Civil Liberties/Civil Rights Flashcards
(45 cards)
Marbury v. Madison (1803)
Clause:
Background:
- Madison appointed judges last minute
- Marbury wasn’t commissioned before Jefferson took office
- Jefferson told Madison to withhold the commission
Ruling:
- Judiciary Act of 1789 was unconstitutional
Established:
- established judicial review
McCulloch v. Maryland (1819)
Clause:
Necessary and proper clause
Background:
-2nd nat. bank chartered
-Maryland taxed the bank and McCulloch refused to pay it
-Maryland said bank was unconstitutional
Ruling: McCulloch
Established:
National supremacy over state supremacy
Schneck v. United States (1919)
Clause:
First Amendment - free speech clause
Background:
- WWI Schneck gave out leaflets saying draft violated 13th amendment
- charged with violating the Espionage Act (encouraging draft dodging)
- Does the espionage act violate the 1st amendment?
Ruling:
- US
- Scheck did violate the Espionage Act
- Espionage Act is constitutional
Established:
- free speech clause does not apply for advocacy of unlawful behavior
- congress was expressing its wartime authority
Brown v. Board of Education (1954)
Clause:
Equal protection clause - 14th amendment
Background:
- brown argued segregation in public schools is unconstitutional
Ruling:
- racial segregation in schools is unconstitutional
Established:
- required desegregation of all public schools
- established state decisis (reflect but don’t always uphold)
Engel v. Vitale (1962)
Clause:
Establishment Clause
- laws cannot be made “establishing a religion”
Background:
- NY Board of Regents - voluntary prayer at school
Ruling:
prayer is not allowed in school
Established:
school sponsored religious events = violation of the first amendment
Baker v. Carr (1962)
Clause:
Equal Protection Clause - 14th amendment
Background:
-Tennessee never redrew their voting districts
-rural voters had more say than urban
-argued citizens are not equal under the law
Ruling:
Must redraw districts
Established:
-1-person 1 vote
-SCOTUS has the power to rule on issues of legislative reapportionment
Gideon v. Wainwright (1963)
Clause:
6th amendment - right to council
Background:
- Gideon charged with felony
- requested a court appointed lawyer
- Florida law said you can only have one in capital crime cases
Ruling:
Gideon - right to council applies to state court Defendents via 14th amendment
Established:
right to council is fundamental and should be incorporated into the states
Tinker v. Des Moines (1969)
Clause:
Free speech clause
Background:
- black armbands protesting Vietnam
- got suspended
Ruling:
Tinker - protected symbolic speech
Established:
- students still have free speech in school
- to justify suppression of speech, it must substantially interfere with school operations
NYT Co. v. United States (1971)
Clause:
freedom of the press
Background:
- Pentagon Papers
- prior restraint
Ruling:
NYT - protecting press against prior restraint
Established:
- “heavy burden” for prior restraint
Wisconsin v. Yoder (1972)
Clause:
Free exercise
Background:
- Yoder (Amish) refused to send children to school after 8th grade
- Wisconsin law required students to be in school through 16
Ruling:
Yoder - requirement to send students to school past 8th grade is unconstitutional
Established:
free exercise of religion is more important than federal interest of sending students to school
Roe v. Wade (1973)
Clause:
Due process clause - 14th amendment - right to privacy
Background:
- Texas banned abortions
- Roe wanted an abortion
Ruling:
- Roe
- A woman’s right to abortion falls under the right to privacy in the 14th amendment
Established:
- expanded the definition of privacy
- 46 states were affected by this ruling
Shaw v. Reno (1993)
Clause:
Equal Protection Clause
Background:
- racial gerrymandering in NC
- Shaw = ERC violated because race was the only factor
- Reno = lines helped black voters - a minority group
Ruling: Shaw
Established:
- racial gerrymandering is unconstitutional, as it is dangerous
U.S. v. Lopez (1995)
Clause:
Commerce Clause
Background:
-Lopez brought a gun to school and was arrested
-Lopez argued guns in schools is for states not the nat. gov
Ruling: Lopez
Established:
Cause is about federalism and the shifting of power to the states as the commerce clause lost some power
McDonald v. Chicago (2010)
Clause:
- 2nd amendment - right to bear arms
- selective incorporation
Background:
- Chicago passed a handgun ban law
Ruling:
- handgun ban was unconstitutional
Established:
- 2nd amendment was incorporated into the states by the 14th amendment due process clause
Citizens United v. FEC (2010)
Clause:
1st amendment - free speech
Background:
- CU couldn’t show an anti-Hillary movie
- Does the Bipartisan Campaign Reform Act of 2004 apply to nonprofits?
Ruling:
- corporations are considered people
- independent political expenditures cannot be limited
Established:
- spending money is a form of free speech
- led to the creation of super PACs and increased the amount of money going to campaigns
Civil Liberties
Civil Rights
1st amendment
Free speech
-Tinker v. Des Moines - symbolic speech
- Schneck v. US
Free press
NYT v. US - prior restraint
Free Religion
-Establishment Clause (Engel v. Vitale)
-Exercise Clause (Wisconsin v. Yoder)
2nd amendment
Right to bear arms
- McDonald v. Chicago
4th amendment
Search and seizures
5th amendment
Grand Jury, Due process, Self-Incrimination
6th amendment
Right to an Attorney
- Gideon v. Wainwright
8th amendment
Excessive fines, cruel and unusual punishments
14th amendment
Privileges or Immunities Clause
Citizenship Clause
- Race blind citizenship
Due Process Clause - state level
- Roe v. Wade
Equal Protection Clause
- Brown v. Board of Education
- Baker v. Carr
- Shaw v. Reno
Enforcement Clause
