still religious/unallowable

Front 22

New York Times V. Sullivan 1964

Back 22

NY Times Wins
"Racist southern officials" charge NYT with libel
SC says to silence any paper is to close discourse
Justice Brennan - officials cannot win libel reparations
official must prove falsity and fault on publisher

Front 23

Griswold v. Connecticut 1965

Back 23

Constitutionally protected privacy/struck down laws making birth control illegal

Front 24

Gideon v. Wainwright 1965

Back 24

incorporates 6th amendment (must be provided counsel)

Front 25

Miranda V. Arizona 1966

Back 25

5th amendment incorporated, right to silence

Front 26

Mapp V. Ohio 1969

Back 26

Exclusionary rule - prevent unwarranted/reasonable search and seizure

Front 27

Lemon V. Kurtzman 1971

Back 27

Justice Warren Burger's 3 conditions to avoid establishing religion
plausible/non-religious reason for a law
primary effect cannot advance/retard religion
Govt. never foster excessive stae/religion entanglements

Front 28

New York Times V. U.S. 1971

Back 28

Govt. must allow printing of the pentegon papers

Front 29

Furman V. Georgia 1972

Back 29

Made the death penalty less unusual/cruel

Front 30

How many justices review a case?

Back 30

9

Front 31

How many justices does it take to make a majority?

Back 31

5

Front 32

Voting happens in what order?

Back 32

Reverse, Junior to Senior

Front 33

What is the rule of four?

Back 33

it only takes 4 to accept a case

Front 34

What is the majority of opinion?

Back 34

What maost of the people support

Front 35

Who assigns the opinions?

Back 35

The Chief Justice