 principle of Judicial Review (midnight judges)  Significance: John Marshall led the Court in establishing its power to review laws and declare them unconstitutional.

 Principle of Implied Powers  Second Bank of the U.S.-Maryland placed a tax on all notes issued by banks  Significance: The Court’s opinion broadened the powers of Congress to include implied powers in addition to those listed in the Constitution  Upheld the constitutionality of the Second Bank, “necessary and proper”

 Interstate Commerce  The state of New York had awarded Aaron Ogden an exclusive permit to carry passengers by steamboat between New York City and New Jersey.  The federal government had issued a coasting license to Thomas Gibbons for the same route.  Significance: Marshall, dealing a blow to the arguments of states’ rights advocates, established the superiority of federal authority over states’ rights.

 Dred Scott- slave of a doctor in U.S. Army who moved from army post to army post.  Scott had lived in a free state and a free territory, although they had returned to Missouri, a slave state, before the doctor’s death.  Significance: The ruling struck down the Missouri Compromise, which Congress had determined which states would be free and which slave, and the Kansas-Nebraska Act that used the principle of popular sovereignty.  Congress had no power to forbid slavery in U.S. territories.

 Principle of separate but equal  The Court ruled that as long as the facilities were equal, it was not unconstitutional to segregate whites and blacks.

 Principle of a clear and present danger  Under the Espionage Act of 1917, Charles Schenck, general secretary of the Socialist Party in the U.S. was convicted of printing and distributing leaflets urging men to resist the draft during WWI.  During wartime, his words presented a danger to the nation.

 Equal protection under the law  Thurgood Marshall and the National Association for the Advancement of Colored People (NAACP).  The Court ordered schools to desegregate “with all deliberate speed”  This ruling reversed Plessy v. Ferguson

 Interstate commerce  In 1964, Congress, using its powers to regulate interstate commerce, passed the Civil Rights Act banning discrimination in public accommodations and in employment.  The Court’s ruling upheld Congress’s use of the commerce clause as the basis for civil rights legislation.

 One man, one vote  As a result of the 1960 Census, Georgia’s ten congressional districts were reapportioned.  The Fifth District had over 800,000 people while the other nine districts had just under 400,000.  Court’s ruling: ended the pattern of rural overrepresentation and urban underrepresentation in legislatures.

 Right to be represented by a counsel  Clarence Gideon charged with robbing a pool hall. He asked for a court-appointed lawyer and was denied. Convicted and sentenced to five years in jail  The Court overturned his conviction stating that the due process clause of the 14 th Amendment protects individuals against state encroachments on their rights.

 Right to privacy  A Texas law banned all abortions except those to save the life of the mother.  Court- The state may not ban abortions in the first six months of pregnancy. A fetus is not a person and, therefore, not protected by the 14 th Amendment. However, the amendment does protect a woman’s right to privacy.