Term
| Marbury v. Madison (1803) |
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Definition
| Formed the basis for judicial review (declaring laws and regulation unconstitutional) |
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Term
| McCulloch v. Maryland (1819) |
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Definition
| Constitution grants Congress implied powers, State may not impeded valid constitutional exercises of power by Federal gov. |
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Term
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Definition
| Power to regulate interstate commerce is given to Congress |
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Term
| Plessy v. Ferguson (1898) |
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Definition
| Decision upholding the constitutionality of racial segregation even in public accommodations, under doctrine of “Separate but Equal” |
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Term
| Brown v. Board of Education (1954) |
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Definition
| Segregation of public schools violation of 14th amendment. Paved the way for the civil rights movement. |
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Term
| Gitlow v. New York (1925) |
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Definition
| States may punish freedom of speech if it has a tendency to result in action dangerous to public security. Defendant can be punished even if her speech created no danger at all. |
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Term
| Barron v. Baltimore (1833) |
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Definition
| Stated Bill of Rights did not apply to state law. |
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Term
| Schenk v. United States (1919) |
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Definition
| Clear and present danger, words used are used in such circumstances and are of such a nature to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. |
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Term
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Definition
| Evidence used in violation of the 4th amendment (protects against search and seizure) may not be used in criminal prosecutions in state courts, as well as federal courts. |
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Term
| Miranda v. Arizona (1966) |
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Definition
| Holds that inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult an attorney. (Miranda rights were read) |
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Term
| Dennis v. United States (1961) |
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Definition
| Overthrew first amendment saying that advocacy of ideas of the communist party created a clear and present danger that threatened our government. Communist party. |
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Term
| Gideon v. Wainwright (1963) |
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Definition
| Held that courts must appoint attorneys to people who could not afford them. |
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Term
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Definition
| The government cannot censor or otherwise prohibit a publication in advance, even though the communication may be punishable after publication in a criminal or other proceeding. |
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Term
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Definition
| Held that the death penalty was constitutional, and a legal and opportunity to secure counsel in their defense. |
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Term
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Definition
| Held that defendants were not given reasonable time Upheld Due process clause of 14th Ammndmnt. |
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Term
| Griswold v. Connecticut (1965) |
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Definition
| Created/Upheld right to marital privacy. |
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