-
Period: to
Marshall Court
Expanded Federal Power over the States -
Marbury v. Madison
Judicial Review -
McCulloch v. Maryland
Supremacy Clause
Necessary and Proper Clause
Implied Powers
NATIONAL BANK -
Gibbons v. Ogden
Steam boats on the Hudson River, established that the federal government had the right to regulate intrastrate commerce if it affects interstate commerce. -
Period: to
Taney Court
Dual Federalism (Layer Cake)
Increased the Powers of the States -
Barron v. Baltimore
Bill of rights does not apply to the states.
Is overturned by the supreme court decision to apply the bill of rights to the states over time under the due process clause of the fourteenth amendment over time by the supreme court. -
Plessy v. Fergesson
Separate but equal is constitutional -
Schenck v. US
Clear and Present Danger test
Schubert test (speech) -
Period: to
Cooperative Federalism
Exploded the federal government power - especially that of the executive branch - and destroyed the line separating state from federal power. -
Gitlow v. New York
Incorporated freedom of speech and press to the states -
Near v. Minnesotta
No prior restrain on press -
Brown v. Board
Ivertyrbed Okessy v. Fergesson
racially segregated schools are unconstitutional -
Roth v. US
Obscene material is not protected by the first amendment -
Mapp v. Ohio
Exclusionary rule ; cannot use illegally obtained evidence,
incorporated the fourth amendment from the bill of rights to the states -
Engle v. Vitale
Public endorsed prayer in school is unconstitutional -
Baker v. Carr
Courts have the right to determine whether apportionment violates 14th amendment rights
Districts must be representative of area populations -
Gideon v. Wainwright
Right to an attorney regardless of the accused -
NYT v. Sullivan
Defines libel cases, the prosecutor most prove actual malice was intended -
Griswald v. Connecticut
Can't aoutlaw the use of contraceptives
incorporated the implied right to privacy under the ninth amendment. -
Miranda v. Arizona
Must read rights upon arrest -
Tinker
Symbolic speech is a protected right
(black armbands) -
Korematzu v. US
California was right to detain Japanese - Americans in concentration camps during World War Two -
Lemon v. Kurtzman
Religious school funding
established the lemon test -
NYT v. US
"Pentagon Papers"
Nixon's prior restraint suit against NYT was unconstitutional -
Roe v. Wade
Loosened restriction on abortions
ninth amendment right to privacy -
Miller v. California
Defined obsenity -
sexually explicit
must have serious literary, artistic, or political purpose -
US v. Nixon
Limited executive priveledge given to the president,
Nixon had to hand over the watergate tapes regardless of his right ot confedentiality. -
Buckley v. Valeo
upheld limitations on political campaign contributions but protected free speech of individual contributions. -
INS v. Chadha
legislative veto is unconstitutional -
Texas v. Johnson
Texas v. Johnson -
Clinton v. New York
Line item veto unconstitutional on the grounds that it gave legislative powers to the president.