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9 Cards in this Set

  • Front
  • Back
Under jefferson
-judicial review
- midnight appointments by adams, supreme court said that the section of the judiciary act of 89 that marbury cited was unconstitutional, established this power.
McCulloch v Maryland 1819
- implied powers
- tax on all notes issued by banks but were chartered outside were taxed by Maryland. Necessary and proper clause, the bank was necessary to fufill the governments duties to tax borrow and coinmoney.
- Broadened powers of congress to include implied powers
- Upheld const of second bank
Gibbons v. Ogden 1824
-interstate commerce
- NYC had allowed Ogden exclusive permit to carry passengers by steamboat from BYC to NJ
- Gibbons got liscence from fed gov for same route
- Gibbons favor, state cannot interfere with congresses power to regulate interstate commerce—broad view of the word commerce
pre Civil war
scott v Sanford 1857
-dred scott case
result: congress couldn’t forbid slavery and slaves weren’t citizens so they couldn’t sue in court—shot down Missouri compromise, and Kansas Nebraska act
New South
Plessy v ferg 1896 separate but equal
Result: more segregation laws in the south
Schneck v US 1919
- clear and present danger
- - espionage act forbade people saying stuff against the gov, schneck printed leaflets about resisting draft and thought he had the right under the first amendment
- ruling: during war time his words were clear and present danger, amendment dousnt protect freedom of speech when it will incite criminal action
Eisenhower and the 1950s
- equal protection under the law
- warren court agreed with marshall’s argument (thurgood) that public schools (elementary and secondary) were protected
- segregated scools damagd self esteem
- violated equal protection under 14th
- desegregate with all deliverate speed—more orders needed to make it happen
kennedy/ johnson
Heart of Atlanta Motel v. United states 1964
-interstate commerce
- congress used power to regulate interstate commerce to mpass civil rights act in 64 banning descrimination in public accommodations and employment.
-Motel owner challenged saying he was a local business not interstate
- warren court said owner was wrong because all public places serve transients and have used interstate commerce to move goods—commerce clause for civil rights legislation
WEsberry v. Sanders 1964
- one man one vote
- - 10 districts were reapportioned unevenly
- court said that disparity in size of populat of the 10 congressional districts violated the constitution
- one in a series of case dealing with apportionment of state and congress seats… ended rural overrepresentation and urban underrepresentation

Gideon v. Wainwright 1963
-right to be represented by counsel
- due process clause of 14th amendment protects individuals against state enroachmens on their rights
-states had to release prisoners who had not been represented by an attorney
- rights of he accused.. too poor then state must provde an attourney
Miranda v. Arizona 1966
-miranda rule
- Miranda didn’t know he could have an attorney during questioning and this violated fifth amendment to avoid self incrimination.
- warren court said that suspect had to be read his rights: the right to remain silent and that anything could be used against him… ect
- warren court said court wouldn’t uphold convictions on appeal if suspects hadn’t been informed of rights before hand
Roe v wade 1973
- right to privacy
- 0 state cant interfere with a woman’s right to have an abortion in the first trimester
- expanded right to privacy, not stated in constitution… personal property rights in fourteenth amendment, campaign to add anti abortion amendment began.
Age of Jackson:
Cherokee nation v. the state of Georgia 1831
- Cherokees were on land that was wanted by settlers, the supremecourt under marshll said the Cherokees were a dependent nation and not a sovereign one and couldn’t bring a suit to the supreme court but DID have a right to their own land… Jackson/ Georgia ignored this
Worcester v. Georgia 1832
- Cherokees tried again and cited treaties with the fed gov, John marshall declared Georgia’s laws in regard to the Cherokee unconstitutional… ignored again.
Roosevelt/ New Deal
Schechter poultry corp v. US 1935
- NRA was a new deal agency under NIRA that was npopular and found unconstitutional for many reasons one being that it attempted to regulate intrastste commerce which was a violation of the commerce clause article I.
World War II
Korematsu v US 1944
One of several cases that dealt with Japanese internment. Korematsu didn’t go to the camp and was found in cali and arrested. Supreme court upheld conviction because it was a lawful exercise of war powers granted to the president and congress under constitution (evacuation that is0