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AP Gov. Court Cases

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65073592Marbury vs. Madison(1803) Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court
65073593McCulloch v. Maryland(1819) Established national supremacy; established implied powers; use of elastic clause; state unable to tax federal institution; John Marshall; "the power to tax involves the power to destroy."
65073594Plessy v. Ferguson(1896) Established separate but equal clause.
65073595Schneck v. U.S.(1919) Oliver Wendell holmes; clear and present danger test; shouting "fire" in a crowded theater is illegal; limits on freedom of speech, especially in wartime.
65073596Gitlow 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 Amendment 14
65073597Palko v. Connecticut(1937) Provided test for determining which parts of Bill of Rights should be federalized-- those which are implicitly or explicitly necessary for liberty to exist.
65073598Brown v. Board of Education(1937) School segregation was deemed unconstitutional; segregation psychologically damaging to blacks; overturned separate but equal; use of 14th Amendment; judicial activism of Warren court; unanimous decision. (1954) Ordered schools to desegregate "with all due and deliberate speed."
65073599Mapp v. Ohio(1961) Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism
65073600Baker 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. just at state level.
65073601Engel v. Vitale(1962) Prohibited state-sponsored recitation of prayer in public schools by virtue of Amendment One's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.
65073602Abbington v. Schempp(1963) Prohibited devotional Bible reading in public schools by vitrue of establishment clause and due process clause. Warren Court's judicial acitivism.
65073603Gideon v. Wainright(1963) Ordered states to provide lawyers for thsoe unable to afford them in criminal proceedings. Warren Court's judicial activism in criminal rights.
65073604Wesberry v. Sanders(1963) Ordered House districts to be as near equal in population as possible. Takes Baker v. Carr to a federal level.
65073605Griswald v. Connecticut(1965) Established right of privacy through 4th and 9th amendments. Set a precedent for Roe v. Wade.
65073606Miranda v. Arizona(1966) Established Miranda warnings of counsel and silence. Must be given before questioning. Warren Court's judicial activism in criminal rights.
65073607Epperson v. Arkansas(1968) prohibited states from banning the teaching of evolution
65073608Lemon v. Kurtzman(1971) Established 3-part test to determine if establishment clause is violated: nonsecular purpose, advances/inhibits religion, excessive entanglement with government.
65073609Roe 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.
65073610U.S. v. Nixon(1974) Allowed for executive privilege, but not in criminal cases; "even the President is not above the law;" with watergate scandal.
65073611Buckley v. Valeo(1976) 1st Amendment protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on camaigns
65073612U.C. Regents v. Bakke(1978) Alan Bakke and UC Davis Medical School; strict quotas unconstitutional, but states may allow race to be taken into account as ONE factor in dmissions decisions. Bakke admitted.
65073613Webster v. Reproductive Health Services(1987) more leeway for states in regulating abortion, though no overturning Roe v. Wade
65073614Planned parenthood v. Casey(1993) States can regulate abortion, but not with regulations that impose 'undue burden' upon women; did not overtun Roe v. Wade, but gave states more leeway in regulating abortion (24-hour waiting period, parental consent for minors)
65073615Shaw v. Reno(1993) No racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.
65073616U.S. v. Lopez(1995) Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.
65073617Voting Rights Act(1965) made the literacy test illegal, protecting people's rights
65073618Civil Rights Act(1968) Prevented housing discrimination. (1964) Cannot discriminate employment based on gender, appearance. Also cannot remove the right to a hotel room.
65073619Barron v. Baltimore(1833) First case dealing with constitution and state discordance. precedent- just compensation only at federal level. states can do whatever they want to take land. ect. without compensating
65073620Oregon v. Smith(1990) put burden of proof on plantif. ruled that the native americans could use their illegal shrooms so long as it was a spiritual/cultural thing.
65073621Religious Freedom Restoration Act(1993) restored the old compelling purpose act, almost unanimous, wanted to protect religious freedom
65073622Boerne v. Flores(1997) struck down religious freedom restoration act. government is protected over religion
65073623Reynolds v. U.S.(1878) Polygamy is illegal, made an example of a man with multiple wives.
65073624NY Times v. U.S.(1971) pentagon papers, anything can be published, prior restraint is not legal. Protects the first amendment right
65073625Texas v. Johnson(1989) Flag burning was a protected form of speech/expression only during protest. (Judicial restraint)
65073626U.S. v. O'Brien(1968) Draft cards burning was not a protected form of speech, destroying government property is a felony, illegal at all times. not an acceptable form of protest.
65073627Alien and Sedition Acts(1798) If you criticize the government you will be executed, directly opposes purpose of first amendment, no one actually was killed
65073628Smith Act(1940) If you're advocating the overthrow of the government then you can be arrested (was killed, no longer death penalty)
65073629Freedom of Information Act(1996) public access to government files, Top secret information is open after 50 years.
65073630Electronic Freedom of Information Act(1996) requires agencies to put files online
65073631New York Times v. Sullivan(1968) public figures must prove malice (purpose cause of pain) in the press. never is provable.
65073632Miller v. California(1973) what is obscene? community standards must be violated, material must lack serious literary, artistic or political value. State obscenity law must be broken. (basically impossible not to have any 'artistic' value because of subjective nature)
65073633Hazelwook v. Kuhlmeier(1973) Student Press, school newspaper writing about drug use- school tried to prevent them from printing. In order for the paper to have first amendment rights it must be a public forum.
65073634Communications Decency Act(1997) need to have interned filters on public comptuters
65073635Reno v. ACLU(1997) struck down Communications Decency Act, interned is a free speech zone and interned is a choice
65073636Hatch Act(1939) bureaucrats (below the president) have the constitutional rights to give money and vote, but cannot get involved in any other way
65073637Village of Skokie v. National Socialist Party of America(1978) American approach to freedom of speech, chicago nazi party, nazis got to parade, Supreme Court ruled with judicial restraint of stari decisi, they had the right to free assembly and no prior restraint
65073638Reed v. ReedIdaho, chooses male parent is preferred over females, case made this preference illegal there has to be a reasoning behind division of property other than gender
65073639Kerner ReportLBJ no one enforcing the laws, us is failing so LBJ give a speech: "1 black, 1 white, separate and unequal"
65073640Lau v. Nichols(1974) schools must take active steps to help non-english speakers. states must now provide bilingual ballots for areas with high concentration of non-English speakers. had a huge economic impact
65073641Richmond v. Croson(1989) set aside city program/project for ethnicity/affirmative action. cannot be done.
65073642Adarand v. Pena(1995) Actually can set aside project for a specific ethnicity if you can prove that the ethnic group of contractors have been discriminated in the past.
65073643Bush v. Gore(2000) States are allowed to run their own elections.
65073644Heart of Atlanta Motel v. U.S.(1964) civil rights act of 1964, right to refuse service to anyone is upheld, you cannot refuse service in a hotel room.
65073645Age Discrimination in Employment Act(1967) may not ask someone's age anywhere on an application, unless to verify minor status
65073646Americans with Disabilities Act(1990) Access discrimination, can reasonable accommodations be given?
65073647Weeks v. U.S.(1914) Exclusionary rule, evidence obtained illegally is void.
65073648Johnson v. Zerbst(1938) An attorney will be provided if prosecuted cannot afford one, at the federal level.

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