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77 Cards in this Set
- Front
- Back
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sovereign immunity - to shield states in large part from being sued under federal law.
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Alden v. Maine
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Due process case, coerced confession does not automatically taint trial. 1991
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Arizona v. Fulimante
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Constitutional challenges to the unequal distribution of voters among legislative districts could be resolved by federal courts. 1962
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Baker v. Carr
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Schools are zones of restriction for certain right. Adults receive more of their rights (Such as 1st amendment rights) in other stating. Schools may restrict rights such as freedom of speech, etc. 1986
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Bethel School District v. Frazier
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The boy scouts were allowed to dismiss a leader after learning that he was gay, holding that freedom of association outweighed the New Jersey anti-discrimination statute. 2000
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Boy Scouts of America v. Dale
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Extended the scope of political speech - allows virtually all political speech, unless it is demonstrably linked to immediate lawless behavior. 1969
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Brandenburg v. Ohio
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Requiring newsman to appear and testify before the state or federal grand juries does not abridge the freedom of speech and press guaranteed by the First Amendment. 1972
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Branzburg v. Hayes
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Reversed Plessy v. Ferguson. Forced the Integration of public schools. Focused on the integration of public schools. Used in 1955 to speed the process of integration. 1954 (1955)
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Brown v. Board of Education
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Restrictions on individual contributions to political campaigns and candidates does not violate the 1st Amendment. Governmental restriction of expenditures from personal resources and the overall limitation were unconstitutional. 1976
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Buckley v. Valeo
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Race can be used as a complex factor when determining admission. The case did strike down that refusal because saving spaces for minorities violated the Civil Rights Act of 1964. 1978
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California Board of Regents v. Bakke
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The manual recounts of votes in November 2000 could not proceed because inconsistent evaluation standards in the counties violated the equal protection clause. 2000
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Bush v. Gore
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The police may search through garbage gbags and other trash containers that people leave ouside their houses in order to obtain evidence of criminal activity. This evidence may subsequently be used as the basis for obtaining a search warrant. 1988
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California v. Greenwood
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Struck down the line-item veto. The line-item veto unconstitutionally gave the president "the unilateral power to change the text of duly enacted statutes." 1998
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Clinton v. the City of New York
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The president does not have temporary immunity from a lawsuit for actions outside the realm of official duties. 1997
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Clinton v. Jones
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An exclusively religious exhibit, (a Jewish menorah and a creche) could not be displayed in a government building because that kind of exhibit violated the establishment clause 1989
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County of Alleghany v. American Civil Liberties Union
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Upheld convictions under the Smith Act of 1940 invoking communist theory that advocated the forcible overthrow of government. 1951
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Dennis v. United States (Dennis et al v. U.S.)
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The miranda governs the admissability of statements made during custodial interrogation in both state and federal courts. 2000
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Dickerson v. United States
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A city cannot require and individual to give up part of their property to obtain a permit. In order to have it be a requirement, the purpose of the taking shall be explained and shall be reasonable. 1994
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Dolan v. City of Tigard
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Declared school prayer unconstitutional 1962
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Engel v. Vitale
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If the miranda right is not ready to a person or persons being taken into custody, then due process is violated. In this case a man was not informed of his right to remain silent before being questioned by the police and was denied the right to counsel. 1964
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Escobedo v. Illinois
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Said that the death penalty was cruel and unusual punishment. 1972
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Furman v. Georgia
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Allowed congress to have wider power over interstate commerce. The opinion of the court stated that commerce includes all kinds of business and trade between nations and the states. 1824
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Gibbons v. Ogden
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Federal defendents must be provided with an attorney at the states expense if one the defendent cannot afford it. 1963
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Gideon v. Wainwright
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Extended the 14th amendment to the States. The states are not allowed to violate the rights specified in the 14th amendment and extended the Bill of Rights. 1925
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Gitlow v. New York
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The Court ruled that a state unconstitutionally interfered with personal privacy in the marriage relationship when it prohibited anyone, including married couples, from using contraceptives. 1965
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Griswold v. Connecticut
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The first amendment rights for students are not automatically co-extensive with the rights of adults in all settings. Censorship of school newspapers is allowed. 1988
