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Flashcards in Court Cases Deck (27):

Madison vs. Marbury

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


Fletcher vs. Peck

First time federal courts declared state law unconstitutional


McCulloch vs. Maryland

The bank of the United States was declared constitutional


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


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


Harper vs. VA State Board of Elections

The poll tax, as a requirement for voting is unconstitutional


Kirkpatrick vs. Preisler

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


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


Gibbons vs. Ogden

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


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


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


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


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


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


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


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"


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

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


Miranda vs. Arizona

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


Gregg vs. Georgia

The death penalty doesn't violate constitution


Munn vs. Illinois

Federal Gov. can regulate public utilities


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


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


Plessy vs. Ferguson

Separate but equal accommodations for the races is constitutional


Brown vs. Board of Education of Topeka, Kansas

Separate but Equal" in the public school system is unconstitutional