Shared Flashcard Set

Details

AP Government
Court Cases and Sig. Laws
19
Other
12th Grade
09/05/2010

Additional Other Flashcards

 


 

Cards

Term

Fletcher v. Peck

(1810)

Definition

In 1795, the Georgia state legislature passed a land grant awarding territory to four companies. The following year, however, the legislature voided the law and declared all rights and claims under it to be invalid. In 1800, John Peck acquired land that was part of the original legislative grant. He then sold the land to Robert Fletcher three years later, claiming that past sales of the land had been legitimate. Fletcher argued that since the original sale of the land had been declared invalid, Peck had no legal right to sell the land and thus committed a breach of contract. This was the first time a state law was found invalid because it conflicted with the U.S. Constitution.

Term

McCulloch v. Maryland

(1819)

Definition

 In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. In the McCulloch vs. Maryland, (1819) Supreme Court case, Chief Justice John Marshall ruled that it was unconstitutional for the state of Maryland to tax privately owned banks because this would disadvantage the 2nd national bank in Maryland, a branch of the federal bank. Marshall ruled that federal institutions must be honored and not disadvantaged. 

 

 

Term

Gibbons v. Ogden 

(1824)

Definition

        A New York state law gave two individuals the exclusive right to operate steamboats on waters within state jurisdiction. Laws like this one were duplicated elsewhere which led to friction as some states would require foreign (out-of-state) boats to pay substantial fees for navigation privileges. In this case a steamboat owner who did business between New York and New Jersey challenged the monopoly that New York had granted, which forced him to obtain a special operating permit from the state to navigate on its waters. The Court found that New York's licensing requirement for out-of-state operators was inconsistent with a congressional act regulating the coasting trade. The New York law was invalid by virtue of the Supremacy ClauseThis decision provided the federal government with the ability to regulate interstate commerce. Additionally, the case added weight to the authority of the federal government over state's rights. Also, this ruling was used as a basis for the Civil Rights Act of 1964.

Term

National Labor Relations Board v. Jones & Laughlin Steel 

(1937)

Definition

    With the National Labor Relations Act of 1935, Congress determined that labor-management disputes were directly related to the flow of interstate commerce and, thus, could be regulated by the national government. In this case, the National Labor Relations Board charged the Jones & Laughlin Steel Co. with discriminating against employees who were union members. The Court held that the Act was narrowly constructed so as to regulate industrial activities which had the potential to restrict interstate commerce. The justices abandoned their claim that labor relations had only an indirect effect on commerce. 

 

Term

Wickard v. Filburn

(1942)

Definition

Filburn was a small farmer in Ohio. He was given a wheat acreage allotment of 11.1 acres under a Department of Agriculture. Filburn harvested nearly 12 acres of wheat above his allotment. He claimed that he wanted the wheat for use on his farm, including feed for his poultry and livestock. Filburn was penalized.  The ruling established an exceptionally broad interpretation of the federal government's powers under the Commerce Clause. 

 

 

 

Term

Heart of Atlanta motel v. United States

(1964)

Definition

 Title II of the Civil Rights Act of 1964 forbade racial discrimination by places of public accommodation if their operations affected commerce. The Heart of Atlanta Motel in Atlanta, Georgia, refused to accept Black Americans and was charged with violating Title II. The Court held that the Commerce Clause allowed Congress to regulate local incidents of commerce, and that the Civil Right Act of 1964 passed constitutional muster. It marked a turning point in Congress' efforts to promote civil rights through use of its power to regulate interstate commerce.

Term

South Dakota v. Dole

(1987)

 

Definition

 In 1984, Congress enacted legislation ordering the Secretary of Transportation to withhold five percent of federal highway funds from states that did not adopt a 21-year-old minimum drinking age. South Dakota, a state that permitted persons 19 years of age to purchase alcohol, challenged the law. The Court held that Congress, acting indirectly to encourage uniformity in states' drinking ages, was within constitutional bounds. It addressed other, perennial issues such as spending power, the relative authority of the federal government and that of the states, and the line between inducement and encouragement. It related to questions of how or whether Congress may financially reward behavior it deemed beneficial, or withhold such rewards in the face of behavior it wanted to discourage.

 

 

Term

United States v. Lopez

(1995)

Definition

 Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises. The act forbids "any individual knowingly to possess a firearm at a place that [he] knows...is a school zone." Lopez was found guilty following a bench trial and sentenced to six months' imprisonment and two years' supervised release. The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.The Violent Crime Control and Law Enforcement Act of 1994 was able to fill in some of the gaps left open by the striking down of the Gun-Free School Zone Act. 

 

Term

Printz v. Untied States

(1997)

Definition

The Brady Handgun Violence Prevention Act (Brady Bill) required "local chief law enforcement officers" (CLEOs) to perform background-checks on prospective handgun purchasers, until such time as the Attorney General establishes a federal system for this purpose. In both cases District Courts found the background-checks unconstitutional, but ruled that since this requirement was severable from the rest of the Brady Bill a voluntary background-check system could remain.  The Court constructed its opinion on the old principle that state legislatures are not subject to federal direction. In as much as Printz v. United States was about gun control, it would prove to be a setback for those who wanted to limit citizens' rights to own guns under the Second Amendment.

