Court Cases Flashcards
(30 cards)
Marbury vs Madison
Established the principal of Judicial Review
Judicial Review
The right of the court to determine the constitutionality of law
Fletcher vs Peck
The first time the federal courts declared a state law to be unconstitutional
McCulloch vs Maryland
The Bank of the US was declared constitutional
The Constitution gives Congress the authority to what
Carry out the powers expressly granted in the “necessary and proper clause”
Ableman vs Booth
When a person is in federal custody the state doesn’t have jurisdiction
Texas vs White
Secession is not constitutionally possible
Guinn vs United States
The court overruled an Oklahoma “grandfather clause” because the intent was to disfranchise blacks and violate the 15th Amendment
Baker vs Carr
The division of voters where members of the state legislature are chosen must be equal
“One man, one vote”
Harper vs Virginia State Board of Elections
The poll tax, as a requirement for voting, is unconstitutional
Kirkpatrick vs Preisler
All districts must have equal population
Kilbourn vs Thompson
The investigative powers of Congress are limited to matters within its proper sphere, on which it has shown an intent to legislate
Gibbons vs Ogden
The court reaffirmed that Congress has the authority to regulate foreign and domestic trade
Selective Draft Law Cases
The draft is constitutional
Kendall vs United States
If Congress tells an officer to do something they have to do it
Clinton vs New York City
Congress lacks the power to give the president a line-item-veto. Only a constitutional amendment can grant an line-item-veto
Chaplinsky vs New Hampshire
Free speech doesn’t include harmful speech
Dennis vs United States
Freedom of speech does not include any actions that’s goal is the violence overthrow of the United States in peacetime or war
Tinker vs Des Moines School District
Students may express personal opinions as long as they do not materially disrupt classwork, create substantial disorder, or interfere with the rights of others
Board of Education of Westside Community Schools vs Mergens
Allowing students to meet on campus and discuss religion is constitutional because it does not amount to “state sponsorship of a religion”
Eichman vs United States
Flag burning constitutes expressive conduct, and thus is entitled to constitutional protection
Gideon vs Wainwright
Every felony defendant must be provided with a lawyer regardless of the defendants ability to pay
Escobedo vs Illinois
Everyone has a right to a lawyer. The Government has to let a person know that they have the right to remain silent.
Miranda vs Arizona
A suspect in the hands of police authorities must be clearly informed of his rights prior to any questioning
