Cases & legislation Flashcards by Sandra Arjona

Established national supremacy; established implied powers; use of elastic clause; state unable to tax fed institutions; John Marshall; “ the power to tax involves the power to destroy”

McCulloch v. Maryland

1819

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Established judicial review; “midnight judges;” John Marshall; power of the Supreme Court.

Marbury v. Madison

1803

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Established “separate but equal”

Plessy v. Ferguson

1896

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Oliver Wendell Holmes; clear and present danger test; shouting “fire” in crowded theater; limits on speech, especially during war time

Schenck v. U. S.

1919

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Established precedent of federal using Bill of Rights ( applying them to the states); states cannot deny freedom of speech- protected through due process clause of 14th amendment

Gitlow v. New York

1925

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Provided test for determining which parts of the Bill of Rights should be federalized- those which implicitly or explicitly necessary for liberty to exist

Palko v. Connecticut

1937

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Tax money can be used for transportation to private schools. Court upheld NJ policy of reimbursing parents of catholic school students for costs of busing their children to school

Everson v. Board of Education

1947

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School segregation unconstitutional; segregation psychologically damaging to blacks; over turned separate but equal; used 14th amendment; judicial activism of warren court; unanimous decision

Brown v. Board, 1st

1954

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Ordered schools to desegregate “with all due and deliberate speed”

Brown v. Board, 2nd

1955

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Established exclusionary rule- illegally obtained evidence cannot be used in court

Mapp v. Ohio

1961

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Prohibited state sponsored recitation of prayer in public schools by virtue of the 1st amendment’s establishment clause and the 14th amendment’s due process

Engle v. Vitale

1962

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“One man one vote” ordered state legislative districts to be as near equal in population as possible

Baker v. Carr

1962

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Prohibited devotional bible reading in public schools by virtue of establishment clause and due process clause

Abbington v. Schempp

1963

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Provide lawyers to those who can’t afford them in criminal proceedings

Gideon v. Wainright

1963

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Ordered HOUSE districts to be as near equal in population

Wesberry v. Sanders

1963

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Right to privacy through 4th and 9th set precedent for Roe v. Wade

Griswald v. Connecticut

1965

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Miranda rights warning of counsel and silence

Miranda v. Arizona

1966

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Established 3 part test to determine if establishment clause is violated: non secular purpose, advances/ inhibits religion, excessive entanglement with government

Lemon v. Kurtzman

1971

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Miller test; test obscenity; obscene if it lacks serious literary, artistic, political or scientific value

Miller v. California

1973

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Established national abortion guidelines; inferred from Griswald v. Connecticut right to privacy

Roe v. Wade

1973

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Watergate; allowed executive privilege but not in criminal cases; president not above law

U.S. v. Nixon

1974

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1st amendment protects campaign spending; legislature can limit contributions but not how much one spends of his own money on campaigns

Buckley v. Valeo

1976

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Race can only be ONE factor in admission decision; strict quotas unconstitutional

U.C. Regents v. Bakke

1978

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More leeway for states to regulate abortion though not overturning Roe v. Wade; upheld states rights to regulate

Webster v. Reproductive health services

1987

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Struck down Texas law banning flag burning; protected symbolic speech

Texas v. Johnson | 1989

States can regulate abortion but not with regulations that impose "undue burden" upon women; 24 hr waiting period; parental consent for minors

Planned parenthood v. Casey | 1992

No racial gerrymandering; majority minority districts; race cannot dictate the redrawing if district lines

Shaw v. Reno | 1993

un free school zone act exceeded Congress's authority to regulate interstate commerce

U.S. v. Lopez | (1995)G

Banned presidential use if line item veto

Clinton v. New York | 1998

Used 14th amendment's equal protection clause to stop Florida recount in the election of 2000

Bush v. Gore | 2000

Public money can be used to send disadvantaged children to religious schools in tuition voucher programs

Zelman v. Simmons- Harris | 2002

Struck down a federal ban on "virtual" child pornography

Ashcroft v. ACLU | 2002

Using right of privacy, struck down Texas law banning sodomy-(anal/oral sex)

Lawrence v. Texas | 2003

Struck down use of "bonus points" for race in undergrad admissions at the University if Michigan

Gratz v. Bollinger | 2003

Allowed the use of race as a general factor in law school admissions at University of Michigan

Grutter v. Bollinger | 2003

Eminent domain case: local government may force the scale of private property and make way for private economic development when officials decide it would benefit the public

Kelo v. City of new London | 2005

Held that Pres. George W.Bush did not have the authority to set up the war crimes tribunals and finding the special military commissions is illegal under both military Justice Law and the Geneva conventions. First time Geneva Convention upheld by court. Led to the military commissions act of 2006

Hamdan v. Rumsfeld | 2006

New haven firefighters case; employers cannot discriminate against white candidates by not certifying promotion tests just because they fear lawsuits since not enough minorities were candidates for promotion

Ricci v. DeStefano | 2009

Holding that corporate funding of independent political broadcasts in candidate elections cannot be limited because of the First Amendment. Corporations and unions can broadcast "electioneering communications."

