Con Law Flashcards
(77 cards)
What was the original application of the Bill of Rights?
The Bill of Rights originally limited only the federal government; states largely retained authority over individual rights.
What significant amendments were introduced after the Civil War to prevent state oppression?
The 13th, 14th, and 15th Amendments aimed at preventing state oppression of newly freed slaves and others.
What does the 14th Amendment’s Due Process Clause state?
No State shall deprive any person of life, liberty, or property, without due process of law.
What was the outcome of the Slaughter-House Cases (1873)?
The cases undermined the argument that the 14th Amendment’s Privileges or Immunities Clause would incorporate all Bill of Rights provisions.
What test was introduced in Palko v. Connecticut (1937)?
Only those rights ‘implicit in the concept of ordered liberty’ and ‘rooted in the traditions and conscience of our people’ would be protected against the states.
What was the significance of Adamson v. California (1947)?
The Court refused total incorporation of the Fifth Amendment privilege against self-incrimination.
What did Justice Black argue in Adamson v. California?
He argued for total incorporation of all Bill of Rights guarantees.
What is the ‘jot-for-jot’ application in the context of incorporated rights?
Once incorporated, the right applies to states identically as it does to the federal government.
What led to the emergence of a constitutional right to privacy?
The 14th Amendment’s concept of ‘liberty’ expanded to include substantive protection for intimate personal decisions.
What was the ruling in Griswold v. Connecticut (1965)?
Invalidated a state law banning contraception for married couples, recognizing a ‘zone of privacy’.
What did Eisenstadt v. Baird (1972) establish regarding contraception?
Extended contraception rights to unmarried individuals, emphasizing individual privacy.
What was the central holding of Roe v. Wade (1973)?
A woman’s decision whether to terminate a pregnancy before viability falls within the right to privacy.
What standard did Planned Parenthood v. Casey (1992) introduce?
The undue burden standard for state regulations on pre-viability abortion.
What did Whole Woman’s Health v. Hellerstedt (2016) reinforce?
Courts must weigh the health benefits of abortion restrictions against their burdens on access.
What is the rationale for reproductive freedom based on?
Autonomy, bodily integrity, equality, and the role of intimate decisions in shaping a person’s destiny.
What did Cruzan v. Director, Missouri Department of Health (1990) recognize?
A competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment.
What was the outcome of Washington v. Glucksberg (1997)?
The Court rejected a claimed fundamental right to physician-assisted suicide.
What does the right to die encompass?
The right to refuse life-sustaining treatment but does not extend to physician-assisted suicide.
What did Lawrence v. Texas (2003) overrule?
Bowers v. Hardwick, striking down laws criminalizing consensual same-sex sexual conduct.
What did Loving v. Virginia (1967) declare about marriage?
Marriage is a fundamental right, central to personal autonomy and the pursuit of happiness.
What is the significance of Wisconsin v. Yoder (1972)?
Exempted Amish parents from compulsory high school attendance laws, respecting parental control.
What did Moore v. City of East Cleveland (1977) protect?
Extended family living arrangements, recognizing the importance of family bonds.
What is the constitutional basis for the right to travel?
Related to national citizenship and protected by Equal Protection and Due Process principles.
What was the ruling in Shapiro v. Thompson (1969)?
Struck down residency requirements for welfare benefits that penalized people moving from another state.
