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1803; judicial review, b/c of midnight judges, justice is John Marshall |
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1819; national supremacy, implied powers, elastic clause, b/c state can't tax fed institution, justice is John Marshall, "power to tax is power to destroy" |
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1919; w/ Oliver Holmes, clear and present danger test for limits on speech esp. in wartime |
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1925; precedent of applying BoR to states, freedom of speech has to be protected by states b/c of 14th amendment and due process clause |
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1937; test for determining which BoR parts should be federalized (implicitly or explicitly necessary for liberty) |
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1954; school segregation is unconstitutional b/c psychologically damaging, overturned Plessy v. Ferguson, Warren Court w/ judicial activism, unanimous |
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1955; schools should desegregate w/ all due and deliberate speed |
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1961; exclusionary rule, illegally obtained evidence can't be used in court, Warren Court's judicial activism |
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1962; 1st amendment establishment clause and 14th amendment due process clause prohibits prayer in school, Warren Court's judicial activism |
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1962; "one man, one vote", state legislative districts have to be near equal in pop, Warren Court's judicial activism |
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1963; establishment clause and due process clause prohibits bible reading in school, Warren Court's judicial activism |
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1963; states have to give lawyers to poor people in criminal proceedings, Warren Court's judicial activism |
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1963; House districts have to be near equal in pop |
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1965; right of privacy b/c of 4th and 9th amendments, set precedent for Roe v. Wade |
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1966; Miranda warnings of counsel and silence to be given before questioning, Warren Court's judicial activism |
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1971; states can give textbooks and busing to kids in religious schools, 3 part test to see if establishment clause is violated (nonsecular purpose, advances or inhibits religion, excessive entanglement w/ gov) |
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1973; abortion is legal, inferred from privacy rights of Griswald v. Conn, trimester guidelines (no state interference in 1, state can regulate to protect health of mom in 2, state may regulate to protect health of kid in 3) |
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1974; allowed executive privilege but not in criminal cases, b/c of Watergate, "even the Pres is not above the law" |
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1976; campaign spending is protected by 1st amendment, legislatures can limit contributions, can't limit how much one spends his own money on own campaign |
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1976; w/ Alan Bakke and UC Davis Medical School, strict quotas unconstitutional but states can make race one factor in admissions decisions |
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Webster v. Reproductive Health Services |
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1987; states can regulate abortion more |
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Planned Parenthood v. Casey |
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1992; states can regulate abortion (24hr waiting period, parental consent for minors) but not w/ regulations that impose undue burden on women |
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1993; no racial gerrymandering, race can't be sole or predominate factor in redrawing legislative boundaries |
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1995; Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce |
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1998; banned pres use of line item veto |
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2000; Florida recount stopped in 2000 election b/c of 14th amendment's equal protection clause |
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2002; public money can be used to send poor kids to religious schools in tuition voucher programs |
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2002; struck down fed ban on virtual child porn |
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2003; using right of privacy to strike down Texas law banning sodomy |
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2003; struck down use of bonus points for race in undergrad admissions at UniofMichigan |
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2003; allowed use of race as general factor for admissions to law school at UniofMichigan |
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Kelo v. City of New London |
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2005; eminent domain, local govs can force sale of private property and make way for private econ development when would benefit public |
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2007; upheld Partial Birth Abortion Ban Act of 2003 |
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