AP gov court cases
Terms in this set (24)
Marbury v. Madison
Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court.
McCulloch v. Maryland
Established national supremacy; established implied powers; use of elastic clause; state unable to tax fed. institution; John Marshall; "the power to tax involves the power to destroy."
Gibbons v. Ogden
Court struck down New York steamboat monopoly. Signaled Court's broad interpretation of the Commerce Clause as encompassing all types of commercial activity.
Plessy v. Ferguson
Established separate but equal doctrine.
Schenck v. US
Oliver Wendell Holmes; clear and present danger test; shouting "fire" in a crowded theater; limits on speech, esp. in wartime (urging men to resist the draft, war warrants abridgement of speech).
Gitlow v. New York
Anarchist calling for overthrow of the government. Established precedent of federalizing Bill of Rights (applying them to States); States cannot deny freedom of speech - protected through due process clause of Amendment 14
Palko v. Connecticut
Provided test for determining which parts of Bill of Rights should be federalized - those which are implicitly or explicitly necessary for liberty to exist.
Brown v. Board
School segregation unconstitutional; segregation psychologically damaging to blacks; overturned separate but equal; use of 14th Amendment; judicial activism of Warren Court; unanimous decision.
Mapp v. Ohio
Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism.
Engel v. Vitale
Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.
Baker v. Carr
"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's judicial activism.
Abbington v. Schempp
Prohibited devotional Bible reading in public schools by virtue of establishment clause and due process clause. Warren Court's judicial activism
Gideon v. Wainwright
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
Ordered House districts to be as near equal in population as possible (extension of Baker v. Carr to Congressional districts).
Escobedo v. Illinois
Established right of accused to invoke 6th amendment at any time during police questioning to exercise right to counsel
Griswold v. Connecticut
Established right of privacy implied in 4th and 9th Amendments; set a precedent for Roe v. Wade.
Miranda v. Arizona
Established Miranda warnings of counsel and silence. Must be given before questioning. Warren Court's judicial activism in criminal rights.
Epperson v. Arkansas
Prohibited states from banning the teaching of evolution.
Tinker v. Des Moines
Guaranteed a student's right to protest (wearing armbands).
Lemon v. Kurtzman
Established 3-part test to determine if establishment clause is violated: non-secular purpose, advances/inhibits religion, excessive entanglement with government.
Furman v. Georgia
State death penalties (as then applied) are arbitrary and violate equal protection of 14th Amendment.
Roe v. Wade
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.
Miller v. California
Creates Miller test for obscenity; community standards, illegal sexual conduct in patently offensive way, lacks artistic value.
U.S. v. Nixon
Allowed for executive privilege, but not in criminal cases; "Even the President is not above the law;" Watergate scandal.