1/13
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced |
---|
No study sessions yet.
Marbury v Madison
Marbury attempted to force Madison to deliver his Judge’s commision through a writ of mandamus through SCOTUS.
Ruled that SCOTUS did not have the jurisdiction to provide a writ of mandamus because the Judiciary Act of 1789 which gave them that jurisdiction was unconstitutional.
Established judicial review
McCulloch v Maryland
Maryland attempted to tax The Second National Bank of the US, cashier McCulloch opposed them.
Ruled that states cannot tax the Federal Government and that the Federal Government had the power to establish the bank through the necessary and proper clause.
Necessary and Proper Clause; Article I
Supremacy Clause; Article VI
Added definition to interpretation of Necessary and Proper Clause
Schenck v United States
Schenck, a member of the Socialist Party, mailed pamphlets encouraging resisting the WWI draft and peaceful protest as he saw it as a great wrong.
Ruled against Schenck as the Espionage Act restriction of speech was considered constitutional since it was wartime.
Freedom of Speech; 1st Amendment
Created Clear and Present Danger Test
Brown v Board of Education
Black children were not allowed to attend white schools due to segregation laws. A lawsuit was filed on the behalf of Brown and other colored children.
Unanimously ruled that public school segregation violated the Equal Protection Clause since racially separated public schools were inherently unfair.
Equal Protection Clause; 14th Amendment
Overthrew “Separate but Equal Doctrine”
Ended racial segregation in public schools
Engel v Vitale
A New York school began a daily non-denominational prayer, parents filed a lawsuit.
Ruled that the daily prayer violated the establishment clause as it was organized by government officials using government resources to advance religious beliefs.
Establishment Clause; 1st Amendment
Baker v Carr
Baker filed a lawsuit over the outdated and unequal congressional districts in Tennessee that concentrated political power in rural areas since there were less people per district in rural areas, effectively making their vote more significant.
Ruled that the unequal districts violated the equal protection clause as citizens in more populated districts were not given an equal vote to citizens in less populated districts.
Equal Protection Clause; 14th Amendment
Set the precedent for the ruling of “one person, one vote” in a later case
Opened the door for more cases concerning Congressional Districting
Gideon v Wainwright
Gideon was arrested for robbing a pool hall in Florida. He was unable to afford a lawyer and was not provided one by the court. He then filed a lawsuit challenging the state law that allowed the court to not provided a lawyer.
Unanimously ruled that not being provided a lawyer violated the sixth amendment.
Right to Counsel; 6th Amendment
Overruled precedent and applied the Right to Counsel to the states through selective incorporation.
Tinker v Des Moines
Students wore black armbands to school in order to protest the Vietnam War. The school suspended them until they agreed to not wear the armbands. The parents of two of the children filed a lawsuit.
Ruled that the school’s restrictions on the armbands violated the Freedom of Speech
Freedom of Speech; 1st Amendment
Added expression to the definition of free speech
New York Times v US
The NYT published the confidential Pentagon Papers concerning details of the US’s involvement in the Vietnam War. Current President Nixon attempted to invoke prior restraint.
Ruled that the Executive Branch did not have the power to overcome the heavy presumption against prior restraint since the publication did not create any immediate danger.
Freedom of the Press; 1st Amendment
Landmark case for Freedom of the Press
Wisconsin v Yoder
A group of Amish parents wanted to pull their children out of public school after eighth grade but Wisconsin law required them to attend public school until the age of 16.
Ruled that it would be unconstitutional to require attendance in school past eighth grade since it would directly interfere with the practicing of their religion
Free Exercise Clause; 1st Amendment
Shaw v Reno
North Carolina created two districts based on the black population in order to secure a black representative. North Carolina citizens sued in protest of the racially motivated redistricting.
Ruled that congressional districts could not be created with race as a factor.
Equal Protection Clause; 14th Amendment
Prohibited racial gerrymandering
US v Lopez
Lopez brought a concealed firearm into his school in Texas. He was arrested first by the state of Texas and then by federal agents.
Ruled that Congress did not have the power to regulate firearms near schools under the Commerce Clause.
Commerce Clause; Article I
Placed a limit on the federal government’s power under the Commerce Clause
Citizens United v FEC
Citizens United produced a movie about presidential candidate Hillary Clinton in hopes of damaging her prospects. However, by the time it was finished it was already within the period before the election in which companies were not allowed to engage in electioneering activities.
Ruled in favor of Citizens United as restricting a company’s right to vote would be the same as restricting an individual’s.
Freedom of Speech; 1st Amendment
Allowed companies to contribute to campaigns, resulted in creation of Super PACs
McDonald v Chicago
Chicago did not allow citizens to own handguns, McDonald filed a lawsuit.
Ruled that the law preventing citizens from owning handguns violated the right to bear arms.
Right to Bear Arms; 2nd Amendment
Applied the Right to Bear Arms to the states through selective incorporation