2nd Exam: review sheet and notes Flashcards
(101 cards)
Barron v. Baltimore
Govt. took his property (takings clause), Barron said that he should be compensated.
Constitution only applies to national government, not state.
Palko v. Conn.
Got the electric chair for murder, when he could have been saved by double jeopardy.
Established the principle of selective incorporation
Selective incorporation
the process by which different protections in the bill of rights were incorporated into the 14th amendment, thus guaranteeing citizens protection from state as well as national government
Skinner v. Oklahoma
S.C. struck down sterilization Oklahoma law, which brought up “strict scrutiny” (compelling state interest); shifted from rational scrutiny to strict scrutiny
Rational scrutiny
Burden of proof is on the person who brings up the claim; got changed to strict scrutiny
Cohen v. California
Cohen said “f*** the draft”; struck down Californian law against offensive speech.
Offensive speech is protected under first amendment.
Texas v. Johnson
Burned flag under protest; struck down Texas law pertaining to burning flags because it didn’t cause a riot & actually brought up higher patriotism
U.S. v. Eichman
Struck down the federal law (flag protection act) and flag burning is protected
Roth v. U.S
obscene speech is not protected
- porn is obscene (freedom of press), meaning utterly w/ out redeeming value or completely devoid of value whatsoever
- established the Roth test
Roth Test
whether the average person applying the contemporary community standards finds the work taken as a whole to appeal to the prurient interest
Miller Test
test determining that which is pornographic:
- Roth test
- states local governments discretion to decide on its own what is obscene
- redefines obscenity; whether the work lacks serious value.
Jacobellis v. Ohio
Famous of opinion of Justice Potter Stewart defined pornography as “I know it when I see it.”
Near v. Minnesota
Struck down Minnesota law and established doctrine of no prior restraint
Furman v. Georgia 1972
S.C. struck down death penalty saying it violated 8th amendment
Gregg v. Georgia
S.C. reinstated the death penalty containing;
- mitigating circumstances, things help explain what happen
- aggravating circumstances ex. killing someone of the law
- Auto appeal
Jurek v. TX 1976
upheld death penalty
Coker v. Georgia
established that you can’t get the death penalty unless you take a life (physically kill someone)
Kennedy v. LA 2010
did not abandon stare-decisis; confirmed precedent case (Coker v. GA)
Story: he raped his 8 yr old step daughter, but he couldn’t get the death penalty because he didn’t kill anyone. Rape can’t give you the death penalty
Establishment clause (of religion)
1st amendment clause that says “congress shall make no law respecting an establishment of religion” this law means that a “wall of seperation” exists between church and state (SAYS CHURCH AND STATE ARE TO BE SEPERATE), must show secular purpose
Free Exercise clause (of religion)
asking for exemption from law because of religious views; the 1st amendment clause that protects a citizen’s right to believe and practice whatever religion he or she chooses
Reynolds v. U.S.
brought up belief-action distinction; tried to strike down polygamy but failed
Minnersville v. Gobitis 1940
Minnersville school had a solute the flag procedure & Gobitis children who were Jehovah Witness’ were told to solute the flag, but their religion was against honoring other false idols so they asked for exemption from the rule but were denied
W. Virginia v. Barnett 1942
abandoned stare-decisis; reversed themselves in Minnersville v. Gobitis allowing Jahovis Witness’ to be exempt from saluting the U.S. flag
Habeas corpus
a court order demanding that an individual in custody be brought into court and shown the cause for detention
