Term
| Abbington v. Schempp (1963) |
|
Definition
- Prohibited devotional Bible reading in public schools by virtue of establishment clause and due process clause.
- Warren Court's judical activism
- Think Abbignale from "Catch Me If You Can" He didn't have ethics. He wouldn't like Bible readings in public schools.
|
|
|
Term
|
Definition
- "One man one vote"
- Ordered state legislative districts to be as near equal as possible in population.
- Warren Court's judical activism
- Districts should be evenly divided so the Baker doens't have to get in his car to deliver cupcake orders. Should be able to walk
|
|
|
Term
| Bakke v. Regents of the University of California (1978) |
|
Definition
- Affirmative Action
- Racial quotas="reverse discrimination"--prohibited. No eqaul protection
- Civil Rights Act of 1964 could be used as criterion for Aff. action programs. Race just can't be sole basis for admission
- The Regents scholarship doens't have quotas
|
|
|
Term
| Barron v. Baltimore (1833) |
|
Definition
- Bill of Rights limits only the national gov, not the states.
- States not bound by Fifth amendment right to give just compensation
- Created the concept of dual citizenship
- This is before 14th amendendment in 1868
- Hairspray, integration. States were resistant to follow executive orders
|
|
|
Term
| Boy Scouts of America v. Dale |
|
Definition
- Boy Scouts organization allowed to dismiss leader after learning he was gay
- Freedom of association outweighs New Jersy anti-discrimination statute
|
|
|
Term
| Brandenburg v. Ohio (1969) |
|
Definition
- Government cannot punish inflammatory speech unless it is directed to inciting and likely to incite imminent lawless action
- Helps define First Amendment rights
- Brandenburg Test (intent, imminence, likelyhood)
- Overturned Whitney v. California (1927)
|
|
|
Term
| Brown v. Board of Education (1954) |
|
Definition
- Overturned "seperate but equal" doctrine established in Plessy v. Furgesson (1896)
- Seperate facilities are inherently unequal
- It was not uncommon for 10x more to be spent on a white student that black
|
|
|
Term
|
Definition
- First Amendment protects campaign spending
- Legislature can limit contributions
- Cannot limite how much candidate spends of his own money
- Deals with donating "bucks", you pay for valet parking
|
|
|
Term
|
Definition
- Florida recount stopped in the election of 2000
- Use of 14th Amendment's equal protection clause
|
|
|
Term
|
Definition
- apparent discrimination illegal whether aimed at men or woman
- Unless classifying by gender related to important gov. objective
- "medium scruntiny" standard replaces "minimum rationality" standard
- Can't not hire Mrs. Craig cause she is a woman, but can refuse cause she's "boren"
|
|
|
Term
| Dartmouth College v. Woodward (1819) |
|
Definition
- Upholds the sanctity of contracts
- NH attempted to take over Dartmouth by revising its colonial charter
- Charter protected under contract clause of Constituion
- Contracts are made from paper which is made from wood
|
|
|
Term
| Duncan v. Louisiana (1968) |
|
Definition
- Gurantees the right to trial by jury where a sentence of at least 2 years is invovled.
- "My Date with the Presiden't Daughter" Duncan would have been up for at least 2 years for "kidnapping" president's daughter. He would have got a jury
|
|
|
Term
|
Definition
- Prohibited state-sponsored recitation of prayer in public schools
- Used 1st amendment establishment clause and 14th due process clause
- struck down non-denomiational prayer that started with "Almighty God"
- Warren Court's judical activism
- English is vital. Schools can't spend time praying, just study english
|
|
|
Term
| Epperson v. Arkansas (1968) |
|
Definition
- Prohibited states from banning teaching of evolution
- "epp" "person" from Arkansas looks like a monkey :)
|
|
|
Term
| Escobedo v. Illinois (1964) |
|
Definition
- Defendent must be allowed access to a lawyer before questioning by police
- Escobedo sounds like "let's go to bettos" before the police question me, I get to go to bettos and talk with my lawyer
|
|
|
Term
| Everson v. Board or Education (1942) |
|
Definition
- New Jersey law allowing reimbursment of money to parents who sent their children to school (public or private) on buses operated by the public transportation system didn't violate establishment clause or the or the 1st and 14th Amendments
- Everson drives a freaking sweet pink bus
|
|
|
Term
|
Definition
- Upholds the sactity of contracts
- Decision stems from the Yazoo land cases
- You don't want to violate a contract with a man who is buff and has large pecks
|
|
|
Term
|
Definition
- State death penalties (as then applied) are arbitrary and violate equal protection of the 14th Amendment
- You can't kill a man and make a coat out of his fur
|
|
|
Term
|
Definition
- Clarified commerce clause and affirmed Congressional power over interstate commerce
