Constitutional Law Cases Flashcards Preview

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Flashcards in Constitutional Law Cases Deck (77):
1

Department of Human Resources of Oregon v Smith

• Individual’s religious beliefs do not excuse person from complying with a law

2

Edwards v Aguillard

• Louisiana law “Balanced Treatment for Creation-Science and Evolution-Science” Act unconstitutional

3

Elk Grove Unified School District v Newdown

• Newdown did not have standing to bring suit because did not have sufficient custody over his daughter
• Dealt with Pledge of Allegiance “under God”

4

Engle v Vitale

• There may not be a prayer, even a nondenominational once, in public schools

5

Epperson v Arkansas

• States cannot prohibit the teaching of material objectionable to a particular religious sect

6

Lemon v Kurtzman (1971)

• Supreme Court strikes down state effort to subsidize parochial school salaries
• Established “Lemon Test” (3 obstacles to federal funds)

7

ACLU v Reno

• Ruled internet to be “mass speech…unlike broadcasting…non-invasive…same protection as print media”
• A law that bans sending “indecent” material to minors over the Internet is unconstitutional because “indecent” is too vague a term

8

Tennessee v Scopes

• Challenged a Tennessee law that made it a crime to teach evolution
• Fined Scopes, but the fine was reversed on a technicality

9

Baker v Carr

• Enables federal courts to intervene in and to decide redistricting cases

10

Brown v Board of Education

• Ruled that separation was not equal → outlawed segregation

11

Bush v Gore

• Held that Florida Supreme Court’s scheme for recounting ballots was unconstitutional

12

Gratz v Bollinger

• Michigan’s use of racial preference in undergraduate admissions violates Equal Protection Clause

13

Guinn v US

• Bans grandfather clause that had been used to prevent blacks from voting

14

Harper v Virginia

• The 14th Amendment forbids making a tax a condition of voting in an election

15

Heart of Atlanta Motel Inc. v US

• Congress can force private businesses to abide by the Civil Rights Act of 1964

16

Ledbetter v Goodyear

• Employment discrimination case dismissed because did not file within limitations period

17

Lochner v NY

• State limit of working hours unconstitutional because interferes with freedom of contract

18

Regents of University of CA v Bakke

• University can use special criteria to determine which students gained acceptance so long as it did not use a quota system

19

Reynolds v Sims

• Struck down AL’s apportionment law
• Must apportion based on population

20

Clinton v NY

• Ruled line item veto unconstitutional

21

Fletcher v Peck

• First case to declare a state law in violation of the Constitution

22

Gibbons v Ogden

• Expanded interstate commerce
• Established federal authority over states

23

Gonzales v Oregon

• Controlled Substances Act did not authorize Attorney General to declare medical marijuana illegal

24

National Federation of Independent Business v. Sebelius

Upheld most provisions of Obamacare

25

US v Nixon

• Granted that presidents have limited “executive privilege,” but it did not apply in Nixon’s case

26

US v Darby

• Affirmed the right of Congress to exercise to the “utmost extent” its power under the Commerce Clause, so Congress can regulate employment under the Fair Labor Standards Act

27

US v Windsor

• States have the authority to define marital relationships
• Struck down DOMA

28

DC v Heller

• 2nd Amendment protects right to possess firearm unconnected with service in a militia

29

Korematsu v US

• Internment of Japanese Americans was illegal → give compensation

30

Marbury v Madison

• Upheld judicial review of congressional acts

31

McCulloch v Maryland

• Said that creating a federal bank, though not mentioned in the Constitution, was a “necessary and proper” exercise of the government’s right to borrow money

32

Worchester v Georgia

• Marshall invalidated GA law concerned Cherokee nation
• Only federal government has power to control Native American nations

33

Board of Education (Island Tree) v Pico

• Board could not restrict the availability of books in its libraries just because its members disagreed with their content

34

Buckley v Valeo

• Struck down limits on campaign spending
• Upheld restriction of individual contributions

35

Chaplinsky v New Hampshire

• Fighting words are not protected by the Constitution

36

Citizens United v FEC

• Corporate funding of independent political broadcasts in candidate elections cannot be limited

