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Con Law Cases 2
Cases Concerning Constitutional Issues 2
30
Law
Undergraduate 2
12/13/2011
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Term
McCulloch v. Maryland
 Definition
(1819) Established powers for Congress implied from the Necessary and Proper Clause. Established that states may not impede valid exercises of constitutional authority by national government.
Term
Gibbons v. Ogden
 Definition
(1824) Congress can regulate interstate commerce
Term
US v. E.C. Knight
 Definition
(1895) States, not Congress, have the authority to regulate monopolies.
Term
Hammer v. Dagenhart
 Definition
(1918) Congress can't regulate labor conditions.
Term
Bailey v. Drexel Furniture Company
 Definition
(1922) Congress cannot enact penalties unless product is intrinsically unsafe.
Term
NLRB v. Jones and Laughlin
 Definition
(1937) Reverses E.C. Knight, gives Congress authority to regulate labor relations.
Term
US v. Darby Lumber co.
 Definition
(1941) Reverses Hammer v. Dagenhart, gives Congress authority to regulate employment conditions.
Term
US v. Lopez
 Definition
(1995) Congress can only regulate economic activity that has a substantial effect on interstate commerce.
Term
Gonzales v. Raich
 Definition
(2006) Congress can ban marijuana even where states approve it for medicinal purposes.
Term
National League of Cities v. Usery
 Definition
(1976) Congress cannot regulate the proper and traditional functions of lower governments.
Term
Garcia v. SAMTA
 Definition
(1985) Reverses National League of Cities v. Usery. Congress can regulate the proper functions of lower governments.
Term
Dartmouth College v. Woodward
 Definition
(1819) States may not interfere with private charters. Led to the rise of the American business corporation.
Term
Barron v. Baltimore
 Definition
(1833) Bill of Rights does not automatically apply to State governments.
Term
Adamson v. CA
 Definition
(1947) 5th Amendment rights against self-incrimination do not apply to state courts.
Term
Getlow v. NY
 Definition
(1925) Established Selective Incorporation. Incorporation is determined on a case by case basis.
Term
Mapp v. Ohio
 Definition
(1961) Evidence obtained in a means which violates the constitution may not be used in state courts.
Term
Brown v. Mississippi
 Definition
(1936) You can plead the fifth outside of a trial.
Term
Weeks v. US
 Definition
(1914) Groundwork for the exclusionary rule.
Term
Gideon v. Wainwright
 Definition
(1962) Incorporated right to counsel to state courts.
Term
Furman v. Georgia
 Definition
(1972) Called for consistency in the application of the death penalty.
Term
Gregg v. Georgia
 Definition
(1976) Death Penalty is not cruel and unusual.
Term
Coker v. Georgia
 Definition
(1977) No death penalty for rape.
Term
Schenck v. US
 Definition
(1919) Established clear and present danger test for breaching 1A rights.
Term
Dennis v. US
 Definition
(1951) No free speech when trying to overthrow US Government.
Term
Brandenburg v. Ohio
 Definition
(1969) Established the imminent lawlessness test.
Term
US. v O'Brien
 Definition
(1968) Congress can regulate the exercise of 1A rights if such regulation is unrelated to the suppression of the ideas therein.
Term
Miller v. California
 Definition
(1973) Established SLAPS test. (Serious, literary, artistic, political or scientific value).
Term
Everson v. Board of Education
 Definition
(1947) Incorporated the Establishment Clause of the First Amendment
Term
Lemon v. Kurtzman
 Definition
(1971) 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 must not result in an excessive entanglement of government and religion.
Term
Wallace v. Jaffree
 Definition
(1985) State endorsement of prayer activities in school is prohibited by 1A.
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