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61 Cards in this Set

  • Front
  • Back
Plenary
Unlimited or full, i.e plenary power
Apportionment
Distribution or allotment in proper shares
Baker v. Carr(1962)
1. Fed courts have jurisdiction over state allotment cases.
2. Led to 'one person, one vote' principle
Bank of Augusta v. Earle(1839)
Out of state corporations have legal status in other states.
Barron v. Baltimore(1833)
Limited fed power by declaring first 8 ammendments apply to federal not state law.
Brown v. Board of Education of Topeka(1954)
Segregated education facilities violate the 14th ammendment
What case overturned Plessy v Ferguson?
Brown v. Board of Education of Topeka
Charles River Bridge v. Warren Bridge(1837)
State legislatures could regulate private property
Cherokee Nation v. Georgia(1831)
Indian tribes are not states or foreign nations, cannot maintain action in federal courts.
Defined Indian tribes as “domestic dependent nations” under the sovereignty and dominion of the United States.
Cherokee Nation v. Georgia(1831)
Cruzan v. Director, Missouri Department of Health(1990)
States can regulate the right to die.
Dartmouth College v. Woodward(1819)
Constitutional contract clause was intended for protection of private property.
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.
Bill of attainder
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.
In re Debs(1895)
1. Fed courts can use injunctions to stop Union strikes.
2. Labor leader Debs violated anti-trust act by hindering interstate commerce.
Dennis v. U.S. (1951)
Limited free speech by narrowing "clear and present danger test."
Dred Scott v. Sandford(1857)
Blacks are not citizens cannot bring suit in Fed Court
_________ declared the Missouri compromise unconstitutional
Dred Scott v. Sandford(1857)
Edwards v. Aguillard(1987)
Lousiana law dictating creation-science be taught in schools violates 1st ammendment.
Engel v. Vitale(1962)
It is unconstitutional for state officials to compose an official school prayer and require its recitation in public schools.
Fletcher v. Peck(1810)
Established federal courts right to review state laws
Frontiero v. Richardson(1973)
Established that gender discrimination, like racial discrimination, was unconstitutional.
Furman v. Georgia(1972)
Found the death penalty, when imposed without specific guidelines or limits on juries’ decisions, to be cruel and unusual punishment
In re Gault(1967)
Due process applies to Juvenile courts
Gibbons v. Ogden(1824)
1. Highlighted federal authority over state authority.
2. Commerce clause gives government broad regulatory powers.
Gideon v. Wainwright(1963)
Expanded rights to counsel for defendants in almost all criminal (fed and state) cases.
Hammer v. Dagenhart(1918)
Overturned Keating-Owen act, child labor involved manufacturing which is a state concern
Keating-Owen Act (1916)
1. Prohibited the sale of goods in the U.S. manufactured with child labor.
2. Expanded congresses control over interstate commerce.
Keating-Owen Act of 1916 was overturned by what case?
Hammer v. Dagenhart(1918)
Immigration and Naturalization Service v. Cardoza-Fonseca(1987)
Granted asylum if refugee had well founded fear of persecution.
Lemon v. Kurtzman(1971)
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.
Keating-Owen act of 1916 was singed into law by:
Woodrow Wilson
Lochner v. New York(1905)
Declared New York state labor law unconstitutional. (Law restricting bakers hours.)
Mapp v. Ohio(1961)
States must apply 4th ammendment re: search and seizure to state courts.
Marbury v. Madison(1803)
Established the supreme courts authority to find laws unconstitutional
Martin v. Hunter’s Lessee(1816)
States do share sovereignty equally with the federal government
McCulloch v. Maryland(1819)
Tax on federal banks violates supreme authority of Federal Government
Ex parte Merryman(1861)
Confronted Lincoln's declaration of martial law during the civil war.
Ex parte Milligan (1866)
Military courts may not try civilians in tribunals when state courts are operational.
Minor v. Happersett(1875)
Denied claim that womens right to vote was maintained by the 14th ammendment.
Muller v. Oregon(1908)
Upheld Oregon state restrictions on the working hours of women as justified by the special state interest in protecting women's health.
NAACP v. Alabama(1958)
Reversed contempt conviction of the NAACP for not turning over members names list.
NAACP v Alabama was reversed due to:
1st ammendment freedom of association
14th ammendment's extension of the 1st ammendment to the states
National Labor Relations Board v. Jones & Laughlin Steel Corp. (1937)
1. Upheld NLRA
2. Employees involved in interstate commerce can organize.
New York Times v. Sullivan(1964)
Established a higher standard of libel for public figures, enhanced freedom of the press.
Powell v. Alabama(1932)
Defendants are guaranteed a fair trial, including the right to counsel, under the due process clause of the 14th Amendment
Regents of the University of California v. Bakke(1978)
State universities could consider race as one of several factors in selecting students for admission, but could not establish racial quotas.
Roth v. U.S. (1970)
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.”
Schenck v. U.S. (1919)
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.
Standard Oil Company of New Jersey v. U.S. (1911)
Sherman Anti-trust act applies only when trusts unreasonably hinder competition.
Rule of Reason test
Established by Standard Oil Company of New Jersey v. U.S. (1911) for testing monopolies.
Texas v. Johnson(1989)
Flag burning is protected under the first ammendment
U.S. v. Eichman (1990).
Invalidated congresses Flag Protection Act
U.S. v. Darby Lumber Co. (1941)
Interpreted the commerce powers of Congress broadly in upholding minimum-wage and maximum-hour laws, overturning Hammer v. Dagenhart (1918).
Hammer v Dagenhart was overturned by:
U.S. v. Darby Lumber Co. (1941)
Heart of Atlanta Motel v. U.S. (1964)
Racial discrimination in pulic accomodation is illegal.
Katzenbach v. McClung (1964)
Discrimination in restaurants is illegal
U.S. v. Wong Kim Ark(1898)
Anyone born in the US is a US citizen, upheld 14th Ammendment
Webster v. Reproductive Health Services(1989)
Missouri law limiting use of public funds and facilities for abortion is legal.
West Virginia State Board of Education v. Barnette(1943)
Jehovas Witnesses refusal to salute the flag is covered under 1st Ammendment
Youngstown Sheet & Tube Co. v. Sawyer(1952)
Rejected Trumans claim to authority to take control of private companies for security reasons.