Supreme Court Cases Flashcards

1
Q

Do the plaintiffs have a right to receive their commissions/sue in court?

Established judicial review

A

Yes

Marbury v. Madison

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2
Q

Did Congress have the authority to establish the bank? And was the state law imposing taxes on it unconstitutional?

A

Yes and yes

McCulloch v. Maryland

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3
Q

Does the 5th amendment deny the states the right to take private property for public use?

A

No, because 5th amendment doesn’t apply to the states -ONLY fed gov’t.

Barron v. Baltimore

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4
Q

Forbid guns in school zones under Commerce Clause?

A

No, not an economic activity so Congress can’t control.

US v. Lopez

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5
Q

Is racial gerrymandering a violation of the Equal Protection Clause?

A

Yes

Miller v. Johnson

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6
Q

Did the Supreme Court have jurisdiction over questions of legislative apportionment?

A

No such questions to be answered, legislative apportionment can be brought to court itself.

Baker v. Carr

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7
Q

Did Georgia’s congressional districts violate the 14th Amendment or deprive citizens of full benefit of their right to vote?

A

Yes, it discriminated against voters’ “most precious right.”

Wesberry v. Sanders

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8
Q

Did the Nixon administration’s efforts to prevent the publication of what it termed “classified information” violate the 1st amendment?

A

Yes

New York Times v. US

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9
Q

Did the limits placed on electoral expenditures by the Federal Election Campaign Act of 1971 violate the 1st amendment’s freedom of speech?

A

Limits on individual contributions does not violate the 1st amendment. However, other limitations do not necessarily enhance corruption so restricting them isn’t a big enough issue.

Buckley v. Valeo

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10
Q

Hillary Movie: if communication lacks a clear plea to vote for/against a particular candidate, is it subject to regulation under the Bipartisan Campaign Reform Act?

A

Yes

Citizens United v. FEC

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11
Q

Did Alabama’s libel law, by not requiring ___ to prove that an advertisement personally harmed him and dismissing the same as untruthful due to factual errors, unconstitutionally infringe on the 1st Amendment’s freedom of speech/press protections?

A

First Amendment protects publications of ALL statements about public officials except when statements are made with actual malice.

New York Times v. Sullivan

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12
Q

Is the Pres’ right to safeguard certain info using his “executive privilege” confidentially power, entirely immune from judicial review?

A

No, limited executive privilege in areas of military/diplomatic affairs.

US v. Nixon

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13
Q

Does the reading of the nondenominational prayer at the start of the school day violate the “establishment of religion” clause of the 1st amendment?

A

Yes

Engel v. Vitale

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14
Q

Does the 6th amendment’s right to counsel in criminal cases extend to felony defendants in state courts?

A

Yes, poor, mean people get attorneys too!

Gideon v. Wainwright

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15
Q

Is the New York law punishing advocacy to overthrow the gov’t by force an unconstitutional violation of the free speech clause of the 1st amendment?

A

A state may forbid speech/publication if it can result in dangerous action to public security.

Gitlow v. New York

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16
Q

Does the Constitution protect the right of marital privacy against state restrictions on a couple’s ability to be counseled in the use of contraceptives?

A

This is void bc there is a right to privacy in marital relations

Griswold v. Connecticut

17
Q

Did the Pres/Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent?

A

Side w/ gov’t and said the need to protect against espionage outweighed Korematsu’s rights.

Korematsu v. US

18
Q

Do statutes that provide state funding for non-public, non-secular schools violate the Establishment Clause of the 1st amendment?

A

Yes

Lemon v. Kurtzman

19
Q

Were the confiscated materials protected by the 1st amendment?

A

Exclusionary rule

Mapp v. Ohio

20
Q

Are ___ actions (words, expression) sent to draftees protected by the free speech clause of 1st amendment?

A

No, during wartime utterances tolerable in peacetime can be punished.

Schenck v. US

21
Q

Did __ violate the 14th amendment Equal Protection Clause & Civil Rights Act of 1964 by practicing affirmative action policy?

A

Colleges can’t have quotas, but race can be one criteria for admission.

University of California Regents v. Bakke

22
Q

Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the students’ freedom of speech protections guaranteed by the 1st amendment?

A

Yes

Tinker v. Des Moines

23
Q

Did this state’s requirement that all parents send their children to school at least until age 16 violate the 1st amendment by criminalizing the conduct of parents who refused to send their children to school for religious reasons?

A

Individual’s interests in free exercise of religion OUTWEIGHS state’s interests

Wisconsin v. Yoder (lol the amish)

24
Q

Does the 2nd amendment apply to the states bc it is incorporated by the 14th amendment’s Privileges and Immunities or Due Process clauses?

A

Yes it applies to the states bc right to self-defense is “fundamental”

McDonald v. Chicago