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| McCulloch v Maryland (1819) |
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Definition
| Congress has implied powers: national government supreme over state |
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| Congress regulates interstate commerce->Power over economy |
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| Court has jurisdiction over legaslative reapportionment due to "equal protection" |
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| US Term Limits v Thornton (1995) |
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Definition
| States cannot impose term limits on congressmen |
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| Establishes Supreme Court's power of judicial review |
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| United States v Nixon (1974) |
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Definition
| No "executive privilege" over documents relevant to crimes |
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| No recount of Florida votes. Florida Supreme Court overruled |
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| Dred Scott v Sandford (1857) |
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| Allows "separate but equal" racial segregation |
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| Exclusion (Japanese internment) okay during emergency |
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| Brown v Board of Education of Topeka (1954) |
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Definition
| Strikes "separate but equal" in school segregation |
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Definition
| Equal protection applies to other races (Hispanics), not just blacks |
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Definition
| State prohibition against inter-racial marriage violates equal protection |
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Definition
| First gender discrimination claim upheld |
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Term
| Barron v Baltimore (1833) |
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Definition
| Bill of Rights applies to national government, not local |
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Definition
| "Exclusionary rule" (no illegally obtained evidence) applies to all courts. |
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Term
| Gideon v Wainwright (1963) |
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Definition
| Sixth amendment guarantee of counsel applies to state courts |
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Term
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Definition
| Voluntary school prayer v "establishment clause" |
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Term
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Definition
| Government aid to religious schools must meet three criteria |
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Definition
| Religious service in classroom violates establishment clause |
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Term
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Definition
| State can limit speech that provokes "clear and present danger" of evils |
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Term
| Roth v United States (1957) |
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Definition
| Obscenity is not protected speech or press |
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Term
| Brandenburg v Ohio (1969) |
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Definition
| Can only restrict speech that will produce lawless action |
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Term
| Miller v California (1973) |
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Definition
| Community standards be used to determine if material is obscene |
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Term
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Definition
| Government can't prohibit publication in advance (prior restraint) |
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Term
| New York Times v U.S. (1971) |
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Definition
| President cannot stop printing of Vietnam War information |
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Term
| Hazelwood v Kuhlmeier (1988) |
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Definition
| School paper restriction okay under legitimate educational concern |
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Term
| Boy Scouts of America v Dale (2000) |
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Definition
| Scouts can bar homosexual leaders |
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Term
| United States v Lopez (1995) |
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Definition
| Congress cannot prohibit guns near schools; not commerce issue |
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Term
| Gideon v Wainwright (1963) |
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Definition
| Right to counsel in felony cases |
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Term
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Definition
| Defendants must be told of right re: self-incrimination and counsel |
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Term
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Definition
| Death penalty is not "cruel and unusual punishment" |
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Term
| Griswold v Connecticut (1965) |
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Definition
| 1/3/4/9 amendments equal a right-to-privacy "zone" in marriage |
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Term
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Definition
| Set conditions for allowing abortions per trimesters |
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Term
| Planned Parenthood v Casey (1992) |
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Definition
| Abortion hurdles okay unless "undue burden" |
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Term
| Lawrence and Garner v Texas (2003) |
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Definition
| Law against homosexual sex violates liberties under due process |
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Term
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Definition
| Doctor-assisted suicide okay |
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Term
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Definition
| Campaign spending is free speech |
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Term
| Citizens United v Federal Election Commission (2010) |
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Definition
| No limits on corporate, union spending |
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Term
| Vernonia School District v Acton (1995) |
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Definition
| Student protection trumps 4th amendment in drug testing |
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Term
| Tinker v Des Moines School District (1969) |
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Definition
| Symbolic speech (armbands) is protected |
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Term
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Definition
| Religious service in classroom violates establishment clause |
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Term
| New Jersey v T.L.O. (1985) |
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Definition
| "Reasonable suspicion" okay for school search; don't need probable cause |
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Term
| Bethel School District v Fraser (1986) |
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Definition
| School can prohibit vulgar, lewd speech |
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Term
| Hazelwood v Kuhlmeier (1988) |
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Definition
| School paper restriction okay under legitimate educational concern |
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Term
| California Regents v Bakke (1978) |
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Definition
| Race permissible as admission criteria, but no racial quota system |
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Term
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Definition
| Can't reapportion legislative district to promote a particular race of candidate |
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Term
| Adarand Constructors v Pena (1995) |
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Definition
| Strict scrutiny standard for programs that classify by race |
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Term
| Grutter v Bollinger (2003) |
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Definition
| Race okay criterion in college admissions, as affirmative action still needed |
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Term
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Definition
| Point system favoring minorities violates equal protection provision |
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