Chapter 2 Flashcards
How does the constitution divide power between Federal and State level
10th Amendment Reserved Powers Clause
-gives powers not specified to Fed. Gov’t to States
What was the system of Government in place for the Colonies originally and how long did it work?
- Virginia House of Burgesses
- 140 years
- Gave colonies Self-Governing power
Why did the Virginia House of Burgesses begin to fail?
- French and Indian War costly (1756-1763)
- British Tax colonies
Original series of Taxes British imposed on colonies?
Sugar Act of 1764 -wine, coffee, sugar Stamp Act of 1765 -all paper goods Quartening Act -colonists had to pay for troops living in their house
How did Sons of Liberty respond to British’s Sugar Act of 1764, Stamp Act of 1765, and Quartering Act?
- Burned British Governor’s home
- threatened British Tax Agents
Boston Massacre?
- colonial mob taunts British soldiers
- 5 colonists killed
British Response to Boston Massacre?
- lifted taxes
- kept tax on tea
King George’s response to Boston Tea Party?
Coercive Act -named Intolerable Acts by colonists Sent 4,000 more troops to U.S. Naval Blockade on Boston Harbor -economic burden on Boston
When did the Revolutionary War begin? Shot heard around the World?
April 19, 1775
-Lexington and Concord Massachusetts
Common Sense author? What did it say?
- argued against peace with British
- Thomas Paine
Date that Independence was agreed upon and passed?
(this was done during Second Continental Congress)
June 7, 1776
Richard Henry Lee of Virginia enters resolution
July 4, 1776
Declaration of Independence passed as Thomas Jefferson as author
What was the Chaotic Period?
1781 to 1789 of Articles of Confederation
- govt couldn’t tax
- trade barrier among states
- govt couldn’t finance military
Constitutional Convention?
- Articles replaced with Constitution
- led by George Washington
- High educated attendees with diverse views
Who showed up to the Constitutional Convention? What was the date? Where was it?
- 55 representatives from 12 states (Rhode Island no show)
- May 25, 1787
- Annapolis Maryland
Debate during the Constitutional Convention?
Virginia Plan v.s. New Jersey Plan
Differences between Virginia Plan and New Jersey Plan?
Virginia Plan -James Madision -favored large states -3 branches of government New Jersey Plan -favored small states -wanted to fix articles -one House, one vote per state
Connecticut Compromise
Great Compromise between Virginia Plan and New Jersey Plan
Author of Constitution? When was it adopted by Delegates of the states?
James Madison
September 17, 1787
Ratification of U.S. Constitution?
- 9/13 states
- New Hampshire 9th state to ratify
- Virginia and New York didn’t ratify (40% of Population)
Which state called for Bill of Rights upon ratification of the U.S. constitution?
Massachusetts
What two things did the Bill of Rights guarantee?
Person Rights
States Rights
Immigration and Naturalization Service v. Chadha
- showcase of Separation of Powers
- President and Congress pass law
-law gives Administrative agency powers to make laws
-law gave Senate OR House veto power (not president)
over administration
-Supreme Court declares unconstitutional
Youngstown Steel & Tube Co. v. Sawyer
-showcase of Checks and Balances
- Union notifies on Intent to Strike
- President Truman issues executive order to continue operations
-Supreme Court rules Executive Order was not his constitutional powers
3 important areas of Constitution for Regulation of Business
- Supremacy Clause
- Necessary and Proper Clause
- Commerce Clause
All part of the Enumerated Powers (Article 1 section 8)
Gibbons v. Ogden
- expanded Commerce Clause
- New York and New Jersey steamboat rights over Hudson
- Chief Justice John Marshall
- Distinguishmentt of Intrastate and Interstate
NLRB v. Jones and Laughlin Steel Corp
- expanded Commerce Clause
- Jones and Laughlin say NLRB can’t regulate them
- Internstate Commerce because company actions affect other states
Wickard v. Filburn
- small farmer grows and consumes own crops
- does not sell them
- Supreme Court says it’s interstate commerce
- if other farmers followed his way… would have “aggregate effect”
McLain v. Real Estate Board of New Orleans
- Expanded Commerce Clause
- says internstate commerce can be purley local
- if it affects other states
Case that expanded Necessary and Proper Clause?
