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· judicial review- the right to review acts of congress and the president. If the Court found that a law was unconstitutional, it could overrule the law.
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Marshall said the Constitution is the “supreme law of the land and that the Supreme Court has the final say over the meaning of the Constitution “
ü The Supreme Court became an equal partner in the government
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1857 Dred Scott v. Sanford |
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Missouri native then taken to Illinois, a Free State.
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1857 Dred Scott v. Sanford |
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Dred Scott was a slave under Articles III and IV of the constitution
However the case led to the Supreme Court declaring that Missouri Compromise unconstitutional, which they hoped would abolish slavery.
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a Louisiana businessman.
an “octaroon”—one-eighth African American
Forced to get up from traincar
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Segregation was legal and constitutional as long as “facilities were equal.”
“separate but equal” |
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1919 Schenck v. United States |
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general secretary of the Socialist Party of America. The socialists were anti-war.
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1919 Schenck v. United States |
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guilty because Supreme Court declared the Espionage Act a reasonable and acceptable limitation on speech in time of war
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1919 Schenck v. United States |
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1st case that explained and set limits on the 1st amendment, Freedom of speech |
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1954 Brown v. Board of Education of Topeka (Kansas)
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Linda Brown, an eight-year-old African-American girl, had been denied permission to attend an elementary school only five blocks from her. nonwhite students but it was 21 blocks away. Linda Brown's parents with the help of the NAACPThe Supreme Court said that it was not fair to have black and white students separated in different schools.
desegregation of schools
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Ernesto Miranda was charged for kidnapping and rape. After the two-hours of interrogation, Miranda confessed to committing the crimes.
Creation of Miranda warning; all right must be read to the accused |
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Jane Roe claimed she was rapped so she wanted an abortion. Invasion of right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's choice to have an abortion,
Abortion is made legal in first trimester |
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1986 Meritor Saving Bank v. Vinson
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A sexual harassment case involving Mechelle Vinson and her supervisor Sidney Taylor .
bank fired her for “excessive use of that leave."
Taylor violated the 1964 Civil Rights Act, which bans discrimination against women and other groups. |
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1986 Meritor Saving Bank v. Vinson
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The first case to interpret and explain sexual harassment in the workplace
Hostile enviorment
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Johnson burned an American flag in front Dallas City Hall to protest against the new Reagan administration policies.
Burning of a flag was protected expression under the First Amendment
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Federal banking system/ made under alexander Hamilton with the necessary and proper clause
Changed relationship between state and national government
Federal law is made supreme
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State license was given to Aaron to be on new york waters Government license by the Gibbons to be on new york waters
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since Gibbons was given that license by the national government state court could not prohibit him from using the waters.
Commerce clause: congress is given power to regulate trade among states with other countries
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the 14th amendment protected the freedom of speech guaranteed by the first amendment of the constitution
Incorporation theory: the liberties talked about in the 14 amendment are the bill of rights.
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Exclusionary rule: prohibited the use of illegally sized evidence in court
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Cops found pornographic images without a search warrant and her refusal to let them in her apartment, Dollree Mapp.
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A burger is found guilty in the first trial, jury is found incompetent so ruling was thrown out, he was trailed again for the same
Double jeopardy is unconstitutional; |
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State could not directly aid religious instruction the establishment clause, wall of separation
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Kurtzman test (now part of est. clause) 1. the aid had to be secular (non religious) 2. not have primary effect on advancing or inhibiting religion
3. Government must not avoid “an excess government entanglement with religion” |
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outlawed officially sponsored daily readings of the Bible and recitation of the Lord’s Prayer in public school
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moment of silence in schools as long as they make it clear that the purpose is secular |
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Everson v Board of Education
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Separation of church and state- the establishment clause, wall of separation
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Rosenberger v. University of Virginia
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Ronald W. Rosenberger, a University of Virginia student, asked the University money help subsidize the publishing costs of Wide Awake Establishment clause/3-part lemon test State programs helping church-related schools are unconstitutional Denied state reimbursement to religious school for field trips and for developing achievement test. Allowed states religious schools to used tax funds for lunches, textbook. And special educational services for the disadvantaged in religious schools |
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