Mid-Term Flashcards
(102 cards)
Problem: Kids in school were being segregated based on race.
Solution: The Supreme Court held that “separate but equal” facilities are inherently unequal and violate the protections of the Equal Protection Clause of the Fourteenth Amendment.
Brown v. Board of Education of Topeka
Problem: Cooper converted to Islam in prison and claims that he had not received any religious freedom like the Christians.
Solution: The courts ignored him
Cooper v. Pate
Issue: Is the Second Amendment violated by a provision of the D.C, code that bans the possession of functional handguns in the home?
Solution: Yes. The Second Amendment protects an individual’s right to possess a functional handgun in one’s home and to use it for traditionally lawful purposes, regardless of any connection to the militia
District of Columbia v. Heller
Issue: Are slaves people or property
Solution: Portion of the Virginia Compromise was found unconstitutional and in violation of the 5th amendment
Dred Scott v. Sandford
Issue: A New Jersey law authorized reimbursement by local school boards of the costs of transportation to and from schools, including private schools. Violated the First Amendment
Solution: Did not violate the Constitution
Everson v. Board of Education
Issue: Ruled that the black muslim religion was a bonafide religion and prison guards could not deny inmates the right to practice it.
Solution: The District Court ruled that it was the inmates right to practice their religion
Fulwood v. Clemmer
Issue: The Arkansa Department of Corrections grooming policy. Holt was a prating muslim wanted to grow a beard and the policy did not allow him to do so.
Solution: The Supreme Court ruled that the ADC policy on beards violated the religious land use and Institutionalized Personas Act of 2000
Holt v. Hobbs
Issue: A Tennessee prisoner was disciplined for violating a prison regulation which prohibited inmates from assisting other inmates from preparing writs.
Solution: The state may not enforce a regulation which absolutely bars inmates from assisting other inmates
Johnson v. Avery
Issue: Do states that provide state funding for non public, non secular schools violate the establishment clause of the First Amendment?
Solution: the Supreme Court set the statue is unconstitutional under the religion clause of the First Amendment for excessive entanglement of church and state.
Lemon v. Kurtzman
Issue: A supreme court case that established the principle of judicial review in the US meaning that America courts have the power to strike down laws statutes and some government action that violate the Constitution
Solution: The court unanimously decided that the Constitution rules over everything
Marbury v. Madison
Issue: During the American Revolution Virginia created laws allowing the state to seize property from loyalist . The Virginia Supreme Court upheld Virginias’ law.
Solution: in section 25 of the judiciary act which grant the US Supreme Court appellate review over stat court cases involving federal law unconstitutional. The Supreme court ruled it as constitutional
Martin v. Hunter’s Lessees
Issue: Murgia, although in great physical and mental health, was forced to retire at age 50 according to state law.
Solution: The Burger Court held that the law did not violate the equal protection clause the court resigned that the statute was justified as means of protecting the public.
Massachusetts Board of Retirement v. Murgia
Issue: Is the Second Amendment applicable to the states?
Solution: Yes
McDonald v. Chicago
Issue: The Supreme Court had to determine if the Minnesota law restricted the freedom of the press
Solution: The Supreme Court held that gag laws were unconstitutional prior restraints on free speech.
Near v. Minnesota
Issue: Ohio, Michigan, Kentucky, and Tennessee were sued for their bans on same sex marriage
Solution: the 14th amendment requires both marriage licensing and recognition for same sex couples
Obergefell v. Hodges
Issue: Bakke said that racial quotas violated equal protection under the law under the 14th amendment
Solution: The Supreme Court upheld affirmative action allowing race to be one of several factors of college
Regents of the University of California v. Bakke
Issue: First case coming to the Supreme Court about the second amendment and trying to decide of the bill of rights applies to state government.
Solution: the court that the bill of rights did not apply directly to the states
United States v. Cruishank
Issue: The Virginia military institute had a male only admissions policy and the United States felt that it violated the 14th amendment equals protection clause
Solution: the court agreed that the male only admission was unconstitutional
United States v. Virginia
Issue: in 1942 the West Virginia board of education required public schools to include salutes to the flag by teachers and students as a mandatory school activity children in a home of Jehovah witnesses refused and were sent home for non compliance
Solution: the court ruled that compelling school children to salute the flag violates freedom of speech protected by the first amendment.
West Virginia State Board of Education v. Barnette
What is a Constitution?
A constitution is a system of basic laws and principles that establish the nature, functions, and limits of a government or other institution.
What is an amendment?
changes to a constitution or bylaws
Who are the Anti-Federalists?
colonists who opposed a strong federal government
What is a confederation?
a union of independent states, in which each state maintains sovereignty
What is constitutionalism?
a belief in a government in which power is distributed and limited by a system of laws that must be obeyed by those who rule
