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Civil Liberties: Case Law List
Terms in this set (28)
Marbury v. Madison (1803)
Establishes the doctrine of judicial review.
McCullough v. Maryland (1819)
Established the Supremacy of the Federal Government by striking down a state tax on banks
Heart of Atlanta v. U.S
Enforced the public accommodations of the Civil Rights Act of 1964
Gibbons v. Ogden (1824)
Affirmed the broad authority of Congress over interstate commerce. National government laws are supreme.
Shaw v. Reno (1993)
The Supreme Court ruled the state legislatures could consider race when they drew electoral districts to increase the voting strength of minorities. It can not be the predominate reason.
Meant to make up for dejure and defacto segregation.
Led to charges of reverse discrimination
Buckley v. Valeo (1976)
Declared sections of the Federal Election Campaign Act (FECA) unconstitutional, but still allowed limitations on contributions and their disclosure. Overruled by Citizens United v. FEC
Baker v. Carr
The Supreme Court did have jurisdiction over state legislative reapportionment. Westbury v. Sanders
U.S. v. Nixon (1974)
The President does have executive privilege but that claim is not exempt by review by the courts. (Watergate and the tapes)
U.S. v. Lopez (1995)
Supreme Court placed limits on the government's use of the commerce clause. Congress had used the commerce clause to pass a law banning guns within 1000 ft. of a school. The law was struck down.
U.S. v. Curtiss Wright (1936)
Upheld presidential authority of the president to act as the sole organ in international relations.
INS v. Chada (1981)
Declared an immigration act by Congress to be unconstitutional because it violated the separation of powers.
Clinton v. New York
Supreme Court struck down line item veto
Plessy v. Ferguson (1896)
Creates the separation but equal doctrine
Brown v. Board of Education, Topeka (1954)
Struck down segregated public schools
Brown v. Board of Education, Topeka II
Desegregate "With all deliberate speed"
Tinker v. Des Moines School District
Upheld student free speech
Bakke v. California (1978)
Supreme Court ruled an affirmative action program for medical school at the University of California as unconstitutional because it set quotas on admissions. First serious reversal of affirmative action (Programs designed to overcome discrimination against minorities) Critics refer to these programs as reverse discrimination.
Schehck v. U.S (1919)
Free speech rights are limited in national crisis. Created the "Clear and Present danger test" the danger must be real (action) and imminent Abrams v. U.S
Gitlow v. U.S (1925)
Supreme Court applied the 14th Amendment to the states, allowed the due process clause of the 14th Amendment to be applied to the states to protect fundamental constitutional rights.
New York Times v. Sullivan (1964)
The Supreme Court established guidelines for libel cases and set limits on the monetary damages states could award.
New York Times v. U.S (1970)
The Nixon administration violated the 1st Amendment in trying to prevent the publication of the Pentagon Papers
Texas v. Johnson (1989)
The Supreme Court struck down a Texas law banning flag burning
Griswald v. Conneticut (1965)
The Supreme Court used elements of the 1st, 3rd, 4th, 5th, 9th, and 14th Amendments to recognize the right to privacy in the Constitution. Highly controversial because the Constitution and the Bill of Rights do no mention a right to privacy.
Roe v. Wade (1973)
Planned Parenthood v. Casey
Upheld Roe v. Wade
Mapp v. Ohio (1961)
The Supreme Court established the exclusionary rule or rules that exclude from a criminal trial that police obtained unconstitutionally or illegally. "Fruit of the poisonous tree"
Miranda v. Arizona (1966)
No evidence can be used against a defendant if they have not been made aware of their rights. "The Miranda Warning"
Gideon v. Wainwright (1963)
The government must provide attorneys to defendants who cannot afford one. This decision overturned Betts v. Brady (1942) which stated the government only had to provide attorneys in capital crimes.
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