| Term | Definition |
|---|
| Marbury v. Madison | The Supreme Court has the power of judicial review (i.e., the power to determine whether the laws passed by Congress, and the acts of the Executive Branch, violate the Constitution). |
| Hamdi v. Rumsfeld | A United States citizen may be detained indefinitely by the President as an "enemy combatant;" but has the right to a review of his status as an "enemy combatant" by a "neutral decision maker." |
| Rasul v. Bush | A non-US citizen may be detained indefinitely by the President of the United States as an "enemy combatant;" but has the right to a review of his status as an "enemy combatant" by a "neutral decision maker." |
| Boumediene v. Bush | The procedures established by Congress in the Military Commissions Act of 2006 for determining whether persons detained indefinitely as "enemy combatants" are, in fact, "enemy combatants" create a "considerable risk of error." Accordingly, they cannot substitute for a civilian court's review of the status of an alleged "enemy combatant." |
| Everson v. Board of Education | -- Under the First Amendment's Establishment Clause, neither the federal government nor a state may "aid one religion, aid all religions, or prefer one religion over another..." |
| Lemon v. Kurtzman | A government action violates the Establishment Clause of the First Amendment if: 1) it has the primary purpose of advancing religion; 2) it has the primary effect of advancing religion; or 3) it risks "excessive government entanglement with religion." |
| Schenck v. United States | The First Amendment does not protect speech that presents a "clear and present danger" of public disorder, lawlessness or rebellion. |
| Brandenburg v. Ohio | The First Amendment protects speech that advocates disorder, lawlessness or rebellion unless the speech is directed to inciting or producing imminent lawless action and is likely to produce imminent lawless action. |
| New York Times Co. v. Sullivan | A public official or public figure suing a publisher for libel (i.e., defamation) must prove that the publisher published the libelous story knowing that it was false or with "reckless disregard of its truth or falsity." |
| New York Times Co. v. United States | Except in extraordinary circumstances, a court may not prevent the news or entertainment media from publishing or broadcasting material allegedly not protected by the First Amendment. (This is known as the doctrine of "prior restraint.") If the material is not protected by the First Amendment, the government -- or any party claiming to be injured by the publication or broadcast of the material -- may take appropriate action (i.e., criminal prosecution or civil litigation) after publication. |
| Gideon v. Wainwright | The Sixth Amendment requires the federal government, and the states, to provide government-paid lawyers to criminal defendants who cannot afford lawyers. |
| Miranda v. Arizona | A person in police custody may not be questioned without his attorney present unless he has been told: 1) that he has the right to remain silent; 2) that he has the right to an attorney (at government expense if he cannot afford one); and 3) that anything he says after he acknowledges that he understands these rights may be used as evidence against him at his trial. |
| Korematsu v. United States | A law that classifies people on the basis of race or national origin ("suspect classifications"), or imposes burdens on the basis of race or national origin, is subject to "strict scrutiny" -- it can only be justified if it is essential to a compelling government purpose. |
| Ex parte Endo | The federal government may not subject a loyal US citizen to detention. |
| Brown v. Board of Education | The Equal Protection Clause of the 14th Amendment prohibits racial segregation in public schools (and, by extension, in all other government programs and public facilities). |
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