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Definition
| establishes judicial review |
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Term
| McCulloch v Maryland (1819) |
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Definition
| implied powers, govt can do things as needed, elastic clause |
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Definition
| interstate commerce clause, govt can regulate state commerce |
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Term
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Definition
| private schools do not receive state funding |
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Definition
| public institutions cannot favor or promote a religion |
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Term
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Definition
| religious beliefs do not give people the right to break the law |
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Term
| Schenck v United States (1919) |
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Definition
| govt can suppress freedom of speech when necessary |
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| Brandenburg v Ohio (1969) |
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Definition
| freedom of speech can be suppressed if it violates a law |
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| Tinker v Des Moines (1969) |
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Definition
| rights cannot be taken away while at school |
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Definition
| can burn flag because freedom of speech |
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Definition
| govt cannot tell newspapers what they can and cannot publish, can restrict after published |
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| New York Times v Sullivan (1964) |
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Definition
| libel cases have to prove damages, malice, and libeler lied |
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Term
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Definition
| govt is allowed to restrict but not ban guns |
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Term
| McDonald v Chicago (2010) |
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Definition
| the 2nd amendment protects the right to keep and bear arms for the purpose of self defense |
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Definition
| police must obtain a warrant before they search or any evidence will be suppressed in court |
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| Gideon v Wainwright (1963) |
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Definition
| all defendants must be provided an attorney |
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Term
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Definition
| Miranda rights, right to an attorney, remain silent etc |
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Term
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Definition
| police are allowed to search for weapons on people without probable cause |
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Term
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Definition
| racial segregation laws in states constitutional as long as they follow the doctrine of separate but equal |
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Term
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Definition
| outlawed segregation of public schools |
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Term
| Regents of the University of California v Bakke (1978) |
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Definition
| no quota system for races at universities or other public institutions |
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Term
| Grutter v Bollinger (2003) |
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Definition
| point system for minorities legal, no quota system |
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Term
| Griswold v Connecticut (1965) |
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Definition
| unconstitutional for states to deny people contraception |
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Term
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Definition
| no state can make abortion illegal, states can restrict abortion after first trimester of pregnancy |
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Term
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Definition
| struck down DOMA, federal govt has to recognize same sex marrige |
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Term
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Definition
| death penalty legal for serious cases, states do not have to use death penalty |
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Term
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Definition
| minors cannot receive the death penalty, they can still be charged as adults |
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Term
| Barron v Baltimore (1833) |
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Definition
| fifth amendment does not apple to states, state govt can seize private property for public use |
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Term
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Definition
| told the states they were in violation of fourteenth amendment |
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