- McCulloh v. Marylan
- Necessary and Proper Clause v. Reserved Powers Clause
- Supreme Court says Necessary and Proper Clause gives them right to operate tax free
3 other words for Necessary and Proper Clause?
Implied Powers Clause
Inherent Powers Clause
Elastic Clause
Plessy v. Ferguson
-Separate but Equal Doctrine
What case opened up Jim Crow laws to Texas being allowed?
Plessy v. Ferguson
-Texas White
What case decided that allowing only White’s to vote in the Primary Election was unconstitutional under due to the Commerce Clause?
Smith v. Allwright
What case ended the Separate but Equal Doctrine? A defining moment in the Civil Rights Movement
Brown v. Board of Education
Following the Civil Rights Act of 1964, what two cases came about because businesses were not following the law?
Katzenbach v. McLung (Ollie’s BBQ)
Heart of Atlanta Motel v. United States
Heart of Atlanta Motel v. United States
- white only signs
- involved in interstate commerce
- outside travelers
- Federal Government could regulate
Katzenbach v. McLung
- didn’t serve blacks inside
- bought food from supplier involved in interstate commerce
- Ollies BBQ involved in interstate commerce
- used logic of Wickard v. Filburn
First case to limit the Interstate Commerce Clause?
United States v. Lopez
United States v. Lopez
- had gun on school property
- prosecuted under Fed. Law not Texas
- Didn’t violate interstate congress so went free
- didn’t exactly limit commerce clause.. just said it couldn’t regulate non-business activities
Case that followed United States v. Lopez trend of limiting Commerce Clause?
Printz v. United States
Printz v. United States
- Brady Handgun Violence Prevention Act
- said gov. couldn’t force states to background check gun purchasers
- background checks weren’t constitutional under Commerce Clause or Necessary and Proper Clause
Case that followed trends of Printz v. United States and United States v. Lopez in limiting Commerce clause
United States v. Morrison
-said Violence Against Women Act exceeded Congressional authority
Gonzales v. Raich
- medical marijuana California
- affected commerce Clause under “rationale basis”
- distinguishes Lopez and Morrison case
Two cases that displayed the Supremacy Clause is exercised on a case by case basis?
- Hughes v. Oklahoma
- Maine v. Taylor
both violated Commerce clause with Fishing Bait laws
Maine’s law allowed to KEEP
Contracts Clause
- says State can’t pass law impairing contracts of Business
- Rarely used
Two cases that helped businesses under Contracts Clause?
- United States Trust Company of New York v. New Jersey (bonds)
- Allied Structural Steel v. Spannaus (pension funds)
Barron v. Baltimore
- dirt dumped on Barron’s harbor
- Barron wants “just compensation” from state under 5th Amendment
- Court Rules Bill of Rights applies only to Federal Gov.
What did Doctrine of Incorporation do?
- Applied Bill of Rights to States too
- with 14th Amendment
First case to support Doctrine of Incorporation?
Gitlow v. New York
Gitlow v. New York
- printed manifesto urging workers to overthrow government
- made 1st Amendment apply to both Federal and State Gov.
District of Columbia v. Heller and McDonald v. City of Chicago?
- made 2nd amendment apply to states under Bill of Rights
- said gun laws prohibiting gun ownership were unconstitutional
Schneck v. United States
- shouted fire in movie theater
- incited false danger
- congress limited free speech
Governments approach to free speech?
