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48 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Chisholm v. Georgia
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The Court argued that Article 3, Section 2 of the Constitution abrogated (treated as nonexistent) the states' immunity and granted federal courts the affirmative power to hear disputes between private citizens and states
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individual suing states
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Marbury v. Madison
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The court established its role as the arbiter of the constitutionality of federal laws
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judicial review
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Fletcher v. Peck
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The decision stems from the Yazoo lands case and upholds the sanctity of contracts
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contracts and state laws
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Dartmouth College v. Woodward
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Ruled that the charter of a college was protected under the contract clause of the U.S. Constitution
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sanctity of contracts
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McCulloch v. Maryland
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Held that states cannot tax the federal government, i.e. the Bank of the United States; the phrase "the power to tax is the power to destroy" confirmed the constitutionality of the BUS
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upheld implied powers of the constitution
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Cohens v. Virginia
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State laws in opposition to national laws are void. The U.S. Supreme Court has appellate jurisdiction for any US case and final say
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federal control over state cases
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Johnson v. McIntosh
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Established that Indian tribes had rights to tribal lands that preceded all other American law; only the federal government could take land from the tribes; NAs had the right of occupancy but not ultimate title to their lands, and so could not sell land to private U.S. citizens
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right of occupancy
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Gibbons v. Ogden
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Clarified the commerce clause and affirmed Congressional power over interstate commerce
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federal control over interstate commerce
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Cherokee Nations v. Georgia
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Established a "trust relationship" with the tribes directly under federal authority
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state laws, treaties, and Indians
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Worchester v. Georgia
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Established tribal autonomy within their boundaries, i.e. the tribes were "distinct political communities, having territorial boundaries within which their authority is exclusive"
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state laws, treaties, and Indians
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Charles River Bridge v. Warren Bridge
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The interests of the community are more important than the interests of business; the supremacy of society's interest over private interest
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contract and community rights
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Commonwealth v. Hunt
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Declared that labor unions were lawful organizations and that the strike was a lawful weapon
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union's right to organize
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Dred Scott v. Sanford
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Congress had no power to prohibit slavery in a territory (based on the 5th Amendment right of a person to be secure from seizure of property), thus making void the Missouri Compromise of 1820
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upheld slavery as constitutional
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Ex Parte Merryman
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US federal court ruled "1. That the president cannot suspend the privilege of the writ of habeas corpus, nor authorize a military officer to do it. 2. That a military officer has no right to arrest and detain a person not subject to the rules and articles of war except in aid of the judicial authority, and subject to its control."
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President's war powers
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Ex Parte Milligan
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Ruled that a civilian cannot be tried in military courts while civil courts are available
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Constitutional rights in wartime
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Texas v. White
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Texas (and the rest of the confederacy) never left the Union during the Civil War, because a state cannot unilaterally secede from the US. Treasury bond sales by Texas during the war were invalid, and the bonds were therefore still owned by the post-war state
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nature of the Union (federal)
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Slaughterhouse cases
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Privileges and immunities of citizenship of the US were to be protected by the 14th Amendment, not privileges and immunities of citizenship of a state
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privileges and immunities clause
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Munn v. Illinois
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14th Amendment does not prevent the State of Illinois from regulating charges for use of a business's grain elevators
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state regulation of business
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Wabash v. Illinois
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declared state-passed Granger laws that regulated interstate commerce unconstitutional
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states and commerce clause
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In Re Debs
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Gov't has right to regulate interstate commerce and ensure the operations of the Postal Service, along with a responsibility to "ensure the general welfare of the public"
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Labor and injunctions
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Pollack v. Farmer's Loan
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Declared the income tax under the Wilson-Gorman Tariff to be unconstitutional
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Constitutionality of the income tax
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US v. EC Knight
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Undermined the authority of the federal government to act against monopolies
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monopolies and manufacturing
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Plessy v. Ferguson
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"separate but equal" provision of public accommodations by state gov'ts is constitutional under the Equal Protection Clause
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separate but equal
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Insular Cases/ Downes v. Bidwell
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Confirmed the right of the federal gov't to place tariffs on goods entering the US from US territories on the grounds that "the constitution does not follow the flag"
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constitutional rights in territories
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Northern Securities Case
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Re-established the authority of the federal gov't to fight monopolies under the Sherman Anti-Trust Act
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anti-trust laws
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Muller v. Oregon
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First case to use the "Brandeis brief;" recognized a 10-hour workday for women laundry workers on the grounds of health and community concerns
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due process and state police power
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Schneck v. US
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Upheld the Espionage Act of 1917 which declared that people who interfered with the war effort were subject to imprisonment; declared that the 1st Amendment right to freedom of speech was not absolute; free speech could be limited if its exercise presented a "clear and present danger."