37

Gitlow v NY

• “Dangerous tendency” test
• First Amendment applies to states

38

Miller v CA

• Tried to define obscenity
Must appeal to prurient interests
Displays sexual conduct in an offensive manner
Lacks artistic value
• Issue left to local jurisdiction to define

39

Morse v Frederick

• School officials can prohibit students from displaying messages that promote illegal drug use

40

New York Times v Sullivan

• To libel a public figure, one must prove “actual malice”

41

New York Times v US

• Upheld ability to publish Pentagon Papers
• Denied Nixon his “executive authority” over this

42

Schenk v US

• Clear and present danger test of free speech = advocacy is allowed so long as it does not incite a violation of another’s rights

43

Texas v Johnson

• There may not be a law to ban flag burning

44

Tinker v Des Moines Independent School Board

• Upheld the right of students to wear black armbands in protest of the Vietnam War

45

Cohen v California

• Supreme Court overruled a conviction (man wearing a jacket saying “fuck the draft”) stating “one man’s vulgarity is another man’s lyric”

46

Near v Minnesota

• Government could not censor or otherwise prohibit a publication in advance, even though the communication might be punishable after publication

47

Bowers v Hardwick

• Unsuccessful challenge to GA’s anti-sodomy laws

48

Boy Scouts of America v Dale

• A private organization may ban gays from its membership

49

Lawrence v Texas

• State law may not ban gay sexual relations

50

Romer v Evans

• Colorado violated the equal protection clause by singling out gay people

51

US v Windsor

• States have the authority to define marital relationships
Struck down DOMA

52

Barron v Baltimore

• Ruled Bill of Rights is only on federal issues, not the state

53

Gideon v Wainwright

• Granted people in need the right to counsel
• 6th Amendment extends to states

54

Mapp v Ohio

• Incorporated the exclusionary rule

55

Griswold v Connecticut

• Original privacy case
• Found a “right to privacy” in the Constitution that would ban any state law against selling contraceptives

56

Katz v US

• Extended Fourth Amendment protection to all areas where a person has a "reasonable expectation of privacy"

57

Madsen v Women’s Health Clinic

• State of FL could only restrict abortion protesters to extent necessary to allow clinic to run
• Limited noise but not images

58

Planned Parenthood v Casey

• Reaffirmed Roe but tolerated limitations like parent notification for minors by upholding PA’s restrictive abortion regulations

59

Roe v Wade

• Most disputed privacy case
• State laws against abortion were unconstitutional

60

Dolan v City of Tigard

• There must be an “essential nexus” between a legitimate state interest and the permit requirements

61

Kelo v City of New London

• City’s taking of private property to sell for private development qualified as a “public use” within the meaning of the takings clause

62

Nolan v CA Costal Commission

• If CA wished to use its power of eminent domain to make residents keep a sidewalk, it must provide “just compensation”

63

Dred Scott v Sanford

• Supreme Court could not forbid slavery because slavery were property and had no rights
• Missouri Compromise was unconstitutional

64

Brown v Board of Education

• Ruled that separation was not equal → outlawed segregation

65

Plessy v Ferguson

• “Separate but equal”

66

Dred Scott v Sanford

• Supreme Court could not forbid slavery because slavery were property and had no rights
• Missouri Compromise was unconstitutional

67

Shaw v Reno

• NC’s gerrymandered reapportionment was bizarre and unconstitutional

68

Smith v Allwright

• Denying blacks the right to vote in primary elections was unconstitutional

69

Swann v Charlotte Mecklenberg County Schools

• Approved busing as a means of combating racial segregation

70

Atkins v Virginia

• No capital punishment for the mentally disabled

71

Brewer v Williams

• Clarifies what constitutes "waiver" of the right to counsel for the purposes of the Sixth Amendment
• “Christian Burial Speech” was tantamount to an interrogation → officer violated

72

Furman v Georgia

Limited use of death penalty

73

Gideon v Wainwright

• Granted people in need the right to counsel

74

Hamdi v Rumsfelt

• Terrorist detainees must have access to a neutral court to decide if they are legally held

75

Mapp v Ohio

• Established that illegally obtained evidence could not be used in a trial (exclusionary rule)

76

Miranda v Arizona

• Established Miranda rights (rights policy have to read when they arrest you)

77

Burwell v Hobby Lobby

Exemption for "for profit" organization to provide contraception