18 terms

Exam 1


Terms in this set (...)

McCulloch v Maryland
Congress makes a national bank ( to deal w loans and currency); State passes a law taxing the bank of the US (cashier, refuses to pay that tax)-Can Congress create this national bank? Yes- "necessary and proper" clause; Can state tax the bank? No. Supremacy clause; "The power to Tax is the power to destroy."
Gibbons v. Ogden
Deals with commerce power; State grants a monopoly to run steamboats btwn states; another gets a monopoly from the national govt; SC explains that the national govt's commerce power is "Comprehensive", thus monopoly is null and void
Miranda v. Arizona
Accused of rape and kidnapping, taken in, interrogated, convicted solely on his confession ( didn't know he had the right to remain silent and to an attorney); New trial, is still convicted ( from evidence apart from confession)
Dred Scott
Limiting of national power- Congress is absolutely powerless to prohibit slavery in the South ( promote not regulate)
The Slaughterhouse Cases
test changes to the 14th Ammendment; monopoly for "sanitary reasons" in LA; sue on the "takings clause"-> SC says no: purpose of the 14th Ammendment is to afford some protections to Af Am after Civil War ( 1 & 2nd clauses useless)
Barron v. Baltimore
Deals with whether or not the Bill of Rights protects from state govt; person owns a warf; -->Sue the city of with part of the 5th amendment "takings clause; rules that he is not entitled to his claim because the Bill of rights only protects you from the national gvt; Individuals have dual citizenship ( of the state and the national govt)
Plessy v. Ferguson
Total set up to test separate but equal; Supreme Court- "separate but equal" does not violate the separate but equal; Political equality ( what equal protection is meant to address) vs. Social equality (only reinforcing already existing social inequality); Now the deep South rush to put in more laws
Brown v. Board of Education of Topeka Kansas
Dad wants daughter to go to neighborhood school, rather than farther black school; SC Looking for a case to overturn "separate but equal" - border state; Unanimous decision!! to overturn Plessy vs. Ferguson; Separate in educational facilities is inherently unequal
Shelley v. Kramer
Neighborhood segregation; Common in a white neighborhood to sign restrictive covenants- only sell to whites; You can sign it, but the State cannot enforce restrictive covenants
Gitlow v. New York
State tries to make it illegal to promote anarchy; 1st Ammendment "freedom of speech" liberty extended to state level
Near v. Minnesota
hate mongering magazine; SC extends the "freedom of press" under the "due process" clause; "no prior restraint on the press" = cannot stop from publishing
NLRB v. Jones & Laughlin Steel
(1937) "The switch in time that saves nine;" fundamental shift in power relations- deals with court packing and the legality of congressional boards; layer cake to marble cake; start of cooperative federalism
Sweatt v. Painter
law school at t.u.; Black law school in the basement of t.u. equal to the gorgeous white building on top; Specific instance of separate but UNequal
Mapp v. Ohio
Search and seizure at the state level; Trying to catch her for gambling- fake warrant, take her in for porn; Supreme Court- exclusionary rule of search and seizure extended to state level
Smith v. Allrwright
All white primaries are unconstitutional; Political parties are public organizations ( and thus cannot discriminate on race)
Gideon v. Wainwright
Asks for a lawyer- not a capital crime; convicted, goes to jail, asks for a writ of habeus corpus; Supreme Court: the right to an attorney should be extended to state level-for felony cases; (Later extended to all cases where you might get jail time)
The Civil Rights Cases
protection comes in layers of a ladder- strict scrutiny, intermediate scrutiny, and rational basis cases
Reed v. Reed
State Law- will that does not state the executive, the executer would be a male relative; SC laws that make arbitrary decisions based on sex are unconstitutional