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Politics of the United States
Terms in this set (40)
Marbury v. Madison (1803)
Established judicial review; midnight judges; John Marshall; power of Supreme Ct.
McCulloch v. Maryland (1819)
Established national supremacy; established implied powers; use of elastic clause; state unable to tax fed.; John Marshall; the power to tax involves the power to destroy
Gibbons v. Ogden (1824)
Established a broad interpretation of the Commerce Clause; determined Congress' power encompassed virtually every form of commercial activity. The Commerce Clause has been the constitutional basis for much of Congress' regulation of the economy.
Plessy v. Ferguson (1896)
Established separate but equal. Gave Supreme Court approval to Jim Crow laws.
Weeks v. US (1914)
Established the "Exclusionary Rule" at the federal level; illegally obtained evidence cannot be used in court.
Schenck v. US (1919)
Oliver Wendell Holmes; clear and present danger test; shouting "fire" in a crowded theater; limits on speech, esp. in wartime
Gitlow v. New York (1925)
Established precedent of federalizing Bill of Rights (applying them to the states); states cannot deny freedom of speech protected through due process clause of 14th Amend.
Near v Minnesota (1931)
Held that the 1st Amendment protects newspapers from prior restraint
Palko v. Connecticut (1937)
Provided test for determining which parts of the Bill of Rights should be federalized to those which are implicity or explicitly necessary for liberty to exist
Korematsu v. US (1944)
Upheld as constitutional the internment of Japanese Americans during WWII
Brown v. Board of Education 1 (1954)
School segregation unconstitutional; segregation psychologically damaging to blacks; overturned separate but equal;
Brown v. Board of Education 2 (1955)
Ordered schools to desegregate with all due and deliberate speed
Roth v United States (1957)
Established that obscenity is not constitutionally protected free speech or press
Mapp v. Ohio (1961)
Established the exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism in criminal rights
Engel v. Vitale (1962)
Prohibited state-sponsored recitation of prayer in public schools by virtue of the 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.
Baker v. Carr (1962)
"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's political judicial activism.
Abbington v. Schempp (1963)
Prohibited devotional Bible reading in public schools by virtue of establishment clause & 14th Amendment's due process clause. Warren Court's judicial activism.
Gideon v. Wainwright (1963)
Ordered states to provide lawyers for those unable to afford them in criminal proceedings. Warren Court's judicial activism in criminal rights.
Wesberry v. Sanders (1963)
Ordered House districts to be as near equal in population as possible.
NY Times v. Sullivan (1964)
Held that statements about public figures are libelous only if made with malice and reckless disregard for truth.
Griswald v. Connecticut (1965)
Est. right of privacy through 4th & 9th Amendments. Set a precedent for Roe v. Wade.
Miranda v. Arizona (1965)
Established Miranda warnings of counsel and silence. Must be given before questioning. Warren Court's judicial activism in criminal rights.
Lemon v. Kurtzman (1971)
Established 3-part test to determine if establishment clause is violated: nonsecular purpose, advances/inhibits religion, excessive entanglement with government.
Miller v. California (1973)
Established that community standards be used in determining whether material is obscene in terms of appealing to prurient interest, being "patently offensive," and lacking in value
Roe v. Wade (1973)
Established national abortion guidelines; trimester guidelines; no state interference in 1st; state may regulate to protect health of mother in 2nd; state may regulate to protect health of unborn child in 3rd. Inferred from right of privacy established in Griswald v. Connecticut.
US v. Nixon (1974)
Allowed for executive privilege, but not in criminal cases; "Even the President is not above the law"; Watergate
Buckley v. Valeo (1976)
1st Amendment protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns. The decision opened the door for PACs to spend unlimited amounts of money for campaigning activities so long as they're not directly coordinated with a particular campaign.
Gregg v. Georgia (1976)
Upheld the constitutionality of the death penalty; death penalty does not constitute cruel and unusual punishment; overturned Furman v. Georgia (1972).
U.C. Regents v. Bakke (1978)
Bakke & UC Davis Med School; declared strict quotas unconstitutional but states may allow race to be taken into account as ONE factor in admissions decisions. Bakke was admitted; affirmative action.
Texas v. Johnson (1989)
Struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the 1st Amendment.
Planned Parenthood v. Casey (1992)
States can regulate abortion, but not with the regulations that impose "undue burden" upon women; did not overturn Roe, but gave state more leeway in regulating abortion (e.g. 24-hour waiting period, parental consent for minors).
Shaw v. Reno (1993)
No racial gerrymandering; race cannot be the "sole or predominant" factor in redrawing legislative boundaries; majority-minority districts.
US v. Lopez (1995)
Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce. The first case to begin reigning in Congress' authority under the Commerce Clause.
Clinton v. NY (1998)
Banned presidential use of line-item veto.
Bush v. Gore (2000)
Use of 14th Amendment's eual protection clause to stop the Florida recount in the 2000 election.
Zelman v. Simmons-Harris (2002)
Public money can be used to send disadvantaged children to religious schools in tuition voucher programs.
Ashcroft v. ACLU (2002)
Struck down a federal ban on "virtual" child pornography.
Lawrence v. Texas (2003)
Using right of privacy, struck down Texas law banning sodomy.
Gratz v. Bollinger (2003)
Struck down use of bonus points for race in undergrad admissoins at University of Michigan; affirmative action.
Grutter v. Bollinger (2003)
Allowed the use of race as a general factor in law school admissions at University of Michigan; affirmative action.
Recommended textbook explanations
Magruder's American Government
William A. McClenaghan
United States Government: Principles in Practice
Luis Ricardo Fraga
United States Government: Democracy In Action
Richard C. Remy
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7th Grade Civics EOC Florida - Executive Branch
Civics Essential Terms
7th Grade Civics EOC Florida - Judicial Branch
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