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47 Cards in this Set
- Front
- Back
Engel v. Vitale 1962
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Does reading a nondenominational prayer at school violate the establishment of religion clause of 1st Amendment? - Yes, traditional prayer type recesitations were eliminated - unconstitutional.
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Abington School District v. Schempp 1963
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Does the requirement of public school students to participate in religious exercises violate religious freedom of students (1st and 14th amendments) - Yes because these Bible readings were religious ceremonies
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Epperson v. Arkansas 1968
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Does a law forbidding the teaching of evolution violate either free speech rights of teachers or the establishment clause? - Yes because the law was based on fundamentalist Christian beliefs. The state cannot prohibit teaching of scientific theory/doctrine where prohibitions are based on 1st amendment.
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Lemon v. Kurtzman 1971
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Does the state's financial support of Church-related education violate the 1st amendment's establishment clause? - Yes because statues must be secular, principal effects must neither advance nor prohibit religion and not entangle government with religion. Established the 3 part test.
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Zelman v. Simmons-Harris 2002
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Does the school voucher program that allows students to attend public/private schools of their choice including religious schools violate the establishment clause? - No because it gives parents the choice and does not endorse a particular kind of school over another. The benefits are based on financial need, true private choice is granted.
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Schenck v. United States 1919
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Are Schenck's actions, words, or expressions to attempt to cause insubordination in the military by circulating fliers against the capitalist system protected by the free speech clause of the 1st amendment? - No. Concept of clear and present danger was formed because wartime statements that are tolerated during peacetime can be punished.
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Gitlow V. New York 1925
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Does the NY law punishing the advocacy of overthrowing the government an unconstitutional violation of free speech clause of 1st amendment? - Yes. No state shall deny 14th amendment due process (incorportaiton cause- freedom of speech to states). States may forbid speech if they result in dangerous action (dangerous tendency test).
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Near v. Minnesota 1931
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Does the MN gag law violate the free press provision of the 1st amendment? - Yes, prior restraint is unconstitutional (injunction). Government cannot sensor publications in advance even if it can be punishable after publication.
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Dennis v. United States 1951
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Did the Smith Act (unlawful to conspire to teach overthrow of US government) violate the 1st amendment? - No because there is a discretion in teaching communist philosophies and active advocacy of their ideas. Clear and Present Danger threat if the policies were advocated.
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Roth v. United States 1957
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Did the federal or CA obscenity restrictions impinge upon the freedom of expression in 1st amendment? - No, obscenity is not constitutionally protected because not every form of expression is protected by the 1st amendment. Test for obscenity established: whether the average person with community standards finds the theme of "prurient interest."
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New York Times v. Sullivan 1964
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Does the AL law concerning libel unconstitutionally infringe on 1st amendment rights of freedom of speech/press by not requiring proof of harm? - 1st amendment protects all statements, even false, except when the statement is made with actual malice and knowledge that it is false.
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Buckley v. Valeo 1976
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Were the limits placed on electoral expenditures by the Federal Election Campaign Act of 1971 a violation of the 1st amendment freedom of speech and association clauses? - No, because they are guardians for true democracy. But candidates themselves have no restrictions because that would violate their free speech.
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Texas v. Johnson 1988
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Is the desecration of the American flag a form of speech protected under the 1st amendment? - Yes because it is expressive conduct with a distinctly political nature. Symbols have more than 1 meaning.
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Schenck v. Pro-Choice Network of Western NY 1997
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Did fixed or floating buffer zones near the entrances of abortion clinics violate 1st amendment rights to freedom of speech? - Fixed buffer zones are constitutional but floating ones are not because they are a great burden on free speech and unsafe. Fixed ones protect government interest in public safety.
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Boy Scouts of America v. Dale
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Does NJ's public accommodations rule violate the Boy Scouts 1st amendment right of expressive isolation to bar homosexuals from serving as troop leaders? - Yes because homosexuality is inconsistent with the values of the Boy Scouts that they are trying to promote.
