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Expanded Federal Power over the States
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Judicial Review
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Supremacy Clause
Necessary and Proper Clause
Implied Powers
NATIONAL BANK -
Steam boats on the Hudson River, established that the federal government had the right to regulate intrastrate commerce if it affects interstate commerce.
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Dual Federalism (Layer Cake)
Increased the Powers of the States -
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. -
Separate but equal is constitutional
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Clear and Present Danger test
Schubert test (speech) -
Exploded the federal government power - especially that of the executive branch - and destroyed the line separating state from federal power.
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Incorporated freedom of speech and press to the states
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No prior restrain on press
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Ivertyrbed Okessy v. Fergesson
racially segregated schools are unconstitutional -
Obscene material is not protected by the first amendment
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Exclusionary rule ; cannot use illegally obtained evidence,
incorporated the fourth amendment from the bill of rights to the states -
Public endorsed prayer in school is unconstitutional
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Courts have the right to determine whether apportionment violates 14th amendment rights
Districts must be representative of area populations -
Right to an attorney regardless of the accused
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Defines libel cases, the prosecutor most prove actual malice was intended
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Can't aoutlaw the use of contraceptives
incorporated the implied right to privacy under the ninth amendment. -
Must read rights upon arrest
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Symbolic speech is a protected right
(black armbands) -
California was right to detain Japanese - Americans in concentration camps during World War Two
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Religious school funding
established the lemon test -
"Pentagon Papers"
Nixon's prior restraint suit against NYT was unconstitutional -
Loosened restriction on abortions
ninth amendment right to privacy -
Defined obsenity -
sexually explicit
must have serious literary, artistic, or political purpose -
Limited executive priveledge given to the president,
Nixon had to hand over the watergate tapes regardless of his right ot confedentiality. -
upheld limitations on political campaign contributions but protected free speech of individual contributions.
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legislative veto is unconstitutional
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Texas v. Johnson
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Line item veto unconstitutional on the grounds that it gave legislative powers to the president.