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35 Cards in this Set
- Front
- Back
“The Establishment of the Union” 1789 – 1865
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Establish courts role in Commerce and National Supremacy
John Marshal, 1st chief justice, “protection of property rights and support of nationalism Taney Court (1836 – 1864) private V. public property use. |
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Marbury v. Madison 1803
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Established Judicial Review Reviewed Judicial Act 1789 and ruled it unconstitutional Article 25 – SC granted power to issue Writ of Mandimus |
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Fletcher V. Peck 1810
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Article 1 Section 10 “Contracts Clause” Govts. Obligation to honor contracts Peck sold federal land he had no right to, confusion |
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McCullogh v. Maryland 1819
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2nd national bank manager; Congress levied tax on Bank Notes Originated and ended in Maryland SC ruled on basis: Article 1 section 5 “Necessary and Proper” Article 6 Supremacy clause – Elastic clause |
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Dartmouth College v. Woodward 1819
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Article 1 Section 10 contracts clause College found on Charter before revolution *Majority opinion – Corporations are the same as individuals |
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Gibbons v. Ogden 1819
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SC determined power over interstate commerce resides in Congress “Emancipation Proclamation” of interstate commerce, Ogden monopoly Hudson River |
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Baron v. Baltimore 1833
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SC rules: Bill of Rights does not apply to states 5th amendment and Immanent Domain regulations in this case Precedent until 1925 |
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Charles River Bridge v. Warren Bridge 1873
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Upheld Warren has healthy economic competition |
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Dredd Scott v. Sanford 1857
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slaves aren't citizens missouri compromise is unconstitutional Taney court-"slaves equal property" |
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Schenk v U.S. 1919
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Schenk passed out leaflets denouncing conscription as slavery “clear and Present danger” test Justice Holmes – “bringing about substantive evils which congress may prevent” |
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Eugene v. Debs 1919
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Eugene leader of socialist party, arrested for speech suggesting socialism > capitalism |
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Abrams v. U.S.
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Protested Wilsons intervention in Russia with pamphlets Holmes dissent (with Brandeis) – added “imminent and Forthwith” To clear and present danger test, disagreed on this case Learned Hand – Mass. Publishing V. Patterson 1917 (violent resistance) Poetry of Dissent |
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Lochner v. NY 1905
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SC says NY has no right to regulate work hours (employer/ee agreements) 3rd The Depression and Rise of Liberalism 1921 - 1954 The nationalization of the bill of rights depression programs, relationship of individual to govt. having addressed: state --> nation, private property and Govt. economy Chief Justice Warren expanded free expression, religious, fair trade, civil rights minorities |
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Gitlow v. NY 1925
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"Left wing manifesto" violates NY 1903 Anarchy act called for revolutionary dictatorship by the proletariat Homes/Brandeis dissent "redundant discourse of minority" Majority - 14th applies speech to states, Gitlow counts clear/present danger |
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Whitney v. Cali 1927
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her family found Communist Labor party of California
Holmes/Brandeis dissent |
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U.S. v. Schwimmer 1929
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U.S. Wins
old lady pacifist refused to defend America, trying to become legal citizen Holmes - "age disqualifies her, but we are no quakers" |
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Stromberg v. Cali 1931
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Stromberg Wins
Camp counseler flew Communist flag Tried by CA, wins on appeal - Symbolic speech Justice Hughs agrees |
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Near v. Minnesota 1931
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Turning point for freedom of the press; no prior restraint near wrote about corrupt officials, Brandeis thought if statements were proven false, Minn could win Libel, but they were true 5 - 4 opinion - Dissent Citing Joseph Story |
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West Virginia V. Barnette 1943
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incorporated and protected religious beliefs; compelling flag salute violates 1st
6 -3 decisions undermines 1940 Minersville STISD V. Gibits (forced flag salute) |
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Everson V. New Jersey board of education 1947
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State can support transporting students to private schools; Hugo Black
U.S. V. Carolene Products Co. 1938 Justice Stone's 3 unconstitutional state actions contradict const./Bill of rights restrict democratic process discriminate against minorities |
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Engle V. Vital 1963
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State sponsored non-denominational prayer, still religious/unallowable
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New York Times V. Sullivan 1964
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NY Times Wins
"Racist southern officials" charge NYT with libel SC says to silence any paper is to close discourse Justice Brennan - officials cannot win libel reparations official must prove falsity and fault on publisher |
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Griswold v. Connecticut 1965
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Constitutionally protected privacy/struck down laws making birth control illegal
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Gideon v. Wainwright 1965
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incorporates 6th amendment (must be provided counsel)
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Miranda V. Arizona 1966
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5th amendment incorporated, right to silence
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Mapp V. Ohio 1969
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Exclusionary rule - prevent unwarranted/reasonable search and seizure |
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Lemon V. Kurtzman 1971
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Justice Warren Burger's 3 conditions to avoid establishing religion
plausible/non-religious reason for a law primary effect cannot advance/retard religion Govt. never foster excessive stae/religion entanglements |
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New York Times V. U.S. 1971
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Govt. must allow printing of the pentegon papers |
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Furman V. Georgia 1972
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Made the death penalty less unusual/cruel
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How many justices review a case?
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9
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How many justices does it take to make a majority?
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5
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Voting happens in what order?
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Reverse, Junior to Senior
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What is the rule of four?
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it only takes 4 to accept a case
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What is the majority of opinion?
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What maost of the people support
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Who assigns the opinions?
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The Chief Justice
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