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AP Government Court Cases Flashcards

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6729851029Engel v VitaleFirst Amendment/Establishment Clause - Government-directed prayer in public schools violates the Establishment Clause of the First Amendment, even if the prayer is denominationally neutral and students may remain silent or be excused from the classroom during its recitation.0
6729851030Lemon v KurtzmanFirst Amendment/Establishment Clause - For a law to be considered constitutional under the Establishment Clause of the First Amendment, the law must have a legitimate secular purpose, must not have the primary effect of either advancing or inhibiting religion, and also must not result in an excessive entanglement of government and religion.1
6729851031Wallace v JaffreeFirst Amendment/Establishment Clause - silent prayer in schools case, State endorsement of prayer activities in schools is prohibited by the First Amendment.2
6729851032Lee v WeismanFirst Amendment/Establishment Clause - schools may not sponsor clerics to conduct even non-denominational prayer3
6729851033Reynolds v U.S.First Amendment/Free Exercise Clause - the statute can punish criminal activity without regard to religious belief. The First Amendment protected religious belief, but it did not protect religious practices that were judged to be criminal such as bigamy. Those who practice polygamy could no more be exempt from the law than those who may wish to practice human sacrifice as part of their religious belief.4
6729851034Employment Division v SmithFirst Amendment/Free Exercise Clause - determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual. Although states have the power to accommodate otherwise illegal acts done in pursuit of religious beliefs, they are not required to do so.5
6729851035Near v MinnesotaFirst Amendment/Freedom of the Press - Minnesota laws against press companies perceived as malicious, scandalous, or defamatory ruled unconstitutional.6
6729851036NY Times v. U.S.First Amendment/Freedom of the Press - New York Times and Washington Post could print the Pentagon Papers without risk of government censorship or punishment7
6729851037Hazelwood v. KuhlmeierFirst Amendment/Freedom of the Press - school newspaper articles withheld from publication, court ruled schools can exercise editorial concern over the content of student speech so long as they related to school concerns.8
6729851038Schenck v. U.S.First Amendment/Freedom of Speech/non-protected - The circulars urged "Do not submit to intimidation" but advised only peaceful action such as petitioning to repeal the Conscription Act. Schenck was charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitment. During wartime, utterances tolerable in peacetime can be punished. Clear and present danger test.9
6729851039Gitlow v. New YorkFirst Amendment/Freedom of Speech/non-protected - the government may suppress or punish speech that directly advocates the unlawful overthrow of the government and it upheld the constitutionality of the state statute at issue, which made it a crime to advocate the duty, need, or appropriateness of overthrowing government by force or violence, selective incorporation of 14th amendment.10
6729851040Brandenburg v. OhioFirst Amendment/Freedom of Speech/ non-protected - that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action.11
6729851041Miller v. CaliforniaFirst Amendment/Freedom of Speech/non-protected - redefined its definition of obscenity to that which lacks "serious literary, artistic, political, or scientific value." It is now referred to as the Three-prong standard or the Miller test.12
6729851042Bethel School District v. FraserFirst Amendment/Freedom of Speech/non-protected, The First Amendment, as applied through the Fourteenth, permits a public school to punish a student for giving a lewd and indecent, even if not obscene, speech at a school assembly13
6729851043Buckley v. ValeoFirst Amendment/Freedom of Speech/protected - campaign finance - upheld federal limits on campaign spending and identified spending money to influence elections is a form of free speech14
6729851044Tinker v. Des MoinesFirst Amendment/Freedom of Speech/symbolic speech - students' wearing of armbands in support of Vietnam truce did not interrupt school activities, pure speech15
6729851045Texas v. JohnsonFirst Amendment/Freedom of Speech/symbolic speech - flag burning is protected speech16
6729851046Printz v. U.S.Second Amendment - background check portion of gun bill allowing federal government to require state officers to participate violates federalism.17
6729851047U.S. v. LopezSecond Amendment - gun laws about schools not related to interstate commerce and not under federal authority18
6729851048Mapp v. OhioFourth Amendment/Exclusionary Rule - evidence taken in unreasonable searches and seizures may not be used in court.19
6729851049NJ v. TLOFourth Amendment/reasonable suspicion, schools have the ability to search students as they must maintain a safe school environment20
6729851050Escobedo v. IllinoisFifth and Sixth Amendment - right to counsel, right to remain silent21
6729851051Miranda v. ArizonaFifth and Sixth Amendment - unless the accused is notified of the reason for their arrest, the ability to consult with an attorney, the ability to not self-incriminate their testimony is not permissible in court.22
6729851052Gideon v. WainwrightFifth and Sixth Amendment/right to an attorney in all state and federal cases must be provided23
6729851053Korematsu v. U.S.Fifth and Sixth Amendment - internment of Japanese-Americans during WWII was Constitutional, justified during times of emergency and peril24
6729851054Furman v. GeorgiaEighth Amendment - required the application of the death penalty be consistent and non-discriminatory25
6729851055Gregg v. CaliforniaEighth Amendment - death penalty does not violate cruel and unusual punishment so long as laws are clear and the legal system follows procedure.26
6729851056Griswold v. ConnecticutNinth Amendment - state ban on use of contraceptives violates the right of marital privacy27
6729851057Roe v. WadeNinth & Fourteenth Amendments/privacy Abortion is a private matter28
6729851058Webster v. Reproductive Health ServicesFifth and Fourteenth Amendment - Missouri government institutions did not have to provide or support abortion, narrowed Court's ruling on Roe v. Wade29
6729851059Planned Parenthood v. CaseyNinth Amendment /privacy no spousal consent required for abortion30
6729851060Bowers v. HardwickNinth Amendment - no Constitutional protection of sexual privacy31
6729851061Lawrence v. TexasNinth Amendment/Privacy - sexual activity between members of the same sex not illegal.32
6729851062Plessy v. FergusonFourteenth Amendment/Separate is Equal - ruled that railway cars provided were essentially equal so no violation of equal protection.33
6729851063Brown v. Board of EducationFourteenth Amendment/Separate not Equal - Integration of Schools - racial segregation violates the equal protection clause34
6729851064Loving v. VirginiaFourteenth Amendment/mixed racial marriage in a state where it was prohibited - struck down as a violation of equal protection.35
6729851065Regents of California v. BakkeFourteenth Amendment/Upheld Affirmative Action - race may be one of several factors in college admission policies.36
6729851066Marbury v. MadisonEstablishes the Supreme Court as having the power of Judicial Review/interpret the Constitution37
6729851067McCulloch v. Marylandimplied powers under the Necessary and Proper Clause - Creation of the bank was implied based upon the enumerated power of Congress to tax. State of Maryland could not tax federal bank due to Supremacy Clause38
6729851068Gibbons v. OgdenSupreme Court of the United States held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation39
6736767971chicago vs mcdonaldMcDonald v. City of Chicago, case in which on June 28, 2010, the U.S. Supreme Court ruled (5-4) that the Second Amendment to the U.S. Constitution, which guarantees "the right of the people to keep and bear Arms," applies to state and local governments as well as to the federal government.40

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