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Ashcroft v. ACLU 2002
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Is the Child Online Protection Act's requirement that online publishers prevent children from accessing harmful material a violation of the 1st amendment? - Yes because COPA has not been shown effective and restricting content would just encourage publishers to produce more outrageous content.
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De Jonge v. Oregon 1937
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Does OR criminal syndiationlism statute violate the due process clause of the 14th amendment? - Yes, because the rights of speech and peaceful assembly should be granted since the purpose of the meeting is protected. Incorporated the freedom of assembly to states.
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Mapp v. Ohio 1961
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Were confiscated materials protected by the 1st amendment? May evidence from a search violating the 4th amendment be used for criminal proceeding? - All evidence obtained by illegal searches is inadmissible to court. Exclusionary rule - required all illegally obtained evidence to be excluded: incorporated 4th amendment exclusionary rule to states.
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Gideon v. Wainwright 1964
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Is the state's failure to appoint a legal counsel for a person a violation of the rights to a fair trial and due process as protected by 6th and 14th amendments? - Yes, the guarantee of a counsel is a fundamental right and essential to a fair trial.
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Miranda v. Arizona 1966
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Does interrogation of people without notifying them of right to counsel and their protection against self incrimination violate the 5th amendment? - Yes, prosecutors cannot use statements from interrogation unless safeguards against self-incrimination are used. Suspects have the right to remain silent and right to have a legal counsel present at interrogations.
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Gregg v. Georgia 1976
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Is the death sentence prohibited under the 8th and 14th amendments as cruel and unusual punishment? - No, because the trial and sentencing is conducted separately and capital punishment serves as a useful deterent for future capital crimes
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INS v. Lopez 1984
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Do the structures of the 4th amendment and exclusionary rule apply in deporation proceedings? - No because deportations are civil actions and protections to defendatns do not apply. The INS is only required to show identity and alienage proof to meet deportation hearing.
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Atkins v. Virginia 2002
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IS the execution of mentally retarded persons cruel and unusual punishment prohibited by the 8th amendment? - Yes, mentally retarded people are not subject to retribution and deterrence of capital crimes because of incapacity.
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Griswold v. Connecticut 1965
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Does the Constitution protect the right of marital privacy against state restrictions on counseling regarding contraceptives? - Not directly, but the right to privacy is established by the 1st, 3rd, 4th, and 9th amendments.
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Roe v. Wade 1971
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Does the Constitution give a woman the right to terminate her pregnancy by an abortion? - Yes because the right to privacy is protected by the 14th amendment. Woman has control of abortion during 1st trimester. States can interfere in 2nd and 3rd.
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Webster v. Reproductive Health Services 1987
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Did MO restrictions on abortions infringe on right to privacy or equal protection clause of 14th amendment? - No because no concrete restrictions were identified and due process doesn't require states to enter issue of abortion.
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Planned Parenthood v. Casey 1992
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Can a state require women who want an abortion obtain informed consent, wait 24 hours, and get parental consent if minors without violating the right to abortion by Roe v. Wade? - Yes. Only if undue burden is imposed can regulations be invalid.
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Pottawatomie v. Earls 2002
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Is the Student Activities Drug Testing Program (urinanalysis) consistent with the 4th amendment? - Yes because it helps prevent drug use among students and already diminished the expectation of privacy. Test is minimally invasive.
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Lawrence v. Texas 2003
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Do the convictions based on a law forbidding same sex intimate conduct violate the 14th amendment? - Yes, a state cannot intrude onto private life of its citizens.
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Barron v. Baltimore 1833
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Does the 5th amendment deny states and federal government to take private property for public use without just compensation? - 5th amendment is not applicable to states. Whole Bill of Rights only applies to federal government.
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United States v. Nixon 1974
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Is the President's right to safeguard certain information using executive privilege entirely immune from judicial review? - Absolute presidential executive privilege cannot be granted because of separation of powers and general confidentiality.
