Term
| clouded; clearly procedural |
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Definition
| Marbury v. Madison (1803) |
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Term
| Did states have the power to ta a national bank? Which was supreme: national or state law? |
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Definition
| McCulloch v. Maryland (1819) |
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Term
| Is a charter a contract? Does the Constitution's contract clause protect private corporate charters such as Dartmouth's? |
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Definition
| Dartmouth College v. Woodward (1819) |
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Term
What did 'commerce' include? Navigation?
Did Congress hold exclusive power or did the states also possess power to regulate interstate commerce within their boundaries? |
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Definition
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Term
| Should a contract by a state be interpreted so as to stop a state from building new public facilities that would meet important public needs? |
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Definition
| Charles River Bridge v. Warren Bridge (1837) |
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Term
Did Scott become free in Illinois, and did Missouri have to recognize that freedom?
Scott traveled to the Wisconsin Territory (which was free under the Missouri Compromise). Did Missouri have to recognize that freedom?
Did the Supreme Court have the ju |
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Definition
| Dred Scott v. Sanford (1857) |
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Term
The appeal did not involve a question of guilt or innocence.
Could the government in wartime suspend citizens' constitutional rights and set up military courts in areas that were free from invasion or rebellion and in which civilian courts were still ope |
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Definition
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Term
| Did the Constitution permit a state to regulate privately owned businesses? |
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Definition
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Term
Did a state law requiring segregation of races violate:
1. the Thirteenth Amendment ban on slavery and/or
2. the Fourteenth Amendment guarantee of equal protection of the law for all citizens? |
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Definition
| Plessy v. Ferguson (1896) |
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Term
A specific legal question: Was the NSC in violation of the Sherman Anti-Trust Act or was the combination just a stock transaction, not commerce?
A larger issue: Could the national government regulate the activities of huge, powerful businesses that were |
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Definition
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Term
| Would the Court decide the case strictly through reference to legal arguments or accept the novel thesis of considering relevant social facts? |
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Definition
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Term
| The specific question facing the Court: Did the Espionage Act of 1917 violate the First Amendment protection of free speech? |
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Definition
| Schenck v. the United States (1919) |
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Term
Did the economic crisis facing the nation justify resorting to the NRA?
Did the Constitution allow Congress to delegate so much power to the President?
Did the law come under Congress' power to regulate interstate commerce? |
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Definition
| Schechter Poultry Corporation v. the United States (1935) |
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Term
Did Congress' joint resolution unconstitutionally delegate legislative power to the executive branch?
Did Congress have the authority to delegate broad discretionary powers to the President in foreign affairs? |
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Definition
| United States v. Curtiss-Wright Export Corporation (1936) |
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Term
| The case clearly focused on the 'separate but equal' doctrine itself: Did state supported segregation in public schools violate the equal protection clause of the Fourteenth Amendment? |
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Definition
| Brown v. Board of Education of Topeka, Kansas (1954) |
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Term
| Should the Sixth Amendment right to counsel apply to all criminal cases? |
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Definition
| Gideon v. Wainwright (1964) |
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Term
| Did Alabama and other states violate the equal protection rights of voters by apportioning legislative districts that contained unequal numbers of people? |
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Definition
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Term
Does the Fifth Amendment require police to inform suspects of their right to remain silent and to tell them anything they say can be held against them?
Could the police use evidence obtained without such warnings in court? |
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Definition
| Miranda v. Arizona (1966) |
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Term
| Did the commerce power permit Congress to prohibit discrimination in privately owned accommodations open to the public? |
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Definition
| Heart of Atlanta Motel v. the United States (1964) |
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Term
| Did the constitutional principle of separation of powers and the doctrine of executive privileges prevent the courts from requiring the President to turn over confidential material needed as evidece in a criminal trial? |
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Definition
| United States v. Nixon (1974) |
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