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Flashcards in Court Cases Deck (84)
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McCulloch vs Maryland (1819)

FEDERAL-STATE RELATIONS- The Constitution's "necessary and proper" clause permits Congress to take actions (in this case, a national bank) when it is essential to a power that Congress has (in this case, managing currency).


Gibbons vs. Ogden (1824)

FEDERAL-STATE RELATIONS- The Constitution's commerce clause gives the national government exclusive power to regulate interstate commerce.


Wabash, St. Louis and Pacific Railroad v. Illinois (1886)

FEDERAL-STATE RELATIONS- The states may not regulate interstate commerce.


United States v. Lopez (1995)

FEDERAL-STATE RELATIONS- The national government's power under the commerce clause does not permit it to regulate matters not directly related to interstate commerce (In this case, banning firearms in a school zone)


Gitlow v. New York (1925)

INCORPORATION- Supreme Court says the First Amendment applies to states.


Palko v. Connecticut (1937)

INCORPORATION- Supreme Court says that states must observe all "fundamental" liberties.


Schenck v. United States (1919)

FREE SPEECH- Speech may be punished if it creates a clear-and-present-danger test of illegal acts.


Caplinsky v. New Hampshire (1942)

FREE SPEECH- "Fighting words" are not protected by the First Amendment.


New York Times v. Sullivan (1964)

FREE SPEECH- To libel a public figure, there must be "actual malice."


Tinker v. Des Moines (1969)

FREE SPEECH- Public school students may wear armbands to class protesting against America's war in Vietnam when such a display does not disrupt class.


Miller v. California (1973)

FREE SPEECH- Obscenity defined as appealing to prurient interests of an average person with materials that lack literary, artistic, political, or scientific value.


Texas v. Johnson (1989)

FREE SPEECH- There may not be a law to ban flag-burning.


Reno v. ACLU (1997)

FREE SPEECH- A law that bands sending "indecent" material to minors over the internet is unconstitutional because "indecent" is too vague and broad a term.


McConnell v. Federal Election Commission (2003)

FREE SPEECH- Upholds 2002 campaign finance reform law.


FEC v. Wisconsin Right to Life (2007)

FREE SPEECH- Prohibits campaign finance reform law from banning political advocacy.


Pierce v. Society of Sisters (1925)

RELIGIOUS FREEDOM- Though states may require public education, they may not require that students attend only public schools.


Everson v. Board of Education (1947)

RELIGIOUS FREEDOM- The wall-of-separation principle is announced.


Zorauch v. Clauson (1952)

RELIGIOUS FREEDOM- States may allow students to be released from public schools to attend religious instruction.


Engel v. Vitale (1962)

RELIGIOUS FREEDOM- There may not be a prayer, even a nondenominational one, in public schools.


Lemon v. Kurtzman (1971)

RELIGIOUS FREEDOM- Three tests are described for deciding whether the government is improperly involved with religion.


Lee v. Weisman (1992)

RELIGIOUS FREEDOM- Public schools may not have clergy lead prayers at graduation ceremonies.


Santa Fe Independent School District v. Doe (2000)

RELIGIOUS FREEDOM- Students may not lead prayers before the start of a football game at a public school.


Zelman v. Simmons-Harris (2002)

RELIGIOUS FREEDOM- Voucher plan to pay school bills is upheld.


Mapp. v. Ohio (1961)

CRIMINAL CHARGES- Evidence illegally gathered by the police may not be used in a criminal trial.


Gideon v. Wainwright (1964)

CRIMINAL CHARGES- Persons charged with a crime have a right to an attorney even if they cannot afford one.


Miranda v. Arizona (1966)

CRIMINAL CHARGES- Court describes ruling that police must give to arrested persons.


United States v. Leon (1984)

CRIMINAL CHARGES- Illegally obtained evidence may be used in a trial if it was gathered with good faith without violating the principles of Mapp. v. Ohio.


Dickerson v. United States (2000)

CRIMINAL CHARGES- The Mapp decision is based on the constitution and it cannot be altered by Congress passing a law.


Rasul v. Bush and Hamdi v. Rumsfeld (2004)

CRIMINAL CHARGES- Terrorist detainees must have access to a neutral court to decide if they are legally held.


Dred Scott Case (Scott v. Sanford, 1857)

CIVIL RIGHTS- Congress had no authority to ban slavery in a territory. A slave was considered a piece of property.