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judicial review: the sCt can rule a law unconstitutional |
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McCulloch v. Maryland 1819 |
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states cannot tax federal agencies and the federal government has the right to establish banks |
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congress has teh power over interstate commerce, including navigation |
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schools can be separate but they must be equal |
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Schenk v. United States 1919 |
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Established the clear and present danger tests. Dangerous words are not protected by the 1st amendment Imminent Danger Test |
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state prohibited people from advocating the violent overthrow of the government |
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Korematsu v. United STates 1944 |
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Challenged an executive order of unconstitutionality. The SCT upheld the order: the strict scrutiny test was applied |
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Brown v. Board of Education 1954 |
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segregated schools are separate, therefore unequal |
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the first time the exclusionary rule is applied. The police need a search warrant |
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requires equal population in districts |
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rights must be read to people arrested |
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students have the right to wear undisruptive armbands. This is protected by the 1st amendment |
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religious test: it is secular, neutral, avoids excessive entanglement of the government with a religion |
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United States v. Nixon 1973 |
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SCt ruled executive privilege is not absolute |
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campaign contributions: limited to 1000$ for individuals and 5000$ for PACs (upheld prewatergate). a restriction does not violate the constitution |
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Regents of the University of California v. Bakke 1978 |
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it is unconstitutional to set aside specific spots for minorities. Individuals as a whole must be considered (compelling state interest) |
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Immigration and Naturalization Service v. Chadha 1983 |
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it is constitutional to prohibit sodomy |
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Hazelwood School District v. Kuhlmeier 1988 |
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School newspapers can censor. They are not the same as private newspapers |
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flag burning is protected speech |
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Wester v. Reproductive Health Services 1989 |
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Planned Parenthood v. Casey 1992 |
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United States v. Lozez 1995 |
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gun laws: the SCt could not interfere bcause there is no interstate commerce involved |
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Boy Scouts of America v. Dale 2000 |
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Grutter v. Bollinger (law school) 2003 |
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point system is unconstitutional because there is no individual approach to the system. it is automatic |
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Gratz v. Bollinger (undergrad) 2003 |
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critical mass is constitutional because it is an individual approach to applicants |
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Lawrence and Garner v. Texas 2003 |
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Texas cannot ban same sex sex based on due process |
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McConnell v. Federal Election Commission 2003 |
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legal challenge to McCain Feigngold: the SCt upheld hte ban on soft money and other restrictions |
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the Missouri Compromise is unconstitutional |
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