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21 terms

Government Supreme Court Cases + extra terms

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Marbury v Madison
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution.
Weeks v US
the United States Supreme Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment.[1] It also set forth the exclusionary rule that prohibits admission of illegally obtained evidence in federal courts.[2]
Miller v California
was an important United States Supreme Court case involving what constitutes unprotected obscenity for First Amendment purposes. The decision reiterated that obscenity was not protected by the First Amendment and established the Miller test for determining what constituted obscene material.
Gitlow v NY
was a decision by the United States Supreme Court, which ruled that the Fourteenth Amendment to the United States Constitution had extended the reach of certain provisions of the First Amendment—specifically the provisions protecting freedom of speech and freedom of the press—to the governments of the individual states.
Furman v GA
was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty. The case led to a de facto moratorium on capital punishment throughout the United States, which came to an end when Gregg v. Georgia was decided in 1976
McCullough v Maryland
was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. Though the law, by its language, was generally applicable to all banks not chartered in Maryland, the Second Bank of the United States was the only out-of-state bank then existing in Maryland, and the law was recognized in the court's opinion as having specifically targeted the U.S. Bank. The Court invoked the Necessary and Proper Clause of the Constitution, which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers, provided those laws are in useful furtherance of the express powers of Congress under the Constitution.
Mapp v Ohio
was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in criminal prosecutions in state courts, as well as federal courts
Murray v Baltimore
was a United States Supreme Court case argued on February 27-28, 1963 and decided on June 17, 1963. In the case, the Court decided 8-1 in favor of the respondent, Edward Schempp, and declared school-sponsored Bible reading in public schools in the United States to be unconstitutional.
Kentucky v Dennison
. In a suit between two States, this court has original jurisdiction without any further act of Congress regulating the mode and form in which it shall be exercised.
Brandenburg v Ohio
), was a landmark United States Supreme Court case based on the First Amendment to the U.S. Constitution. It held that government cannot punish inflammatory speech unless it is directed to inciting and likely to incite imminent lawless action
Wesberry v Sanders
) was a U.S. Supreme Court case involving U.S. Congressional districts in the state of Georgia. The Court issued its ruling on February 17, 1964. This decision requires each state to draw its U.S. Congressional districts so that they are approximately equal in population.
Lemon v Kurtzman
was a case in which the Supreme Court of the United States ruled that Pennsylvania's 1968 Nonpublic Elementary and Secondary Education Act, which allowed the state Superintendent of Public Instruction to reimburse nonpublic schools (most of which were Catholic) for the salaries of teachers who taught secular material in these nonpublic schools, secular textbooks and secular instructional materials, violated the Establishment Clause of the First Amendment. The decision also upheld a decision of the First Circuit, which had struck down the Rhode Island Salary Supplement Act providing state funds to supplement salaries at nonpublic elementary schools by 15%. As in Pennsylvania, most of these funds were spent on Catholic schools.
Everson v NJ
was a landmark decision of the United States Supreme Court which applied the religion clauses in the country's Bill of Rights to state as well as federal law. Prior to this decision the words, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,"[3] imposed limits on the federal government, while many states continued to grant certain religious denominations legislative or effective privileges.[4] This was the first Supreme Court case incorporating the Establishment Clause of the First Amendment as binding upon the states through the Due Process Clause of the Fourteenth Amendment. The decision in Everson marked a turning point in the interpretation and application of disestablishment law in the modern era.[5]
Puerto Rico v Branstad
was a case decided by the Supreme Court of the United States that ruled unanimously that Federal Courts have the power to enforce extraditions based on the Extradition Clause of Article Four of the United States Constitution. The decision overruled a prior decision in Kentucky v. Dennison, 24 How. 66 (1861), which had rendered federal courts powerless to order Governors of the different States to fulfill their obligations under the Extradition Clause.
Roth v US
was a landmark case before the United States Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment.
Miranda v Arizona
was a landmark 5-4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them
Schenck v US
was a United States Supreme Court decision that upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to express freedom of speech against the draft during World War I. Ultimately, the case established the "clear and present danger" test, which lasted until 1927 when its strength was diminished. The limitation to freedom of speech was further eased in 1969, with the establishment of the "Imminent lawless action" test by the Supreme Court.
Wallace v Jaffree
was a United States Supreme Court case deciding on the issue of silent school prayer.
Gideon v Wainwright
is a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own attorneys.
Gibbons v Ogden
was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce was granted to Congress by the Commerce Clause of the United States Constitution.[2] The case was argued by some of America's most admired and capable attorneys at the time. Exiled Irish patriot Thomas Addis Emmet and Thomas J. Oakley argued for Ogden, while William Wirt and Daniel Webster argued for Gibbons.
The extra terms
Concurrent power - powers in nations with a federal system of government that are shared by both the state and the federal government

Germane - things have to relate to the subject matter

Committee of the Whole - a device in which a legislative body or other deliberative assembly is considered one large committee. All members of the legislative body are members of such a committee. This is usually done for the purposes of discussion and debate of the details of bills and other main motions.

Privileges and Immunities Clause - prevents a state from treating citizens of other states in a discriminatory manner.

Shay's Rebellion - an armed uprising in central and western Massachusetts (mainly Springfield) from 1786 to 1787. The rebellion is named after Daniel Shays, a veteran of the American Revolutionary War.

Legislative immunity - a system in which members of the parliament or legislature are granted partial immunity from prosecution. Before prosecuting, it is necessary that the immunity be removed, usually by a superior court of justice or by the parliament itself. This reduces the possibility of pressing a member of the parliament to change his vote by fear of prosecution.

Full faith and credit clause - the familiar name used to refer to Article IV, Section 1 of the United States Constitution, which addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state."

Ordinance power - The ordinance power gives the president of the United States the power to run the executive branch and to issue executive orders.

Brady bill - an Act of the United States Congress that, for the first time, instituted federal background checks on firearm purchasers in the United States.

Executive Agreement - if you don't know this your retarded

War Powers Act - a federal law intended to check the power of the President in committing the United States to an armed conflict without the consent of Congress