- Gibbons given navigation rights from federal license and Odgen by NY state law
|
|
|
Term
| Gideon v. Wainwright (1963) |
|
Definition
- Defendent in a felony trial must be provided a lawyer free of charge if the defendent can't afford one
- Before this, only provided in a captial crime
|
|
|
Term
| Gitlow v. New York (1925) |
|
Definition
- Established precedent of federalizing Bill of Rights (applying them to the states)
- States cannot deny freedom of speech which is protected by the due process clause of the 14th Amendment
|
|
|
Term
|
Definition
- Upheld Georgia death penality laws requiring dual-phase trial and special circumstances
- Captial punishment doesn't constitute cruel and unusual punishment of the 8th Amendment
- Greg's spikes could stab someone, they could hire him to be an executor
|
|
|
Term
| Griswold v. Connecticut (1965) |
|
Definition
- Decision that the Constitution implicitly guarantees citizens' rights to privacy
- Griswold has a right to Christmas light display plans secret
|
|
|
Term
|
Definition
- Upheld Executive Order 9066 which established detention camps for Japanese-Americans during WWII
- Need to protect against espinoge outweighs Korematsu's induvidual rights
- First time strict scrutiny standard is applied to racial discrimination by the goverment
|
|
|
Term
|
Definition
- Established criteria for determining if governmental interference in religion
- Used as a barometer to measure legislative practices of the state
- Lemon test: Legislative purpose must be secular, neither advance nor inhibit religion, aviod excess entanglement of gov with religion
|
|
|
Term
|
Definition
- Established exclusionary rule on a state level (illegally obtained evidence will be exculded)
- Weeks v. United States (1914) had developed exclusionary rule on a federal level.
- This decision was controversial because virtually all violent crime falls under the jurisdiction of the states. Now this is a question of letting rapiest, murders, and robbers go as opposed to smugglers and tax evaders on the federal level.
- Warren Court's judical activism
- If it's not on the map, you can't use it.
|
|
|
Term
| Marbury v. Madison (1803) |
|
Definition
- Established the principle of judical review
- Ruled Judiciary Act of 1789 unconstitutional because it said the Supreme Court had original jurisdiction in cases like this.
- Case outside of the Court's jurisdiction as it didn't meet constitutional standard of cases in their original jurisdiction
|
|
|
Term
| McCulloch v. Maryland (1819) |
|
Definition
- States can't tax federal government (National Bank) "power to tax is power to destroy"
- Confirmed the constituionality of the national bank established under the "necessary and proper" elastic clause
- Laws protecting it are Supreme
|
|
|
Term
| Miller v. California (1973) |
|
Definition
- Determined obsenity clause to related works that lack literary, artistic, political or scientic value
- LAPS test
- Miller hates to run LAPS in California
|
|
|
Term
| Miranda v. Arizona (1966) |
|
Definition
- Upon arrest, a suspect must be read their rights. Right to remain silent, anything you say can be held against you, right to consult with lawyer before questioning which will be provided if you can't afford it.
- Aims to protect Fifth Amendment right against self-incrimination
- Controversial: "handcuffs police"
|
|
|
Term
|
Definition
- Gov cannot censor something (newspaper) because that restricts freedom of the press
- Main issue was goverment officals were being criticized and wanted to censor criticism
- My sensor detected I was near Minnesota
|
|
|
Term
| Palko v. Connecticut (1937) |
|
Definition
- Ruled that a harsher sentence as a result of a new trial won on appeal doesn't volate double jepardy of 5th Amendment
- If you lose and get 2 years and you appeal and get 5 then thats what you get :)
- Provided a test to determine which part of the Bill of Rights should be federalized--those implictly and explicitly necessary for liberty
|
|
|
Term
|
Definition
- Right to an impartial jury
- Park would sure be glad if he got an impartial jury
|
|
|
Term
| Plessy v. Ferguson (1896) |
|
Definition
- Ruling that seperate but equal facilities for different races weren't unconstitutional
|
|
|
Term
|
Definition
- Ruling that decriminalized abortion
- Used Ninth Amendment as argument of applyitng 4th Amendment "to be secure in their persons" to a woman's right to decide abortion
|
|
|
Term
| Schenck v. United States (1919) |
|
Definition
- Case involving limits on free speech
- Established "clear and present danger" principle
- Schenck had published anti-draft pamplets
|
|
|
Term
|
Definition
- NO racial gerrymandering
- Race cannot be the sole or predominant factor in redrawing legislative boundaries
- You gamble in Reno, and drawing the lines should be a gamble of race distribution. don't consider it when you draw lines. Don't "Saw" the districts