- “balances interests”
- limits speech when other values more important
New York Times v. United States
- Supreme court allows publication
- stolen Pentagon Papers
Two cases that supported Government not being able to limit censorship
- New York Times v. United States
- Nebraska Press Associate v. Stewart
Two cases that involved Symbolic speech
- Stromberg v. California
- Morse v. Fredrick
Stromberg v. California
- man arrested for his communist flag
- conviction was overruled
- symbolic speech
Morse v. Fredrick
- banner at school “Bong Hits 4 Jesus”
- symbolic speech limited because it was “sophomoric”
- defined limits on Symbolic Speech
Virginia v. Black
- Barry Black Klu Klux Clan leader
- burns cross for Racial intimidation
- conviction stood
- limits on hate speech
Two cases that involved Obscenity (Pornography)
- Roth v. United States
- Miller v. California
Chaplinksky v. New Hampshire
- said speech to Inflict Injury was prohibited
- Fighting Words are limited speech
Solomon Amendment
- schools will loose funding if deny military recruiters access to students
- limit schools Free Speech?
Rumsfeld v. Forum for Academic and Institutional
- forced schools to require equal access to military recruiters for students
- Supreme Court said did not limit schools free speech
Garcetti el al v. Ceballos
- Public Employee Speech
- Employer can limit official duties/responsibilities speech
- Established Public vs Private speech
What cases originally prohibited commercial speech?
Valentine vs. Chrestensen
Virginia State Board of Pharmacy v. Virginia Consumer Council
- overruled Valentine v. Chrestensen
- commercial speech(advertising) allowed
- only if purely economical
What is the part 4 test of free speech? What case established it?
- is speech legal
- Is government interest substantial
- Does the regulation directly advance the asserted governmental interest
- Is the restriction more extensive than is necessary to protect state’s rights
Central Hudson Gas and Electric Corp. v. Public Service Commission of New York
Governments opinion on Corporate political speech?
- allows for it
- is more limited however
- individual speech less limited
First National Bank of Boston v. Bellotti
- Massachusetts’s law prevented corporate speech
- Supreme court overruled Massachusetts’s statue
Austin v. Michigan Chamber of Commerce
- limited corporate speech
- DIDN’T allow to use corporate funds to finance politician’s campaigns
Board of Regents of the University of Wisconsin v. Southworth
- student sued
- school fees distributed to organizations without his permission
- Supreme court rules in favor of University
Citizen’s United v. Federal Election Commission
- changes everything about corporate speech
- allows corporations to fund political campaigns
- requires they have to announce that they do it
- overrules bipartisian Campaign Reform Act of 2002 (BCRA)
- overrules McConnel v. Federal Election Commission
- overrules Austin v. Chamber of Commerce
Michell v. Helms
- dealt with Establishment Clause
- government funds school for religious books
- Supreme court allows
Zelman v. Simmons-Harris
- dealt with Establishment clause
- Supreme court allows gov donations to send kids to private religious schools
County of Allegheny v. American Civil Liberties Union, Greater Pittsburg
- Sued over establishmet Clause
- Gov. displayed Catholic angel holding religious banner
- Angel was next to menorah (jewish decoration)
- Supreme court says did not violate establishment clause
- didn’t show preference of one religion
Difference between Van Orden v. Perry and McCreary Country, Kentucky, et al. v. American Civil Liberties Union of Kentucky 545 U.S.
BOTH cases deal with Establishment clause
Van Orden v. Perry
- government allows religious monument
- religious monument amongst diff. religious monuments
Country, Kentucky, et al. v. American Civil Liberties Union of Kentucky 545 U.S.
- nine framed religious documents supporting christianity
- Supreme Court overruled
- showed favoritism to one religion
What did Thomas Jefferson think about separation of Church and State?
- wanted government to stay away from religion completely
- never followed/never been the standard
Current Standard on Employee rights regarding religon
- Employers have to make accommodations toward employee’s religion
- only if doesn’t present UNDUE HARDSHIP on business operations
Employment Division, Department of Human Resources of the State of Oregon v. Smith
- Limits Free exercise Clause
- establish Case by case assessment on religious freedoms
- employees ingest illegal drug for religious holiday
- supreme court orders Employers to fire people for illegal drugs
Religious Freedom Restoration Act of 1993 (RFRA)
-in response to Employment Divison, Department of Human Resources of the State of Oregon v. Smith
- says government cannot limit Free Exercise Clause
- unless it has compelling gov. interest (fundamental rights)
Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal (UDV)
- gov seizes church shipment of illegal hoasca
- hoasca used for religion but illegal under Controlled Substances Act
- Supreme Court rules in favor church
- said Gov had not displayed “compelling government interest” under RERA act
- Controlled Substances Act had exception for Peyote… why not Hoasca?
