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Flashcards in Court Cases Deck (27):
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Madison vs. Marbury

Judicial Review- the right of the court to determine the constitutionality of law

1

Fletcher vs. Peck

First time federal courts declared state law unconstitutional

2

McCulloch vs. Maryland

The bank of the United States was declared constitutional

3

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

4

Texas vs. White

Secession is not constitutionally possible

5

Guinn vs. United States

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

6

Harper vs. VA State Board of Elections

The poll tax, as a requirement for voting is unconstitutional

7

Kirkpatrick vs. Preisler

In dividing a state into congressional districts, the state legislature must make all districts equal in population

8

Killbourn vs. Thompson

The investigative powers of congress are limited to matters within its proper sphere, on which it has shown an intent to legislate

9

Gibbons vs. Ogden

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

10

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

11

Kendall vs. United States

An officer to the United States may not refuse to preform a duty imposed upon him by an act of congress, even though the president ordered him not to perform the duty

12

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

13

Chaplinsky vs. New Hampshire

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

14

Dennis vs. United States

Freedom of speech doesn't include any action that's goal is the violent overthrow of the United States in peacetime or war

15

Tinker vs. Des Moines School District

Students may express personal opinions as long as they don't materially disrupt class work, create substantial disorder, or interfere with the rights of others

16

Board of Education of Westside Community Schools vs. Mergens

Allows students to meet on campus and discuss religion is constitutional because it doesn't amount to "state sponsorship of a religion"

17

Eichman vs. United States

Flag burning constitutes expressive conduct, and thus is entitled to constitutional protection

18

Gideon vs. Wainwright

Every felony defendant must be provided with a lawyer regardless of the defendants ability to pay

19

Escobedo vs. Illinois

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

20

Miranda vs. Arizona

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

21

Gregg vs. Georgia

The death penalty doesn't violate constitution

22

Munn vs. Illinois

Federal Gov. can regulate public utilities

23

Standard Oil Company vs. United States

The company was ordered to dissolve because it was using it economic power to restrain trade in violation of the Sherman Anti-Trust Act of 1890

24

Roe vs. Wade

The court declared a state law outlawing abortion unconstitutional because the law violated the due-process clause of the 14th Amendment which protects to right of privacy

25

Plessy vs. Ferguson

Separate but equal accommodations for the races is constitutional

26

Brown vs. Board of Education of Topeka, Kansas

Separate but Equal" in the public school system is unconstitutional