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Hazelwood School District v. Kuhlmeier
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Defined hotels, restaurants, etc, as interstate commerce because they serve interstate travellers, and are therefore required to follow federal law on interstate commerce. The hotel was no longer allowed to discriminate on the basis of race. 1964
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Heart of Atlanta Motel v. United States
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Parental notification of both parents before issuing an abortion to a minor is unconstitutional. The court favored notification of 1 parent and a 48 hour waiting period. It also upheld that the parent notification could be waived in certain circumstances 1990
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Hodgson v. Minnesota
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Private organizations cannot be forced to incorporate gay, lesbian, and bisexual individuals into their events because it violates the private organizations freedom of speech. The private organization has the right to decide what message they want to send 1995
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Hurley v. Irish American Gays
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Minors still have the right to cousel, to be infomed of charges, etc. (5th and 6th Amendment rights) because the rights are vital to a fair trial. 1967
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In re Gault
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Expanded the scope of the 4th amendment rights to include protection against certain kinds of electronic invasions of an individual's privacy. Since this case, the 4th amendemtn has been a means to protect individual privacy in places open to the public. 1967
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Katz v. United States
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This case attempted to clarify the meaning of separation of church and state. The court established the Lemon test which has three parts. 1971
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Lemon v. Kurtzman
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Exclusionary Rule - Evidence obtained in violation of the 4th amendment or other amendments may not be used in court. 1961
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Mapp v. Ohio
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Court established Judicial Review. One of the checks on Congress. 1803
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Marbury v. Madison
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Elastic Clause of the Constituion - Congree had the power to create a national bank. "Necessary and Proper" 1819
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McCulloch v. Maryland
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Freedom of speech is not extended to obscene materials. This case defined obscenity. 1972
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Miller v. California
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Racial gerrymandering of congressional districts violates the Equal protection clause. 1995
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Miller v. Johnson
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Guarantees due process. Must read one's rights while in custody before questioning. Inform that they have the right to remain silent, that anything they say can and will be used against them, and the right to counsel. 1966
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Miranda v. Arizona
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Case centered on censorship - government cannot censor something (newspapers) because that restricts freedom of the press. Main issue was government officials were being criticized and wanted to censor the criticism. 1931
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Near v. Minnesota
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First amendment protected the press from libel suits unless it could be proved that the press report was made out of malice. 1964
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New York Times v. Sullivan
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The government may not restrict the press from publishing what is labeled as "classified information" if the materials will not cause an inevitable, direct, and immediate event imperiling the safety of American forces. 1971
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New York Times v. United States
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Seperate but equal facilities for blacks and whites. 1896
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Plessy v. Ferguson
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Congress cannot force chief law enforcement officers to perform background checks on those purchasing handguns. That right is not part of the elastic clause. 1997
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Printz v. United States
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It is not a crime to display "indecent" or "patently offensive" material on the internet. 1997
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Reno v. ACLU
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Forced states to reapportion their congressional districts because the populations were not equal. This unequal distribution violated the 14th amendment because the states were infringing on the equal protection because of unequal representation. 1964
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Reynolds v. Sims
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Courts may not close trials to the public. Closing such trials violates the freedom to assemble and the freedom of speech (which was expanded to listening and taking in ideas) 1980
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Richmond Newspapers Inc. v. Virginia
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A "fetus" is not a person with constitutional rights therefore protecting a woman's right to have an abortion. 1973
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Roe v. Wade
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Sustained the Espionage Act of 1917 by maintaing that freedom of speech and of the press could be constrained under "Clear and Present Danger". 1919
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Schenck v. United States
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Nullified the missouri compromise, further tension between north and south. Slaves were not citizens but property, did not have constitutional protection, were not free just because they traveled to a free state or territory. 1857
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Scott v. Sanford
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State courts could not violate the sale of real property based on race. A racially restrictive covenant standing alone violates no rights, but once enforced by the states, the 14th amendment is violated. 1948
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Shelley v. Kraemer
