Cases on Civil Rights within Constitution Flashcards

1
Q

Burwell v Hobby Lobby Stores 2014

First Amendment.

A

Wanted to repeal parts of the ACA based on religious reasons due to contraception based on Religious Freedom Restoration Act 1933.

Shows political activism as SCOTUS ruled in favor of repealing parts of the ACA.

This limits the power of congress as it struck down federal law as well limit Obama’s Mandate

This removed policy as it struck down parts of the ACA as it did infringe on religious grounds therefore the constitution.

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2
Q

Snyder v Phelps 2011

First amendment

A

Snyder father sued the West Baptist Church for deformation after they picketed his son’s funeral over him being raised catholic.

This shows political restraint as the ruling was 8-1 which shows almost unanimous decision.

No limit on other branches

Upholding the first amendment and provided clarity.

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3
Q

Citizens United v FEC 2010 and McCutcheon v FEC 2014

First amendment

A

Corporations and Interest Groups are protected by the 1st amendment and made way for super PACs in campaign finance.
McCutchen removed the limit to the number of donations.

This shows the court is activist in their decision as the final rule was 5-4 conservatives.

Limited the wishes of the president and struck down federal law

Removed federal law passed by a elected congress and ruled against the presidents wishes, exercising judicial review.

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4
Q

Carson v Makin 2022

First amendment

A

Case centred around limits of school vouchers by the state which disallowed them for religious private schools.

Shows political activism as the ruling was 6-3 with the minority arguing separation of state and government.

Limited federalism and state rights as it limited Maines ability to legislate in education

It removed policy and limited federalism.

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5
Q

Kennedy v Bremerton School District 2022

First Amendment

A

Case was about Joseph Kennedy and how his contract wasn’t renewed over him and his players praying on the field.

Shows political activism as the 6-3 rolling followed by the decision to over turn lower courts shows activism.

The ruling limited the power of the state as the school districts follow under the purview of the state through education.

Removed the desicion made by the lower court and said the school board acted improper when they failed to renew the contract.

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6
Q

Creative LLC v Elenis 2023

First Amendment

A

A graphic designer wanted to expand but didn’t want to advertise for same sex couples, Colorado said this was illegal but First amendment takes priority.

Shows political activism as the ruling was split 6-3 in favour of the constitution.

This limited state rights and therefore federalism and constitution is sovereign not state law.

Removed the the consumer law passed by Colorado and highlighted where sovereignty lies.

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7
Q

DC v Heller 2008

2nd Amendment

A

The second amendment guarantees an individuals right to possess firearms in a state militia. Case over the wording over ‘the people.’

Activism as there was a 5-4 ruling

Did not limit state/federal/presiding power.

This upheld the constitution and its interpretation.

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8
Q

McDonald v Chicago 2010

2nd Amendment

A

Court ruled that right to bare arms is protected by the second amendment and can not be infringed by state or local governments .

5-4 ruling shows activism by the court towards the second amendment.

14th amendment and 2nd amendment restricted some states rights and therefore federalism.

Upheld policy as it upheld DC v Heller and the constitution.

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9
Q

New York State Rifle & Pistol Association v Bruen 2022

2nd Amendment

A

Right to carry concealed and right for loaded handguns in public.

Shows activism as a 6-3 ruling

Limited congress as well as state law

Removed policy set under Bidens bipartisanship gun control and New York State law

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10
Q

Carpenter v US 2018

Fourth Amendment

A

Provided clarity around the 4th amendment and the right to privacy and obtaining phone data.

No limitation on rights as all it did was provided legal clarity.

This created new policy to ensure clarity was met

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11
Q

Miranda v Arizona 1966

Fifth Amendment

A

Confused to rape unaware he had the right to remain silent

Shows political activism as the court ruled 5-4 that his rights weren’t fulfilled and ingrained his right to remain silent

Did not hinder state or federal rights.

Created new policy of reciting rights upon arrest to protect individuals.

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12
Q

Salinas v Texas 2013

Fifth amendment

A

Was questioned and when asked about if the shotgun shell casing matched Salinas stayed silent and they used this as guilt

Showed activism as the ruling was 5-4 towards conservatives.

Did not limit state rights but did limit individual rights and weakened the Miranda rights.

Removed and weakened individual rights.

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13
Q

Buckley v Precythe 2019

Eight Amendment

A

Buckley argued that the death penalty was too painful to him to endure and he was entitled to cruelty free form of the death penalty.

Activism as the ruling was 5-4 and he was executed.

No limit to state rights.

Policy regarding the death penalty was upheld so Buckley was executed.

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14
Q

Dobbs v Jackson 2022

Fourteenth Amendment

A

Overturned Roe V Wade and Planned Parenthood v Casey. Returned abortion rights back to the states and did not protect the rights to abortion federally.

Did not uphold state rights and further enhanced federalism. It did limit presidents mandate as he was firmly against it.

This removed policy passed by previous SCOTUS rulings and enhanced federalism.

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15
Q

Obergefell v Hodges 2015

14th amendment

A

Established same sex marriage through 14th amendment, an example of quasi legislative body.

It shows political activism as the 5-4 ruling with swing vote loose constructionism

Yes to a limited extent it could be argued to erode state rights

This created new policy and allow same sex marriage.

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16
Q

Shelby County v Holder 2013

15th amendment

A

Voting rights act required certain areas to require federal pre clearance before making new choices. The formula used was to determine based on discrimination in voting.

Showed political activism as the court ruled 5-4 and stated that history of 14th and 15th amendment wasn’t enough.

This means they created new policy as it paved the way for states right to require voter id, but did uphold the section 5 requiring pre clearance but did remove section 4

17
Q

Allen v Milligan 2023

15th Amendment

A

Alabama accused of of gerrymandering as they were left with 1 majority black district. Accused of splitting the black vote. SC found that the redirecting was likely illegal.

Shows political activism as the ruling was 5-4 with Robert’s and Kavanagh joining the 2 loose constructionist judges.

Limited federalism as they ruled against Alabama and there redistricting.

The desicion drew in previous cases establishing precedent and required a second majority black district.