Citizens United v. Federal Election Committee | 2010

Limits political activities of civil-service employees

Hatch act | 1939

Title II bans discrimination in public places on basis of race, color, national origin, or religion. Title VII prohibits employment discrimination on the basis of all of the above plus sex allows employers to give racial preferences in hiring, and allows class-action lawsuits.

Civil rights act | 1964

Suspended literacy tests; prohibits states from changing voting procedures without federal permission; and empowered federal officials to do the following: register voters, ensure citizens could vote, and count ballots

Voting rights act | 1965

Bans age discrimination for jobs unless age is related to job performance

Age discrimination in employment act | 1967

Established emissions standards for cars and factories. Established minimum standards for states.

Air-quality act (1967) and various clean air asks (1960s-1990s)

Created the FEC; requires disclosure of contributions and expenditures; provided limitations on contributions and presidential expenditures; and provided subsidies for presidential candidates

Federal election campaign Acts | 1971-1974

Prohibited gender discrimination in federally subsidized education programs

Title IV of education act | 1972

Pres. could send troops overseas to an area where hostilities were eminent only if: Congress is notified within 48 hours; he withdraws troops between 60-90 days; he consults with Congress if troops were to engage in combat. Congress can pass a resolution to withdraw troops at any time.

Wars Powers Act | 1973

Allows public access to non-classified government documents

Freedom of information act | 1974

Established Congressional budget committees; established CBO; extended budget process by three months, allows either house to override temporary impoundment (deferral); and automatically void permanent empowerment (recission) unless both houses approved within 45 days

Budget and impoundment control Act | 1974

Set gradual budget reduction targets to lead to a balanced budget. Across-the-board budget cuts (sequestering of funds) to kick in if targets not met. Too many loopholes and abandoned in late 80s

Gramm- Rudman- Hollings Bill | (1985)

Bans job discrimination against the disabled if "reasonable accommodations can be made." Requires access to facilities for the handicapped. Example of unfunded mandate by the federal government.

Americans with disabilities act | 1990

Requires states to allow people to register to vote when applying for drivers licenses applications or completing license renewal forms

National voter registration bill ("Motor voter act.") | 1993

Restored compelling purpose guidelines for courts to use when states restrict religious liberty. Struck down by supreme court in Boerne v. Flores.

Religious freedom restoration act (1993)

Requires CBO to analyze impact of unfunded mandates on states. Requires separate congressional vote on bills that impose unfunded mandates.

Unfunded mandates reform act (1995)

Ended the federal entitlement status of welfare. In its place, federal government gave block grants to states to administer welfare. "Strings"attached to these grants: recipients must work within two years and recipient cannot receive benefits for more than five years

Personal responsibility and work opportunity reconciliation act ("Welfare reform act") (1996)

Prohibited circulation of, indecent, material on Internet to minors. Struck down by the Supreme Court in Reno v. ACLU

Communications decency act | 1997

States must adopt education accountability standards; states must annually test students; and sanctions against schools that fail to meet adequate yearly progress.

No Child left behind act | 2001

Strengthens the federal government's power to conduct surveillance, perform searches, and Detain individuals in order to combat terrorism

USA patriot act | (2001)

Raised Hard money limits to $2000 and banned soft money contributions to national political parties

Campaign-finance reform act ,"McCain- Feigngold bill" | 2002

This act was to reform the private health insurance market, provide better coverage for those with pre-existing conditions, improve prescription drug coverage in Medicare and extend the life of the Medicare trust fund. Amended by the healthcare and education reconciliation act of 2010. Mandate passed constitutional muster in sebelius case in 2012

Patient protection and affordable care act ("Obamacare") (2010)

To authorize trial by military commission for violations of the law of war, and for other purposes. In response to Hamdan v. Rumsfeld. Amended in 2009 to restrict coerced and hearsay evidence and provide greater defense counsel resources.

Military commissions act | 2006