Cases Flashcards
Give three Roberts Court cases
1) National federation of Independent Business vs Sibelius 2012
2) Affirmative Action cases
3) DC vs Heller 2008
what happened with the National federation of Independent business vs Sibelius 2012?
Court rules that the individual mandate of the ACA could not be legislated on by congress through the commerce clause, but can be allowed under congress’ power to ‘lay and collect taxes’. this meant that people without health insurance could be fined
What did the court strike down in DC vs Heller 2008?
The DC Firearms control Regulation Act which made firearms be kept disassembled/trigger locked
What was the impact of the DC vs Heller 2008 case?
court asserts that the 2nd amendment is for the individual as well a the collective and is not just for a ‘well regulated militia’
what are the two cases for the 1st amendment, freedom of religion?
1) Lee vs. Weisman 1992
2) Zelman vs Simmons Harris 2002
What was the Lee vs Weisman case 1992?
court rules that prayer at public school graduation ceremonies was unconstitutional
What did the court do in Zelman vs. Simmons Harris 2002?
Court upholds Ohio’s so-called ‘school voucher’ programme as natural in terms of religion as parents still had choice
What are the 3 cases for first amendment, freedom of speech that need to be known?
1) Texas vs Johnson 1989
2) citizens untied vs FEC 2010
3) Snyder vs Phelps 2011
What did the Texas vs Johnson case 1989 rule?
Texan law forbidding to burning of the American flag was declared unconstitutional by the court
What was interesting about the Texas v Johnson case 1989?
Bush senior declared it ‘wrong, dead wrong’
Regardless of implication, what did the court rule in Citizens united vs FEC 2010?
That in terms of political speech and thus making campaign donations, groups shared the same rights as individuals
What did the court do in Snyder vs Phelps 2011?
Court upheld the right for Westboro Baptist church to be protesting at Gay Military funerals
What did the court, in the 8-1 ruling in 2011, see themselves as upholding in Snyder vs Phelps?
Freedom of speech
What are the two cases for the 5th amendment, right to silence?
1) Miranda vs Arizona 1966
2) Dickerson vs USA 200
What did Miranda vs Arizona 1966 do?
Court interprets 5th amendment right to remain silent as extending to when arrested too
What did Dickerson vs USA 2000 do?
Upheld the right of arrested to be read the Miranda Rights
What does the 8th amendment regard?
Cruel and unusual punishment, this related in terms of JR to capital punishment
What are the four cases for capital punishment?
1) Furman vs Georgia 1972
2) Atikins vs Virginia 2002
3) Roper vs simmons 2005
4) Base vs Rees 2008
What was the Furman vs georgia ruling 1972?
The court decides that the death penalty, as then imposed, was ‘cruel and unusual’. This led to the more widespread use of lethal injections and ‘two stage trials’
what happens in the two stage trials that were used as a result of Furman vs georgia 1972?
Where mitigating circumstances are considered before sentencing
What was atkins vs virginia 2002?
Execution of mentally retarded was unconstitutional
What was Roper vs Simmons 2005?
It was unconstitutional to sentence anyone to death for a crime they committed when under 18
What did Baze vs Rees 2008 do?
court rules that lethal injection, a method used by 35 states and federal government, is not cruel nor unusual
What amendment do the Affirmative Action cases concern?
14 th amendment regarding minority rights
What ruling overturned Furman vs Georgia?
Gregg vs Georgia
What are the theme cases for 14th amendment abortion rights?
1) roe vs wade 1973
2) Planned parenthood of SE pennsylvania vs Casey 1992
3) Gonzales vs Cahart 2007
What did the court do in roe vs wade 1973?
Struck down a state law in texas forbidding abortion
What did the court do in Planned parenthood of SE pennsylvania vs Casey 1992?
Upheld state law that required married women seeking an abortion to receive concealing on the risks and alternatives and wait 24 hours after this before having the abortion. Women under 18 had to have parental consent.
What did the court strike down in Planned parenthood of SE pennsylvania vs Casey 1992?
The provision of the act that required married women to notify their spouse before an action
What happened in Gonzales vs Cahart 2007?
Court upheld a partial brith abortion ban act passed by Congress in 2003
What are the three cases which represent checks on presidential power?
1) USA vs Nixon 1974
2) Clinton s Paul Corbin Jones 1997
3) Hamdom vs Rumsfeld 2006
What happened with USA vs Nixon 1974?
The court declared Nixon’s refusal to hand over whitehouse tapes to be unconstitutional
What happened with Clinton s Paul Corbin Jones 1997?
Court declares clinton’s claim of immunity to prosecution in a sexual harassment case to be unconstitutional
What happened with Hamdom vs Rumsfeld 2006?
Court declared military commissions set up by Bush to try guantanamo suspects to be unconstitutional
What are the two cases which are checks on congressional power?
1) US vs Lopez 1995
2) National Federation of Independent Business vs Sibelius 2012
What happened in US vs Lopez 1995?
Court declared unconstitutional the 1990 Gun-Free school zones act, stating that congress had exceeded its power in article one, section 8 of the constitution
What was the impact of US vs Lopez 1995?
The impact of this case was clear limits for the scope for the federal government power over state and local jurisdictions