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radicals and the 1st Amendment
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Adkins v. Children's Hospital
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Declared unconstitutional a minimum wage law for women on the grounds that it denied women freedom of contract
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minimum wage
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Gitlow v. New York
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Though the 14th Amendment prohibits states from infringing free speech, the defendant was properly convicted under New York's criminal anarchy law for advocating the violent overthrow of the government through the dissemination of Communist pamphlets
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radicals and 1st Amendment
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US v. Butler
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The Agricultural Adjustment Act is unconstitutional
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constitutionality of New Deal programs
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Schecter Poultry v. US
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Declared the NIRA unconstitutional on three grounds: that the act delegated legislative power to the executive; that there was a lack of constitutional authority for such legislation; and that it sought to regulate businesses that were wholly intrastate in character
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constitutionality of New Deal programs
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Korematsu v. US
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Upheld the constitutionality of detention camps for Japanese-Americans during WWII
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war powers and civilians
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West Virginia v. Barnette
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The Free Speech clause of the 1st Amendment prohibits public schools from forcing students to salute the American flag and say the Pledge of Allegiance
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Flag Salute cases--loyalty
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Ex Parte Endo
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Forbade the internment of Japanese-Americans born in the US (Nisei)
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Japanese-American internment
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Smith v. Allwright
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Primary elections must be open to voters of all races
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blacks and voting primaries
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Dennis v. US
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Defendants' convictions for conspiring to overthrow the US gov't by force through their participation in the Communist party were not in violation of the 1st Amendment
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radicals and constitutional rights
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Brown v. Board of Education, Topeka
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"Separate but equal" unconstitutional
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integration of races
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Mapp v. Ohio
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4th Amendment prohibition against unreasonable searches and seizures, as applied to the states through the 14th, excludes unconstitutionally obtained evidence from use in criminal prosecutions
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Bill of Rights and the states
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Baker v. Carr
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The reapportionment of state legislative districts is not a political question, and thus is justiciable by the federal courts. This enabled the federal courts to intervene in and decide reapportionment cases
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one-man, one-vote reapportionment
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Engel v. Vitale
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Gov't directed prayer in public schools, even if it is denominationally neutral and non-mandatory, violates the Establishment Clause of the 1st Amendment
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religion in public schools
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Gideon v. Wainwright
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Extends to the defendant the right of counsel in all sate and federal criminal trials, regardless of their ability to pay
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right to legal counsel
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Escobedo v. Illinois
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Ruled that a defendant must be allowed access to a lawyer before questioning by police
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right to counsel before questions
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Reynolds v. Sims
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Struck down state senate inequality, basing their decision on the principle of "one person, one vote"
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state legislature reapportionment
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Wesberry v. Sanders
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Members of the House of Representatives must be selected by districts composed, as nearly as is practicable, of equal population
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congressional reapportionment
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Miranda v. Arizona
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Those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent
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rights of the accused
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Roe v. Wade
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Legalized abortion by ruling that state laws could not restrict it during the 1st 3 months of pregnancy. Based on 4th Amendment rights of a person to be secure in their persons
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privacy protected by Constitution
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US v. Nixon
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Rejected Richard Nixon's claim to an absolutely unqualified privilege against any judicial process
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limits to executive privilege
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Bakke v. California
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Ambiguous ruling by a badly divided court that dealt with affirmative action programs that used race as a basis of selecting participants. The court general upheld affirmative action, but with a 4/4/1 split, it was a very weak decision
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reverse discrimination
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