Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
36 Cards in this Set
- Front
- Back
|
Marbury v. Madison (1803) |
Chief Justice: John Marshall Rule: Supreme Court only has original jurisdiction in cases where the Constitution says so explicitly. Otherwise, it only has appellate jurisdiction. |
|
|
McCulloch v. Maryland (1819) |
Chief Justice: John Marshall Rule: States can’t tax federal government or its agencies |
|
|
Gibbons v. Ogden (1824) |
Chief Justice: John Marshall Rule: States can’t regulate in a way that limits interstate commerce. Only Congress can. |
|
|
Engel v. Vitale (1962) |
Chief Justice: Earl Warren Rule: Voluntary prayer said at beginning of school violates Establishment Clause. |
|
|
School District of Abington Township, PA v. Schempp (1963) |
Chief Justice: Earl Warren Rule: Mandatory Bible study at school (even when individual students can be excused) violates Establishment Clause |
|
|
Lemon v. Kurtzman (1971) |
Chief Justice: Warren Burger Rule: paying religious schools for education services to public school students violates Establishment Clause |
|
|
Zelman v. Simmons-Harris (2002) |
Chief Justice: William Rehnquist Rule: School vouchers do not violate the Establishment Clause because the government gives them to people, who get to choose where to spend them. |
|
|
Schenck v. United States (1919) |
Chief Justice: Edward D. White Rule: passing out anti-war, anarchist pamphlets is not protected speech DURING WARTIME. |
|
|
New York Times v. Sullivan (1964) |
Chief Justice: Earl Warren Rule: even factually inaccurate statement against public figure made in newspaper is protected unless made with “actual malice” (knowledge of falseness of “reckless disregard” for falseness). |
|
|
Red Lion Broadcasting Co. v. Federal Communications Commission (1969) |
Chief Justice: Earl Warren Rule: Fairness doctrine (requiring radio and TV to give equal time to opposing candidates) does not violate First Amendment |
|
|
Miller v. California (1973) |
Chief Justice: Warren Burger Rule: First Amendment does not protect “obscene materials” (pornography). To be obscene, material must: (1) “ “appeal to prurient interest” of “the average person,” (2) “depict or describe [sexual conduct] in a patently offensive way, (3) “taken as a whole, lack[] serious literary, artistic, political, or scientific value." |
|
|
Texas v. Johnson (1989) |
Chief Justice: William Rehnquist Rule: Flag burning is protected “speech” because it is expressive and political, even if audience is offended. |
|
|
Near v. Minnesota (1931) |
Chief Justice: Charles Hughes Rule: Prior restraints on speech violate First Amendment, even if someone can be punished after they make the speech. |
|
|
Miami Herald Publishing Co. v. Tornillo (1974) |
Chief Justice: Warren E. Burger Rule: “Fairness doctrine” type statute is unconstitutional when applied to the press (which is specifically mentioned in the Constitution) |
|
|
Zurcher v. Stanford (1976) |
Chief Justice: Warren E. Burger
Rule: search and seizure of photos in newspaper office did not violate 4th Amendment if search was warranted. * NOTE: Congress passed the “Privacy Protection Act of 1980” in response – police can only search where the journalist himself is suspected of a crime or there is a life-threatening situation that requires the search. |
|
|
Gregg v. Georgia (1976) |
Chief Justice: Warren E. Burger Rule: Death penalty does not automatically constitute cruel and unusual punishment. |
|
|
McCleskey v. Kemp (1987) |
Chief Justice: William J, Rehnquist Rule: death penalty is not cruel and unusual even if applied disproportionately to black men. |
|
|
Barron v. Baltimore (1833) |
Chief Justice: John Marshall Rule: Fifth Amendment only protects against the national government taking property |
|
|
Gitlow v. New York (1925) |
Chief Justice: Taft Rule: conviction for passing out pamphlets did not violate 1st Amendment because pamphlets had “dangerous tendency” to cause riots and harm, even if no one was incited by them. |
|
|
Mapp v. Ohio (1961) |
Chief Justice: Earl Warren Rule: In an illegal search that violates the 4th Amendment, everything seized in the search is inadmissible |
|
|
Gideon v. Wainwright (1963) |
Chief Justice: Earl Warren Rule: The right to an attorney applies to EVERY criminal case, state and federal. |
|
|
Miranda v. Arizona (1966) |
Chief Justice: Earl Warren Rule: Police must advise suspect of his/her rights before questioning. (right to remain silent, right to attorney) or everything the suspect says is inadmissible. |
|
|
Planned Parenthood v. Casey (1992) |
Chief Justice: William J. Rehnquist Rule: state laws that place “undue burden” on women violate her constitutional right to Privacy/abortion. Forcing woman to notify husband is unconstitutional, 24 hour waiting period is not |
|
|
Dred Scott v. Sandford (1857) |
Chief Justice: Roger B. Taney Rule: a slave is a slave wherever he goes. Slaves have no constitutional rights. Also, the Missouri Compromise is unconstitutional. |
|
|
Plessy v. Ferguson (1896) |
Chief Justice: Melville W. Fuller Rule: separate but equal is constitutional. Segregation OK. |
|
|
Brown v. Board of Education (1954) |
Chief Justice: Earl Warren Rule: Separate but equal NOT ok. Segregation is inherently unequal and violates 14th Am. |
|
|
Hernandez v. Texas (1954) |
Chief Justice: Earl Warren Rule: 14th Am. Equal protection applies to all races (including Hispanics with al white jury), not just blacks. |
|
|
Reed v. Reed (197l) |
Chief Justice: Warren E. Burger Rule: 14th Am. Equal protection protects women against discrimination on the basis of sex/gender (Probate code) |
|
|
Craig v. Boren (1976) |
Chief Justice: Warren E. Burger Rule: 14th Am. Equal protection protects men from discrimination too (drinking age) |
|
|
Regents of the University of California v. Bakke (1978) . |
Chief Justice: Warren E. Burger Rule: 14th Am. Equal protection protects white men from discrimination too – no racial quotas in admission. Race as one factor ok |
|
|
Adarand Constructors v. Pena (1995) |
Chief Justice: William J. Rehnquist Rule: Under 14th Am., race is not enough to prove disadvantage. Rewarding contractors who subcontracted “disadvantaged” subcontractors did not violate 14th Am. |
|
|
Roe v. Wade (1973) |
Chief Justice: Warren E. Burger Rule: 14th Am. Equal protection protects right to abortion – absolute in 1st trimester, qualified in 2nd and 3rd trimesters. |
|
|
NAACP v. Alabama (1954) |
Chief Justice: Earl Warren Rule: Under right to freedom of association, state can only get organization to disclose membership lists where government has “overriding valid interest” that would justify the demand. |
|
|
Korematsu v. United States (1944) |
Chief Justice: Harlan Fiske Stone Rule: Internment camps constitutional during wartime due to emergency and peril (although Constitutionally suspect) |
|
|
United States v. Nixon (1974) |
Chief Justice: Warren Burger Rule: “executive privilege” only applies to certain military and diplomatic circumstances, not to criminal cases. Nixon has to turn over tapes. Resigns. |
|
|
Bush v. Gore (2000) |
Chief Justice: William J Rehnquist Rule: NOT PRECEDENT. Florida Supreme Court could not make new law forcing recount without articulated standards. - |