4 exceptions to Illegal Search and Seizure under 4th Amendment
- can search persons body or area ‘within reach’ of arrested person
- can search if officer have individuals consent
- can search if have “reasonable suspicion”
- can search if area is in plain view of officer
Open Fields Doctrine
- said police can violate Trespassing law to search open field
- said owner expecting privacy in an open field is dumb
2 things that can happen if you refuse a drug test (alcohol test)when pulled over
- lose right to drive
- forced to test if warrant is obtained
Supreme Courts opinion on 4th Amendment with Automobile Searches?
Public Interest usually beats police interest
Brigham City v. Stuart
- limited 4th amendment
- says officer can enter home without warrant
- if belief person is seriously injured
-Hells on Wheels BRIGHAM Young hurt Cullon Bohannon
Hudson v. Michigan
- limited 4th amendment
- police don’t have to knock first before entering your house
- because you might hid drugs or destroy evidence
-George Hudson and Romana Hudson were hiding drugs from Michigan State football coach and he didn’t knock first
Georgia v. Randolph
- limited 4th amendment
- police can search without warrant
- if roommate or co-occupant allows for it
-Rudolph the RedNose reindeer told police they could search Santa’s Slay and no Christmas happend
Illinois vs. Rodrigiguez
- expanded 4th amendment
- says police can’t search if one co-occupant allows search and other does not
- both co-occupants have to consent to search
-Benny the Jet Rodriguez saves Scotty Smalls from police finding his illegal pornos when Scotty Smalls consented the search
Exclusionary Rule? Exclusionary with Businesses
- evidence seized illegally doesn’t count in court
- businesses not as protected as individuals under Exclusionary Rule
Search Warrant with businesses
- is an Administrative warrant
- administrative warrant very easily obtained (less than probable cause
-liquor stores, guns stores, Food Industry stores, meat packing stores can be searched anytime without a Warrant
Kelo v. City of New London
- Eminent domain
- gov. took 90 acres of land for “public use”
- Supreme Court rules in favor of gov.
- defined “public use” as a broad term
- said States could pass Statues to not make “public use” as broad of term
- Texas did this
Equal Protection under 14th Amendment?
- says gov has to enforce law equally to each person
- if not, must have rationale basis for not
Ex: 18 year olds can’t drink but 21 year olds can drink
Skinner v. Oklahoma
- 14th amendment Equal Protections Clause
- law said criminal had to be sterilized for Grand Larceny but not Embezzlement
- Supreme court overruled law
- No logical bases for requiring sterilization for one crime but not the other
Metropolitan Life Insurance Co. V. Ward
- 14th amendment Equal Protection Clause
- Alabama law taxes non-resident corporations
- does not tax local companies
- Supreme Court overrules
- said government couldn’t show favoritism because not “legitimate state purpose”
Supreme Court Three-tier sliding Scale or 3 Prong Test on 14th Amendment Equal Protection
Government can ONLY treat people differently on ___ if they have a ___
Social or Economic issues
- rationale basis
- 21 yr. old drinking age
Gender or Legitimacy issues
-Substantial Government interest
Fundamental Rights or Suspect Classification issues
-Compelling government interest
Is Right to Privacy in the constitution?
No, established by Griswold v. Connecticut
Griswold v. Connecticut
- Establishes Right to Privacy
- Connecticut law prevents birth control
- Supreme Court overrules Statue
- Bedroom stuff in privacy of own home is between them and them only
Roe v. Wade
- Makes abortion Legal
- Texas law preventing abortions
- Prosecutor in case was Henry Wade the Dallas County District Attorney
- Supreme Court said that was women’s right to privacy
*Georges friend Wade got his GF pregnant while playing Fortnite and she tried to have an abortion
Lawrence v. Texas
- Right to Privacy
- Texas law forbidding gay sex
- Supreme Court says gay people can have sex
