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Key Court Cases and Legislations


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KEY COURT CASES Marbury v. Madison (1803) Established judicial review; ?midnight judges;? John Marshall; power of the Supreme Court. McCulloch v. Maryland (1819) Established national supremacy; established implied powers; use of elastic clause; state unable to tax fed. Institution; John Marshall; ?the power to tax involves the power to destroy.? Plessy v. Ferguson (1896) Established separate but equal. Schenck V. U.S. (1919) Oliver Wendell Holmes; clear and present danger test; shouting ?fire? in a crowded theater; limits on speech, esp. in wartime. Gitlow 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
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