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Flashcards in Court Cases Deck (44):
0

What are the two cases based on Judicial Review?

1. Marbury vs. Madison
2. Fletcher vs. Peck

1

What was the outcome of Marbury vs. Madison?

The court has the right to determine the constitutionality of law.

2

What was significant about Fletcher vs. Peck?

It was the first time the federal courts declared a state law to be unconstitutional.

3

What case was considered to be under the implied powers?

McCullough vs. Maryland

4

What was determined in McCullough vs. Maryland?

The bank of the US was declared constitutional.

5

What was the significance of McCullough vs. Maryland?

The constitution gives congress the power to carry out the expressly granted in the Necessary &Proper Clause.

6

What case qualifies as "Supremacy of Federal Law"?

Ableman vs. Booth

7

What happened because of Ableman vs. Booth?

When a person is legally in federal custody for a federal offense, and the fact has been made known to the state, the state no longer has jurisdiction because federal authority is exclusive.

8

What case fell under the "Relationship Between the States/Union"?

Texas vs. White

9

What was the outcome of Texas vs. White?

Secession is not constitutionally possible.

10

What 4 cases were "Suffrage and Election" cases?

1. Guinn vs. US
2. Baker vs. Carr
3. Harper vs. VA
4. Kirkpatrick vs. Preisler

11

What happened because of Guinn vs. US?

The courts overruled an Oklahoma "grandfather clause" because the intent was to disfranchise blacks and violate the 15th amendment.

12

What was the significance of Baker vs. Carr?

Equal population in the districts.

13

What happened as a result of Harper vs. VA?

The poll tax, as a requirement for voting, was declared unconstitutional.

14

What was significant about Kirkpatrick vs. Preisler?

When dividing a state for congressional districts, the state legislature must have equal population.

15

What case was an "Investigative Powers of Congress" case?

Kilbourn vs. Thompson

16

What was significant about 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.

17

What was the case under "Commerce Power"?

Gibbons vs. Ogden

18

What happened as a result of Gibbons vs. Ogden?

The court reaffirmed that congress has the authority to regulate foreign and domestic trade.

19

The "Selective Draft Law Cases" were taken from what set of cases?

The War Powers Cases

20

What was the outcome of the Selective Draft Law Cases?

The constitutional power to raise armies includes the power to compel military service (compulsory service is an obligation of a citizen to his government.)

21

What two cases were under the "Power of the Presidency" cases?

1. Kendall vs. US
2. Clinton vs. NYC

22

What happened because of Kendall vs. US?

An officer to the US may not refuse to perform a duty imposed upon him by an act if congress, even though the president ordered him to perform the duty. (Law is above the president)

23

What was the outcome of Clinton vs. NYC?

Congress lacks the power to give the president a line-item-veto. (Only a constitutional amendment can grant a line-item-veto)

24

"Chaplinsky vs. NH", "Dennis vs. US", "Tinker vs. Des Moines", "Board of Edu. of Westside Community Schools vs. Mergens" and "Eichman vs. US" are what types of cases?

Freedom of Speech

25

What was the outcome of Chaplinsky vs. NH?

The right of free speech does not include the use of lewd, obscene, profane and libelous expressions or words which by their very utterance inflict injury or tend to incite an immediate breach of the peace.

26

What happened as a result of Dennis vs. US?

Freedom of speech does not include any action that's goal is the violent overthrow of the US in peacetime or war.

27

What was the result of Tinker vs. Des Moines School District?

Students may express personal opinions as long as they do not materially disrupt class work, create substantial disorder or interfere with the rights of others.

28

What happened because of Board/Edu. of Westside vs. Mergens?

Allowing students to meet on campus to discuss religion is constitutional because it does not amount to "state sponsorship of a religion".

29

What came out of Eichman vs. US?

Flag burning constitutes expressive conduct, and this is entitled to constitutional protection. (It's legal.)

30

Which cases fell under those of "Right to an Attorney"?

1. Gideon vs. Wainwright
2. Escobedo vs. IL
3. Miranda vs. AZ

31

What was significant about Gideon vs. Wainwright?

Every felony defendant must be provided with a lawyer- regardless of their ability to pay.

32

What was the result of Escobedo vs. IL?

Any suspect who has requested a lawyer must be provided with one. If a suspect has not been warned of his right to remain silent, he has been deprived of his right to counsel, as guaranteed by the 6th amendment.

33

What was the outcome of Miranda vs. AZ?

A suspect in the hands of police authorities must be clearly informed of his rights, prior to questioning.

34

What case fell under the Cruel and Unusual Punishment category?

Gregg vs. GA

35

What was the result of Gregg vs. GA?

The death penalty does not violate the constitution.

36

What two cases were under the "Federal Regulation of Business" cases?

1. Munn vs. IL
2. Standard Oil Co. vs. US

37

What was the result of Munn vs. IL?

The federal government can regulate public utilities.

38

What was significant about Standard Oil Co. vs. US?

It outlawed monopolies

39

Which case is the most significant "Privacy" case?

Roe vs. Wade

40

What happened because of Roe vs. Wade?

The court declared a state law outlawing abortion unconstitutional because the law violated the due process clause of the 14th amendment. (protects the right of privacy)

41

What two cases were part of "Equal Protection Under the Law" cases?

1. Plessy vs. Ferguson
2. Brown vs. Board/Edu. of Topeka, KS

42

What was significant about Plessy vs. Ferguson?

"Separate but Equal" accommodations for the races is constitutional.

43

What was important about Brown vs. Board/Edu. of Topeka?

"Separate but Equal" in the public schools is unconstitutional.