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Case involving Japanese internment camps during WWII. The decision said that needs for national security during a crisis justified the internment camps. The court did not deal with the touchy issue of discrimination but rather the national crisis of war. 1944
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Koretmatsu v. United States
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Upheld the Brown v. Board of Education. Stated that busing could be used to correct racial imbalances. 1971
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Swann v. Charlotte Mecklenburg Board of Education
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Flag burning is protected under the first amendment as a form of symbolic speech. 1989
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Texas v. Johnson
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Students may wear armbands as a form of protest. It is a form of speech protected under the first amendment. 1969
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Tinker v. Des Moines School District
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Federal government may not regulated the possession of guns in school zones. That is a decision left to each state. 1995
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United States v. Lopez
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Ruled that neither separation of powers, nor the need to preserved the confidentiality of presidential communications alone could justify an absolute executive privilege of immunity from judicial demands for evidence to be used in a criminal trial. 1974
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United States v. Nixon
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The court upheld the law prohibiting the burning of draft cards, ruling that it was not "symbolic speech". 1968
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United States v. O'Brien
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The court ruled that neither states nor congress could limit terms of members of congress, since the constitution reserves to the people the right to choose federal lawmakers. 1995
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U.S. Term Limits v. Thornton
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Random drug testing of high school athletes does not violated the 4th amendment. High school students are subject to fewer rights and the safety that is in mind of the school officials overrides any intrusion of rights. 1995
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Vernonia School District v. Acton
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A moment of silence cannot be practiced if it holds religious purposes and intentions. The case did not address the question of moments of silence without specific provision for prayer was not addressed. 1985
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Wallace v. Jaffree
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All regulations on abortion rights during the fourth through sixth months of pregnancy must be related to protecting the health of the mother. The physician must determine before performing the abortion if older than 20 wks if the child could survive. 1989
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Webster v. Reproductive Health Services
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The court declared that a West Virginia law requiring students to salute the American flag was unconstitutional. 1943
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West Virginia Board of Education v. Barnette
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The imposition of the death penalty on minors of age 16 and 17 is not cruel and unusual punishment and therefore does not violate the juveniles constitutional rights. 1989
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Wilkins v. Missouri
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Anybody born in the United States regardless of ancestry, has the rights of a U.S. citizen. 1898
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Wong Kim Ark v. Arkansas
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Incorporated the right to assembly. The government cannot make it a crime for a member of a radical group to merely to conduct and participate in a public meeting. 1937
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DeJonge v. Oregon
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Incorporated the free excercise of the first amendment. The court allows religions to peacefully distribute religious information to people in their neighborhoods with the aim of winning converts. 1940
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Cantwell v. Connecticut
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Incorporated the 4th amendment. The court ruled that individuals must be secure in their homes and businesses against unreasonable invasions of their privacy. 1949
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Wolf v. Colorado
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State and local governments are required to pay just compensation when taking private property for public use. 1897
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Chicago B&Q Railroad v. Chicago
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Defendants in court have the 5th amendment right of protection against self-incrimination. 1964
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Malloy v. Hogan
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State law enforcers cannot subject a person to double jeaopardy; cannot deprive individuals of their 5th amendment right to be tried twice for the same crime. 1969
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Benton v. Maryland
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Requires the states to have public trials. This 6th amendment requirement was imposed on the states through the 14th amendment. 1948
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In re Oliver
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States must observe the 6th Amendment right of defendants to confront witnesses against them. 1965
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Pointer v. Texas
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Defendants in state courts have the 6th Amendment right to an impartial jury. 1966
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Parker v. Gladden
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Defendants in state courts have the 6th Amendment right to a speedy trial. 1967
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Klopfer v. North Carolina
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Defendants in state courts have the 6th Amendment right to subpeona witnesses to testify in their favor. 1967
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Washington v. Texas
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States must guarantee the defendant's 6th amendment right to a jury trial in criminal cases. 1968
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Duncan v. Louisiana
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State governments cannot use cruel and unusual punishments in violation of the 8th amendment. 1962
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Robinson v. California
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