|
|
|
Term
|
Definition
- Flag-burning is symbolic speech with a political purpose
- Protected by the First Amendment
|
|
|
Term
| Tinker v. Des Moines (1969) |
|
Definition
- Guaranteed a stduent's right to protest
- Wearing armbands to symbolically protest Vietnam war
- Rights do not stop at the school gates
|
|
|
Term
| U.S. v. Richard Nixon (1974) |
|
Definition
- Court rejected Nixon's claim to executive privledge against any judical process
- Nixon must hand over tapes
|
|
|
Term
|
Definition
- Gun Free School Zones Act exceeded Congress's authority to regulate interstate commerce
- Misuse of federal authority to prohbit guns within 1000 feet of a school
|
|
|
Term
| Webster v. Reproductive Health Services (1987) |
|
Definition
- More leeway for states in regulating abortion, though no iverturing of Roe v. Wade
- Upholds MO law prohibiting abortion in public hosptials
- Later cases allow for 24 hour waiting periods, parental consent for minors
|
|
|
Term
| Wesberry v. Sanders (1964) |
|
Definition
- Ordered House districts to be as near equal as possible (exention of Baker v. Carr to Congressioanl districts)
- Population dfferences in Georgia congressional districts so unequal that they violated constitution
|
|
|
Term
|
Definition
- State laws regulating sexual activity between same-sex partners ruled as a denial of due process (liberty) rights
- Texas sodomy law unconstituional
- Overturned Bowers v. Hardwick, which had upheld antisodomy law
- Lawrence is gay
|
|
|
Term
| Grutter v. Bollinger (2003) |
|
Definition
- The Michigan Law School's use of race criteria for admission is acceptable and doeesn't violate equal protection
- However, point system used in undergraduate admission is too similar to racial qutoas and is illegal.
- Easier for Blacks to get on a bowling team
|
|
|
Term
|
Definition
- The gov can't detain a citizen without presenting habeas corpus just because the executive branch has defined them as an enemy combatant.
- Citizens have the right to have a neutral court hear complaint about detention
- Even if Ham is gross, still have to give HC
|
|
|
Term
|
Definition
- Individuals of African descent were not, nor could be, citizens of the United States
- Missouri Compromise declare unconstitutional
- Dred Scott was sueing, but the court said he wasn't a citizen and didn't even have the right to sue in the first place.
|
|
|
Term
| Lochner v. New York (1905) |
|
Definition
- Substantive due process implemented
- Ruled that a limitation of labor hours was a violation of the freedom of contract protected under the "liberty" portion of the due process clause
- You can work as many hours as you want at Reb "Lochner"
|
|
|
Term
| Abrams v. United States (1919) |
|
Definition
- Freedom of speech could be limited if it was something that could possibly inhibit the government from something like weapons production
- If Abramham did something that stood in the governments way, its not allowed.
|
|
|
Term
|
Definition
- Those accussed of capital crimes (like death penalty crimes) were entitled to have the state pay for an attorney as defense.
- A murder happened at Lake Powell and the accussed murdered is provided with a lawyer by the state because he is up for death penalty
|
|
|
Term
|
Definition
- "One person, one vote" set as a mathematical standard for creating voting districts
- Sims is as easy as 1+1
|
|
|
Term
| Planned Parenthood v. Casey (1992) |
|
Definition
- Roe v. Wade upheld but ruled that some regulations could be implemented by states as long as they didn't present an undue burden to a woman getting an abortion
- Husband notification in this case considered too much
|
|
|
Term
| Brown v. Board of Education II (1955) |
|
Definition
- One year after Brown v. Board
- Court handed down further instructions that schools should be desegregated with "all deliberate speed"
- Set II of the ruling, continuation
|
|
|
Term
| NY Times v. Sullivan (1964) |
|
Definition
- Newspapers and media are allowed to publish information that is incorrect unless they knew at the time it was incorrect and published it with a malicious intent
- NY times published mean stuff about Sulli from monster inc
- Pentagon papers
|
|
|
Term
| Clinton v. New York (1998) |
|
Definition
- Line item veto violates the intended seperation of powers outlined in the Constitution
|
|
|
Term
| Gratz v. Bollinger (2003) |
|
Definition
- The undergraduate program's use of race as a part of admissions was violation of the Equal Protection clause and Title VI because it weighted race automatically and too heavily for or against an induvidual
|
|
|
Term
|
Definition
- The president is NOT free from civil litigation (lawsuits) during the time they serve as President
- Paula Jones had filed sexual harassment case against Clinton
- the President, like all other government officials, is subject to the same laws that apply to all other members of our society
|
|
|
