Street Law Case Summaries: Key Constitutional Law Concepts

Vocabulary flashcards covering key constitutional law terms and concepts from the lecture notes.

Judicial review

The power of courts to declare laws or executive actions unconstitutional; established in Marbury v. Madison (1803).

Writ of mandamus

A court order directing a public official to perform a duty; central to Marbury’s claim in Marbury v. Madison.

Original jurisdiction

Authority of a court to hear a case for the first time; for the Supreme Court, defined in Article III, Section 2.

Appellate jurisdiction

Power of a court to review decisions of lower courts on appeal.

Supremacy Clause

Constitutional laws are supreme over state laws; federal law overrides conflicting state law.

Necessary and Proper Clause (Elastic Clause)

Congress can make laws needed to carry out its powers, creating implied powers.

Implied powers

Powers not explicitly listed in the Constitution but necessary to execute enumerated powers (e.g., bank in McCulloch).

McCulloch v. Maryland (1819)

Case holding that Congress has implied powers to create a national bank and that states cannot tax federal institutions; reinforced federal supremacy.

Tenth Amendment

Powers not delegated to the United States are reserved to the states or the people.

Fourteenth Amendment

Amendment extending due process and equal protection to the states; used to apply rights to state governments (incorporation).

Equal Protection Clause

No state shall deny any person within its jurisdiction the equal protection of the laws.

Due Process Clause (14th Amendment)

States must follow fair procedures before depriving a person of life, liberty, or property.

Selective incorporation

Process by which the Supreme Court has applied portions of the Bill of Rights to the states through the 14th Amendment.

First Amendment

Protects freedoms of speech, religion, press, assembly, and petition; applicable to the states through incorporation.

Free speech

Right to express ideas and information; subject to reasonable limits in certain contexts (e.g., time, place, manner).

Establishment Clause

Government cannot establish or endorse a state religion.

Free Exercise Clause

Government cannot prohibit or unduly burden the free exercise of religion.

Engel v. Vitale (1962)

Court ruled school-sponsored daily prayer in public schools unconstitutional under the Establishment Clause.

Gideon v. Wainwright (1963)

Right to counsel in criminal cases applies to the states via the 14th Amendment; guarantees indigent defendants a lawyer in felony cases.

Brown v. Board of Education (1954)

Ruled that segregated public schools violate the Equal Protection Clause; “separate but equal” is inherently unequal.

Plessy v. Ferguson (1896)

Doctrine of “separate but equal” that upheld racial segregation in public facilities (overturned by Brown).

Sweatt v. Painter (1950)

Case holding that the University of Texas law schools’ facilities and opportunities for Black students were not equal.

Tinker v. Des Moines (1969)

Student speech is protected in schools unless it causes a substantial disruption; introduced the Tinker test.

Schenck v. United States (1919)

Established the “clear and present danger” test for limiting free speech during wartime.

Brandenburg v. Ohio (1969)

Replaced the “clear and present danger” test with the “imminent lawless action” standard protecting speech.

New York Times Co. v. United States (1971)

Upheld strong protections against prior restraint; Pentagon Papers case; press freedom strong under First Amendment.

Pentagon Papers

Classified Defense Department documents leaked to the press; their publication was central to the NYT v. United States decision.

Baker v. Carr (1962)

Held that federal courts can review state redistricting; established the principle of “one person, one vote” and rejected the “political questions” doctrine in this context.

Shaw v. Reno (1993)

Ruled that oddly shaped, race-based districts can violate the Equal Protection Clause; prohibits racial gerrymandering unless a compelling justification exists.

United States v. Lopez (1995)

Held that Congress exceeded its Commerce Clause power with the Gun-Free School Zones Act; marked a shift toward federalism.

McDonald v. City of Chicago (2010)

Extended the Second Amendment rights to the states via incorporation; handgun ownership in self-defense is protected.

Citizens United v. FEC (2010)

Held that corporate and union spending on independent political broadcasts is protected by the First Amendment; led to rise of Super PACs.

Buckley v. Valeo (1976)

Recognized political speech as protected, but allowed limits on direct contributions to candidates; allowed expenditure limits in some contexts.

Austin v. Michigan Chamber of Commerce (1990)

Upheld restrictions on corporate spending in state elections to reduce corruption; allowed some alternative fundraising avenues.

Heller (District of Columbia v. Heller) (2008)

Recognized an individual right to possess firearms for self-defense; foundational for applying the Second Amendment to the states in McDonald.