Identify the Case
This case established judicial review.
Marbury v. Madison
Wisconsin v. Yoder
1st Amendment, Free Exercise Clause
Name all 5 liberties in the 1st Amendment
Freedom of + from religion
Freedom of speech
Freedom to petition
Freedom of the press
Freedom of assembly
Ended slavery with the exception of convicted prisoners
13th Amendment
Fun name for the rights protected by the 5th Amendment that are read to you every time you're arrested (and if you aren't read them, you cannot be charged)
Miranda Rights
This law codified the legal decision made by the SCOTUS in Brown v. Board of Education because SCOTUS lacks enforcement power.
Civil Rights Act of 1964
Right to due process and a grand jury, freedom from double jeopardy and self incrimination, right to compensation for taking of property
5th Amendment
A city enacted a ban on certain items. SCOTUS said the ban on said items was unconstitutional, and used selective incorporation to apply the amendment in question to the states.
McDonald vs. Chicago
Man was arrested and could not afford an attorney, and requested the court appoint one to represent him. Lower court refused. SCOTUS found the lower court in error, and determined that the amendment in question guaranteed legal representation in court.
Gideon v. Wainwright
Shaw v. Reno
14th Amendment, Equal Protection Clause
3rd Amendment
15th Amendment
Capital punishment is another term for...
The death penalty
The official opinion of the SCOTUS on a case, written by the chief justice or most senior member of the court if the chief justice does not agree with the opinion of most of the court.
Majority opinion
Right to establish a militia and bear arms
2nd Amendment
President Nixon attempted to stop newspapers from publishing the Pentagon Papers.
New York Times Co v. US
Socialists distributed leaflets encouraging people to disobey the draft. Established the clear and present danger test.
Schenck v. US
Baker v. Carr
14th Amendment, Equal Protection Clause
7th Amendment
Gave women the right to vote
19th Amendment
There are two types of segregation. The first is legal segregation. The second is social segregation.
De facto segregation, de jure segregation
Opinion written by a justice that is in the majority, but has a different legal reasoning than what is stated in the majority opinion.
Concurring opinion
Prevents cruel and unusual punishment
8th Amendment
Students wore arm bands to school in protest of the Vietnam War. The school suspended any students caught wearing the arm bands. Students sued the school, and SCOTUS sided with the students, establishing that students retain some constitutional rights at school.
Tinker vs. Des Moines
An interest group wanted to run commercials and a movie about Hillary Clinton near the 2008 election. US laws prevented businesses, groups, and corporations from airing ads within 60 days of an election. The SCOTUS found the law to be unconstitutional, and said the government can’t block political spending by groups.
FEC v. Citizens United
Engel v. Vitale
1st Amendment, Establishment Clause
Prevents unwarranted search and seizure
4th Amendment
Lowered the voting age from 21 to 18
26th Amendment
The legal right that demands the government bring a detained person before a court to prove they have a lawful reason for holding them.
Habeus Corpus
"Let the decision stand" in latin, establishes the legal doctrine of ______ that means that we rely on the power of the decisions of previous cases to determine current cases.
(You should have two terms in your answer)
Right to a speedy + public trial by a jury of your peers in criminal cases
6th Amendment
Black students were barred from certain public schools due to segregation laws. SCOTUS found the “separate but equal” doctrine established in Plessy v. Ferguson to be unconstitutional.
Brown v. Board of Education
The federal government enacted a law making schools gun free zones under a certain constitutional power. A student brought a concealed weapon to school, and was charged with violating the gun free zone law by the federal government. SCOTUS found that the federal government exceeded its ability to exercise the particular constitutional power.
US v. Lopez
McCulloch v. Maryland
Identify the article + 2 clauses associated with the case
Article 1, Supremacy Clause, Necessary and Proper Clause
Gave states and the people the power over anything not explicitly stated in the Constitution
10th Amendment
Allows the Cabinet or Congress to declare the President incapacitated. When declared incapacitated, the VP will become President.
25th Amendment
Evidence obtained in a way that violates an individual's rights cannot be used in court (even if it is incriminating)
Exclusionary rule
When justices follow precedent or strictly interpret the Constitution, they are practicing ______ ______. When they change precedent or loosely interpret the Constitution, they are practicing _____ _____.
Judicial restraint, judicial activism.
Establishes that rights extend beyond those promised in the Constitution, and rights cannot be used to disparage other rights
9th Amendment
Name the three cases that you need to be able to recognize but not memorize for the exam
Griswold v. Connecticut
Roe v. Wade
Dobbs vs. Jackson