 

 

 

Term

United States v. Morrison

(2000)

Definition

In 1994, while enrolled at Virginia Polytechnic Institute (Virginia Tech), Christy Brzonkala alleged that Antonio Morrison and James Crawford, both students and varsity football players at Virginia Tech, raped her. In 1995, Brzonkala filed a complaint against Morrison and Crawford under Virginia Tech's Sexual Assault Policy. Crawford was not punished.  Brzonkala then sued Morrison, Crawford, and Virginia Tech in Federal District Court, alleging that Morrison's and Crawford's attack violated 42 USC section 13981, part of the Violence Against Women Act of 1994. The Court held that Congress lacked the authority to enact a statute under the Commerce Clause or the Fourteenth Amendment since the statute did not regulate an activity that substantially affected interstate commerce nor did it redress harm caused by the state. 

 

 

Term

Gonzales v. Raich

(2005)

Definition

 In 1996 California voters passed the Compassionate Use Act, legalizing marijuana for medical use. California's law conflicted with the federal Controlled Substances Act (CSA), which banned possession of marijuana. . The district court ruled against the group. The Ninth Circuit Court of Appeals reversed and ruled the CSA unconstitutional as it applied to intrastate (within a state) medical marijuana use. The Ninth Circuit ruled using medical marijuana did not "substantially affect" interstate commerce and therefore could not be regulated by Congress. The Court held that the commerce clause gave Congress authority to prohibit the local cultivation and use of marijuana, despite state law to the contrary. 

 

 

Term

Gonzales v. Oregon

(2006)

Definition

 In 1994 Oregon enacted the Death with Dignity Act, the first state law authorizing physicians to prescribe lethal doses of controlled substances to terminally ill patients. Attorney General John Ashcroft declared in 2001 that physician-assisted suicide violated the Controlled Substances Act of 1970. Oregon sued Ashcroft in federal district court. That court and, later the Ninth Circuit, held Ashcroft''s directive illegal. The courts held that the CSA did not authorize the attorney general to regulate physician-assisted suicide, which was the sort of medical matter historically entrusted to the states. The Court held that Congress intended the CSA to prevent doctors only from engaging in illicit drug dealing, not to define general standards of state medical practice.



Term
Civil Rights Act of 1964
Definition

    a landmark piece of legislation in the United States that outlawed major forms of discrimination against blacks and women, and ended racial segregation in the United States. It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public ("public accommodations").  Significance: Regardless of these protests from both sides of society, many historians now believe that the 1964 Act was of major importance to America’s political and social development.

Term
Nation Voter Registration Act or Motor Voter Registration Act (1993)
Definition

signed into effect by United States President Bill Clinton on May 20, 1993, however compliance did not become mandatory until 1995. The legislation required state governments to allow for registration when a qualifying voter applied for or renewed their driver's license or applied for social services. Also, NVRA allowed for more accessible voter registration through mail-in and individual voter registration drives. The initial intention of the legislation was to encourage greater access to voter registration for the citizens who needed further assistance registering to vote.

 

Term
Clean Air Act (1970)
Definition

a U.S. federal law intended to reduce air pollution and protect air quality. The act—which underwent a major revision in 1990—deals with ambient air pollution (that which is present in the open air) as well as source-specific air pollution (that which can be traced to identifiable sources, such as factories and automobiles). The Clean Air Act sets standards for air quality that limit the amount of various pollutants to specified levels. The Clean Air Act also sets deadlines for governments and industries to meet the standards. The federal Environmental Protection Agency (EPA) is ultimately responsible for establishing standards and enforcing the Clean Air Act, although much of the daily business of fighting air pollution takes place at the state and local levels.

 

Term
Americans with Disabilities Act (1990)
Definition

 

is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009. The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances,discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Disability is defined by the ADA as "a physical or mental impairment that substantially limits a major life activity." 

 

Term
Unfunded Mandates Reform Act (1995)
Definition

A bill to curb the practice of imposing unfunded Federal mandates on States and local governments; to strengthen the partnership between the Federal Government and State, local and tribal governments; to end the imposition, in the absence of full consideration by Congress, of Federal mandates on State, local, and tribal governments without adequate funding, in a manner that may displace other essential governmental priorities; and to ensure that the Federal Government pays the costs incurred by those governments in complying with certain requirements under Federal statutes and regulations; and for other purposes.

Term
Personal Responsibility & Work Opportunity Reconciliation Act of 1996 
Definition

   is a United States federal law considered to be a fundamental shift in both the method and goal of federal cash assistance to the poor. The bill was a cornerstone of the Republican Contract With America and was introduced by Rep. E. Clay Shaw, Jr.  who believed welfare was partly responsible for bringing immigrants to the United States. Bill Clinton signed PRWORA into law on August 22, 1996, fulfilling his 1992 campaign promise to "end welfare as we know it".

Term
No Child Left Behind (2002)
Definition

   supports standards-based education reform, which is based on the belief that setting high standards and establishing measurable goals can improve individual outcomes in education. The Act requires states to develop assessments in basic skills to be given to all students in certain grades, if those states are to receive federal funding for schools. The Act does not assert a national achievement standard; standards are set by each individual state.

Supporting users have an ad free experience!