MARBURY V. MADISON (1803

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In deciding this case about judicial appointments, the court established the principle of judicial review, empowering the Supreme Court to declare an act of the legislative or executive branch unconstitutional.

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31 Terms

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SCOTUS

Supreme Court of the United States.

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Facts

The relevant events of a case that occurred before courts became involved.

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Issue

A legal or Constitutional question the court considers in a case.

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Holding

The court’s response to the issue being considered in a case.

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Reasoning

The court’s explanation of a holding.

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Decision

The outcome of a case that includes a discussion of the facts, issue, holding, and reasoning.

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Opinion

An analysis of the court’s decision written by the justices.

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Judicial Review

The principle established in Marbury v. Madison (1803) that empowers the Supreme Court to declare legislative or executive acts unconstitutional.

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Supremacy Clause

Establishes that the U.S. Constitution and federal laws take precedence over state laws.

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Equal Protection Clause

Part of the Fourteenth Amendment that requires states to provide equal protection under the law to all persons.

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First Amendment

Guarantees freedoms of speech, religion, press, assembly, and petition.

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Second Amendment

Protects the right to keep and bear arms.

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Fourth Amendment

Prohibits unreasonable searches and seizures.

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Fifth Amendment

Establishes the rights of individuals in criminal cases, including protection against double jeopardy and self-incrimination.

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Sixth Amendment

Guarantees the right to a speedy, public, and impartial trial by an impartial jury.

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Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishment.

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Fourteenth Amendment

Provides for due process and equal protection under the law.

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Fifteenth Amendment

Prohibits the denial of the right to vote based on race, color, or previous condition of servitude.

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Nineteenth Amendment

Granted women the right to vote.

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Free Exercise Clause

Protects the rights of individuals to practice their religion freely.

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Interstate Commerce Clause

Gives Congress the power to regulate commerce among the states.

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Necessary and Proper Clause

Also known as the Elastic Clause, it grants Congress the power to create laws required to carry out its enumerated powers.

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Voting Rights Act of 1964

A landmark piece of federal legislation in the United States that prohibits racial discrimination in voting.

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Americans with Disabilities Act

Legislation that prohibits discrimination against individuals with disabilities in all areas of public life.

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Miranda Rights

The rights that must be read to a suspect upon arrest, originating from the Miranda v. Arizona case.

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Lemon Test

A three-pronged test to determine if a law violates the Establishment Clause.

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Gideon v. Wainwright (1963)

Extended the right to an attorney to felony defendants in state courts.

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Schenck v. United States (1919)

Established that speech creating a 'clear and present danger' is not protected by the First Amendment.

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Brown v. Board of Education (1954)

Declared that race-based school segregation violates the Equal Protection Clause of the Fourteenth Amendment.

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Texas v. Johnson (1989)

Held that flag burning is a form of protected speech under the First Amendment.

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Roe v. Wade (1973)

Established a woman's legal right to have an abortion during the first trimester.