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;
42 Cards in this Set
- Front
- Back
Barron v. Baltimore (1833)
|
5th Amendment limits powers of national govt and not applicable to states; Bill of Rights an exclusive check on federal govt
|
|
Plessy v. Ferguson (1896)
|
Created the "separate but equal" doctrine, upheld state-imposed racial segregation
|
|
Schenck v. United States (1919)
|
Est. speech that creates a "clear and present danger" in not allowed; utterances in wartime tolerable in peacetime can be punished
|
|
Gitlow v. New York (1925)
|
"dangerous tendency" test (can forbid speech and publication if they have a tendency to result in actions dangerous to public security; Freedom of speech selectively incorporated
|
|
Near v. Minnesota (1931)
|
Selectively incorporates freedom of press, prevents prior restraint
|
|
Palko v. Connecticut (1937)
|
Some rights in Bill of Rights are "fundamentals", double jeopardy not a fundamental right, so states have control
|
|
Korematsu v. United States (1944)
|
Compulsory exclusion justified during "emergency and peril", ruled Japanese could be interned due to executive power
|
|
Brown v. Board of Education (1954)
|
Ruled that separate but equal is inherently unequal (in regards to racial segregation in public education)
|
|
Brown v. Board II (1955)
|
Ordered schools to desegregate with "all due and deliberate speed"
|
|
Gibbons v. Ogden (1824)
|
Increased federal power over interstate commerce, implied that anything with interstate trade could be regulated by the govt.
|
|
Mapp v. Ohio (1961)
|
Extended the Exclusionary Rule to states, increased protection for defendents
|
|
Baker v. Carr (1962)
|
Looked into political questions concerning legislative apportionment
|
|
Engel v. Vitale (1962)
|
Prohibited readings of prayers in public schools, violated Establishment clause of 1st Amend.
|
|
Gideon v. Wainright (1963)
|
Held all states must provide an attorney for those who can't afford one; 6th amend. right to counsel selectively incorporated
|
|
Heart of Atlanta Motel v. United States (1964)
|
Places of public accomodation prohibited from discrimination against blacks by the Civil Rights Act 1964 with Commerce Clause powers (interstate flow of people)
|
|
NY Times v. Sullivan (1964)
|
Not libel if false article was thought to be true at publication, 1st amend. protects statements about public officials except when malicious
|
|
Griswold v. Connecticut (1965)
|
1st, 3rd, 4th, and 9th amends. have penumbras that establish a right to privacy
|
|
Miranda v. Arizona (1966)
|
Ruled defendents must be informed of legal rights before they are arrested (right to remain silent, right to have counsel, etc)
|
|
Tinker v. Des Moines (1969)
|
Wearing armbands protected by 1st amend, suspension unconstitl school implies limites on expression, but case lacked justification for any limits
|
|
Brandenburg v. Ohio (1969)
|
Created two-part test to eval. speech acts: 1. if directed at producing lawless action, 2. if likely to incite such action
|
|
Lemon v. Kurtzman (1971)
|
Created 3 qualifications for Establishment clause: 1- must have secular legislative purpose, 2- can't have primary effects that advance/inhibit religion, 3-no excessive govt entanglement with religion
|
|
NY Times v. US (Pentagon Papers Case) (1971)
|
Prior restraint to prevent leak of classified information violated 1st amendment; found that publication wouldn't cause immediate event endangering US forces
|
|
Wisconsin v. Yoder (1972)
|
Parents may remove children from public school for religious reasons; Free exercise clause
|
|
Furman v. Georgia ( 1972)
|
Capital punishment found racist and arbitrary, halted all death penalty punishments until less arbitrary method found
|
|
Gregg v. Georgia (1976)
|
Death penalty didn't constitute cruel and unusual punishment; allowed resumption of death penalty in US
|
|
Miller v. California (1973)
|
Obscene materials don't enjoy 1st amendment protection; tests obscenity in whether it lacks literary, artistic, political, or scientific value
|
|
Roe v. Wade (1973)
|
Right to privacy, gave women autonomy over pregnancy and abortion during first trimester
|
|
Buckley v. Valeo (1976)
|
Individual contribution restrictions in campaigns valid to guard against unscrupulous practices; restriction of candidate's own expenditures violates 1st amendment
|
|
University of California v. Bakke (1978)
|
Racial quotas violated equal protection clause of 14th amendment; race-based affirmative action permissible as long as it was for creating greater diversity
|
|
United States v. Leon (1984)
|
Established the Good Faith exception to the exclusionary rule
|
|
Hazelwood School v. Kuhlmeier (1987)
|
Held that school officials have authority to regulate free speech in student newspapers
|
|
Texas v. Johnson (1989)
|
Established flag burning as permissible free speech, struck down anti-flag burning laws
|
|
Webster v. Reproductive Health Services (1989)
|
Didn't overturn Roe v. Wade, but gave states more power to regulate abortion
|
|
Planned Parenthood v. Casey (1992)
|
States can regulate abortion but not with regulations that imposed an undue burden on women; notifying-husband requirement thrown out, parental consent and 24hr waiting period upheld
|
|
United States v. Lopez (1995)
|
Congress doesn't have power to regulate guns hnear state-operated schools with the Commerce clause
|
|
Adarand Constructors v. Pena (1995)
|
All racial classifications must pass strict scrutiny; past injuries doesn't establish the suffering of present injury
|
|
Gratz v. Bollinger (2003)
|
U. of Michigan's use of automatic distribution of points to minorites in admission not narrowly tailored, violates Equal protection clause
|
|
Grutter v. Bollinger (2003)
|
U of Michigan Law school's racial preferences narrowly tailored because race is only a variable to other factors contributing to diversity, therefore doesn't violate Equal protection clause
|
|
Lawrence v. Texas (2003)
|
Law prohibiting gays from engaging in sodomy violated right to privacy and due process clause of 14th amendment
|
|
Marbury v. Madison (1803)
|
Established judicial review
|
|
McCulloch v. Maryland (1819)
|
Reinforced supremacy clause, states didn't have power to tax national bank
|
|
Morse v. Frederick (2007)
|
Limited students' free speech rights
|