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61 Cards in this Set
- Front
- Back
Plenary
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Unlimited or full, i.e plenary power
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Apportionment
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Distribution or allotment in proper shares
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Baker v. Carr(1962)
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1. Fed courts have jurisdiction over state allotment cases.
2. Led to 'one person, one vote' principle |
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Bank of Augusta v. Earle(1839)
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Out of state corporations have legal status in other states.
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Barron v. Baltimore(1833)
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Limited fed power by declaring first 8 ammendments apply to federal not state law.
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Brown v. Board of Education of Topeka(1954)
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Segregated education facilities violate the 14th ammendment
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What case overturned Plessy v Ferguson?
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Brown v. Board of Education of Topeka
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Charles River Bridge v. Warren Bridge(1837)
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State legislatures could regulate private property
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Cherokee Nation v. Georgia(1831)
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Indian tribes are not states or foreign nations, cannot maintain action in federal courts.
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Defined Indian tribes as “domestic dependent nations” under the sovereignty and dominion of the United States.
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Cherokee Nation v. Georgia(1831)
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Cruzan v. Director, Missouri Department of Health(1990)
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States can regulate the right to die.
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Dartmouth College v. Woodward(1819)
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Constitutional contract clause was intended for protection of private property.
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1. No state shall pass any retroactive law relieving persons of debt.
2. States shall grant no title of nobility. 3. States may not enter treaties, confederation, or alliances. |
Contract clause of the constitution.
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Bill of attainder
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An act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.
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In re Debs(1895)
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1. Fed courts can use injunctions to stop Union strikes.
2. Labor leader Debs violated anti-trust act by hindering interstate commerce. |
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Dennis v. U.S. (1951)
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Limited free speech by narrowing "clear and present danger test."
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Dred Scott v. Sandford(1857)
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Blacks are not citizens cannot bring suit in Fed Court
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_________ declared the Missouri compromise unconstitutional
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Dred Scott v. Sandford(1857)
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Edwards v. Aguillard(1987)
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Lousiana law dictating creation-science be taught in schools violates 1st ammendment.
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Engel v. Vitale(1962)
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It is unconstitutional for state officials to compose an official school prayer and require its recitation in public schools.
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Fletcher v. Peck(1810)
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Established federal courts right to review state laws
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Frontiero v. Richardson(1973)
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Established that gender discrimination, like racial discrimination, was unconstitutional.
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Furman v. Georgia(1972)
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Found the death penalty, when imposed without specific guidelines or limits on juries’ decisions, to be cruel and unusual punishment
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In re Gault(1967)
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Due process applies to Juvenile courts
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Gibbons v. Ogden(1824)
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1. Highlighted federal authority over state authority.
2. Commerce clause gives government broad regulatory powers. |
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Gideon v. Wainwright(1963)
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Expanded rights to counsel for defendants in almost all criminal (fed and state) cases.
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Hammer v. Dagenhart(1918)
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Overturned Keating-Owen act, child labor involved manufacturing which is a state concern
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Keating-Owen Act (1916)
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1. Prohibited the sale of goods in the U.S. manufactured with child labor.
2. Expanded congresses control over interstate commerce. |
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Keating-Owen Act of 1916 was overturned by what case?
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Hammer v. Dagenhart(1918)
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Immigration and Naturalization Service v. Cardoza-Fonseca(1987)
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Granted asylum if refugee had well founded fear of persecution.
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Lemon v. Kurtzman(1971)
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1. A law must have secular legislative service
2. Its primary purpose may not hinder or advance religion. 3. Must not foster entanglement with religion. |
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Keating-Owen act of 1916 was singed into law by:
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Woodrow Wilson
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Lochner v. New York(1905)
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Declared New York state labor law unconstitutional. (Law restricting bakers hours.)
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Mapp v. Ohio(1961)
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States must apply 4th ammendment re: search and seizure to state courts.
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Marbury v. Madison(1803)
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Established the supreme courts authority to find laws unconstitutional
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Martin v. Hunter’s Lessee(1816)
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States do share sovereignty equally with the federal government
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McCulloch v. Maryland(1819)
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Tax on federal banks violates supreme authority of Federal Government
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Ex parte Merryman(1861)
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Confronted Lincoln's declaration of martial law during the civil war.
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Ex parte Milligan (1866)
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Military courts may not try civilians in tribunals when state courts are operational.
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Minor v. Happersett(1875)
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Denied claim that womens right to vote was maintained by the 14th ammendment.
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Muller v. Oregon(1908)
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Upheld Oregon state restrictions on the working hours of women as justified by the special state interest in protecting women's health.
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NAACP v. Alabama(1958)
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Reversed contempt conviction of the NAACP for not turning over members names list.
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NAACP v Alabama was reversed due to:
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1st ammendment freedom of association
14th ammendment's extension of the 1st ammendment to the states |
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National Labor Relations Board v. Jones & Laughlin Steel Corp. (1937)
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1. Upheld NLRA
2. Employees involved in interstate commerce can organize. |
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New York Times v. Sullivan(1964)
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Established a higher standard of libel for public figures, enhanced freedom of the press.
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Powell v. Alabama(1932)
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Defendants are guaranteed a fair trial, including the right to counsel, under the due process clause of the 14th Amendment
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Regents of the University of California v. Bakke(1978)
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State universities could consider race as one of several factors in selecting students for admission, but could not establish racial quotas.
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Roth v. U.S. (1970)
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Declared that obscenity was unprotected by the free-speech guarantee of the First Amendment on the ground that it is “utterly without redeeming social importance.”
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Schenck v. U.S. (1919)
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Upheld the WWI-era Espionage Act and laid out the “clear and present danger” test to determine the limits of First Amendment protection of political speech.
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Standard Oil Company of New Jersey v. U.S. (1911)
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Sherman Anti-trust act applies only when trusts unreasonably hinder competition.
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Rule of Reason test
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Established by Standard Oil Company of New Jersey v. U.S. (1911) for testing monopolies.
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Texas v. Johnson(1989)
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Flag burning is protected under the first ammendment
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U.S. v. Eichman (1990).
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Invalidated congresses Flag Protection Act
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U.S. v. Darby Lumber Co. (1941)
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Interpreted the commerce powers of Congress broadly in upholding minimum-wage and maximum-hour laws, overturning Hammer v. Dagenhart (1918).
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Hammer v Dagenhart was overturned by:
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U.S. v. Darby Lumber Co. (1941)
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Heart of Atlanta Motel v. U.S. (1964)
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Racial discrimination in pulic accomodation is illegal.
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Katzenbach v. McClung (1964)
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Discrimination in restaurants is illegal
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U.S. v. Wong Kim Ark(1898)
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Anyone born in the US is a US citizen, upheld 14th Ammendment
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Webster v. Reproductive Health Services(1989)
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Missouri law limiting use of public funds and facilities for abortion is legal.
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West Virginia State Board of Education v. Barnette(1943)
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Jehovas Witnesses refusal to salute the flag is covered under 1st Ammendment
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Youngstown Sheet & Tube Co. v. Sawyer(1952)
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Rejected Trumans claim to authority to take control of private companies for security reasons.
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