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United States v. Lopez 1995
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Is the 1990 Gun Free School Zones Act, forbidding people from knowingly carry a gun in school, unconstitutional because it exceeds Congress' power under Commerce Clause?- Yes, it is not economic and has nothing to do with the commerce clause. 1st time the commerce clause limited federal government.
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Clinton v. New York 1998
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Can a President selectively cancel individual portions of bills (Line Item Veto Act)? - No because legislation must either be fully approved or rejected. He does not have the right to amend bills this way.
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Bush v. Gore 2000
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Did FL Supreme Court violate Article II by making a new election law? Do standardless manual recounts violate Equal Protection and Due Process? - Yes, FL recount was unconstitutional because standards differed from ballot to ballot and only the state legislature may make new election laws.
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Plessy v. Ferguson 1896
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Is racial segregation unconstitutional because of infringement on privileges and immunities and equal protection of the 14th amendment? - No because the facilities for whites and blacks can be separate as long as they are equal. Segregation does not constitute unlawful segregation. "Separate but Equal"
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Brown v. Board of Education I 1952
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Does segregation of children in public schools solely on race deprive minority kids of equal protection under 14th amendment? - Yes because inequality exists and racial segregation in schools makes kids feel inferior. Separate but Equal rejected.
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Brown v. Board of Education II 1955
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What means should be used to implement principles in Brown I? - Local solutions much responsibility on local schools and courts. Act with all deliberate speed.
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Baker v. Carr 1961
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Did the Supreme Court have jurisdiction over legislative apportionment? - Yes, violations can be corrected in court because 14th amendment's equal protection issues deserved judicial evaluation of state affairs. Gerrymandering may be adjudicated.
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Wesberry v. Sanders 1964
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Did GA's apportionment violate 14th amendment or deprive citizens of the full benefit of voting? - 1 man - 1 vote. No right is more precious than to have a voice in elections. The apportionment must be corrected because it discriminated against the citizens of the region.
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Swann v. Charlotte Mecklenberg 1970
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Were federal courts constitutionally authorized to oversee and produce remedies for state imposed segregation? - Scope of power of federal district courts were powerful. They could make mathematical quotas, scrutinize all black schools and make noncontinuous attendance zones with bussing to further desegregation.
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Regents of the University of California v. Bakke 1977
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Did U Cali violate 14th amendment equal protection clause because of affirmative action? - Tied. Race can be used as a criteria but other factors had to be involved. Racial quota system is questionable against Civil Rights Act of 1964.
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Shaw v. Reno 1993
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Does the claim that the state of created a racially gerrymandered district raise a valid issue under the 14th amendment equal protection clause? - The resulting district shape was bizarre to suggest the district was based on race. The district court would decide whether gerrymandering was in play.
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Grutter v. Bollinger 2003
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Does U Michigan's law school use of racial preference in student admissions violate equal protection clause? - No because the race is used narrowly in admissions to further compelling interest. It does not harm nonminority applicants.
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Gratz v. Bollinger 2003
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Does U Michigan's use of racial preferences violate equal protection clause or Civil Rights Act of 1964? -Yes because 20 points were awarded to minorities. The policy is not narrowly tailored and violates equal protection.
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Marbury v. Madison 1803
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Is Marbury entitled to his appointment? Is the Supreme Court the right one to jurisdict? - Established the practice of judicial review and that the Constitution was the supreme law of the land. Supreme Court has power to see if legislation abides the Constitution.
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McCulloch v. Maryland 1819
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Did Congress have the authority to establish a band? Could MD law interfere with congressional powers? -States can't tax government institutions and bank can be formed by unenumerated powers not strictly outlined by Constitution.
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Gibbons v. Ogden 1824
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Could NY regulate interstate commerce and exercise its authority over the area? - NY could not because of the supremacy clause. Commerce was defined as navigation on interstate waterways and among several states. Regulation of interstate commerce is reserved to Congress.
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