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McCulloch v. Maryland (1819)
the Supreme Court denied the right of a state to tax the federal bank using the Constitution's supremacy clause; Necessary and Proper clause & Supremacy Clause; Unanimous for McCulloch
United States v. Lopez (1995)
Commerce clause of Constitution does not give Congress the power to regulate guns near state-operated schools
Schenck v. US (1919)
Allows limits to speech based on the "clear and present danger" principle; Freedom of Speech; Unanimous for U.S.
Tinker v. Des Moines (1969)
Guaranteed a student's right to protest (wearing armbands), as long as the speech does not disrupt educational processes.
Engel v. Vitale (1962)
Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.
Wisconsin v. Yoder (1972)
The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the eighth grade because it would violate long-held religious beliefs; Freedom of Religion Free Exercise Clause; 7-0 Yoder.
Gideon v. Wainwright (1963)
Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay, all citizens are granted a lawyer at request; Unanimous for Gideon
New York Times Co. U.S. (1971)
The Court reaffirmed its position of prior restraint, refusing to stop the publication of the Pentagon Papers. The question before the court was about publish work, it was tied into the freedom of press.
McDonald v. City of Chicago (2010)
The 2nd Amendment right to keep and bear arms for self-defense in one's home is fully applicable to the states through the 14th Amendment. Chicago's ban on handguns was found to be unconstitutional and this case incorporated the 2nd Amendment; 5-4 for McDonald
Brown v. Board of Education of Topeka (1954)
Ruled that separation of the races in public schools is unconstitutional under the equal Protection Clause; reversed the Plessy v. Ferguson decision "separate but equal".
Bill of Rights
The first ten amendments to the Constitution
Citizenship Clause
all persons born or naturalized in the US and subject to jurisdiction thereof, are citizens of the US and of the state wherein they reside
Civil Liberties
Constitutional freedoms guaranteed to all citizens
double jeopardy
Trial or punishment for the same crime by the same government; forbidden by the Constitution.
Due Process Clause
14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
Establishment Clause
Clause in the First Amendment that says the government may not establish an official religion.
Exclusionary Clause
any evidence not obtained legally cannot be used in a trial
Fourteenth Amendment
A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Miranda rule/rights
warning given by police to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings
Selective incorporation
the process by which the U.S. Supreme Court has applied provisions of the Bill of Rights to the states, one case at a time, through the Fourteenth Amendment's Due Process Clause
wall of separation (between church and state)
A phrase coined by Thomas Jefferson in an 1802 letter, which described his view that there should be complete separation between the government and religion.
Civil Rights Act of 1964
outlawed discrimination based on race, color, religion, sex, or national origin
Title IX of the Education Act of 1972
Prohibited gender discrimination in federally subsidized education programs
Voting Rights Act of 1965
a law designed to help end formal and informal barriers to African-American suffrage
Thirteenth Amendment
The constitutional amendment ratified after the Civil War that forbade slavery and involuntary servitude.
Fifteenth Amendment
The constitutional amendment adopted in 1870 to extend suffrage to African Americans.
affirmative action
A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities
civil rights
the rights of citizens to political and social freedom and equality.
de facto segregation
segregation by unwritten custom or tradition, not by law but by natural precedent.
de jure segregation
Racial segregation that occurs because of laws or administrative decisions by public agencies.
Miranda Rule