Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Con Law 2 > Con Law > Flashcards

Con Law Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What was the original application of the Bill of Rights?

A

The Bill of Rights originally limited only the federal government; states largely retained authority over individual rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What significant amendments were introduced after the Civil War to prevent state oppression?

A

The 13th, 14th, and 15th Amendments aimed at preventing state oppression of newly freed slaves and others.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What does the 14th Amendment’s Due Process Clause state?

A

No State shall deprive any person of life, liberty, or property, without due process of law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What was the outcome of the Slaughter-House Cases (1873)?

A

The cases undermined the argument that the 14th Amendment’s Privileges or Immunities Clause would incorporate all Bill of Rights provisions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What test was introduced in Palko v. Connecticut (1937)?

A

Only those rights ‘implicit in the concept of ordered liberty’ and ‘rooted in the traditions and conscience of our people’ would be protected against the states.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What was the significance of Adamson v. California (1947)?

A

The Court refused total incorporation of the Fifth Amendment privilege against self-incrimination.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What did Justice Black argue in Adamson v. California?

A

He argued for total incorporation of all Bill of Rights guarantees.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the ‘jot-for-jot’ application in the context of incorporated rights?

A

Once incorporated, the right applies to states identically as it does to the federal government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What led to the emergence of a constitutional right to privacy?

A

The 14th Amendment’s concept of ‘liberty’ expanded to include substantive protection for intimate personal decisions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What was the ruling in Griswold v. Connecticut (1965)?

A

Invalidated a state law banning contraception for married couples, recognizing a ‘zone of privacy’.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What did Eisenstadt v. Baird (1972) establish regarding contraception?

A

Extended contraception rights to unmarried individuals, emphasizing individual privacy.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What was the central holding of Roe v. Wade (1973)?

A

A woman’s decision whether to terminate a pregnancy before viability falls within the right to privacy.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What standard did Planned Parenthood v. Casey (1992) introduce?

A

The undue burden standard for state regulations on pre-viability abortion.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What did Whole Woman’s Health v. Hellerstedt (2016) reinforce?

A

Courts must weigh the health benefits of abortion restrictions against their burdens on access.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the rationale for reproductive freedom based on?

A

Autonomy, bodily integrity, equality, and the role of intimate decisions in shaping a person’s destiny.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What did Cruzan v. Director, Missouri Department of Health (1990) recognize?

A

A competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What was the outcome of Washington v. Glucksberg (1997)?

A

The Court rejected a claimed fundamental right to physician-assisted suicide.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What does the right to die encompass?

A

The right to refuse life-sustaining treatment but does not extend to physician-assisted suicide.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What did Lawrence v. Texas (2003) overrule?

A

Bowers v. Hardwick, striking down laws criminalizing consensual same-sex sexual conduct.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What did Loving v. Virginia (1967) declare about marriage?

A

Marriage is a fundamental right, central to personal autonomy and the pursuit of happiness.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the significance of Wisconsin v. Yoder (1972)?

A

Exempted Amish parents from compulsory high school attendance laws, respecting parental control.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What did Moore v. City of East Cleveland (1977) protect?

A

Extended family living arrangements, recognizing the importance of family bonds.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the constitutional basis for the right to travel?

A

Related to national citizenship and protected by Equal Protection and Due Process principles.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What was the ruling in Shapiro v. Thompson (1969)?

A

Struck down residency requirements for welfare benefits that penalized people moving from another state.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What did District of Columbia v. Heller (2008) interpret?

A

The Second Amendment as protecting an individual right to possess firearms for self-defense.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What was the outcome of McDonald v. City of Chicago (2010)?

A

Incorporated the Second Amendment against the states through the 14th Amendment’s Due Process Clause.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What does procedural due process ensure?

A

Fair procedures before the government deprives a person of life, liberty, or property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What interests are protected under procedural due process?

A

Life, liberty, or property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What does due process ensure?

A

Fair procedures before the government deprives a person of life, liberty, or property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is the difference between due process and substantive due process?

A

Due process ensures fair procedures; substantive due process limits government power over certain rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What must a claimant show to identify a protected interest?

A

A deprivation of a protected interest, such as life, liberty, or property.

32
Q

In Board of Regents v. Roth (1972), how is property interest defined?

A

More than a unilateral expectation; it must be a legitimate claim of entitlement under state law.

33
Q

What was established in Perry v. Sindermann (1972)?

A

A de facto tenure program can create a property interest in continued employment.

34
Q

What did Cleveland Board of Education v. Loudermill (1985) state regarding property interest?

A

Procedural protection is defined by the U.S. Constitution once a property interest in employment is established.

35
Q

What are the three factors in the Mathews v. Eldridge (1976) test?

A
  • The private interest affected
  • The risk of erroneous deprivation
  • The government’s interest in efficiency
36
Q

What was the significance of Goldberg v. Kelly (1970)?

A

Demanded a pre-termination evidentiary hearing before cutting off welfare benefits.

37
Q

What does procedural due process apply to according to Logan v. Zimmerman Brush Co. (1982)?

A

Not just initial deprivations but also when state procedures are unfairly administered.

38
Q

What is the key goal of procedural due process?

A

Accuracy, fairness, and legitimacy of governmental adjudications or decisions.

39
Q

What does the Equal Protection Clause aim to prevent?

A

Discrimination against similarly situated individuals without appropriate justification.

40
Q

What are the three main levels of scrutiny used by the Court?

A
  • Strict Scrutiny
  • Intermediate Scrutiny
  • Rational Basis
41
Q

What must the government show under Strict Scrutiny?

A

A compelling interest and narrow tailoring (least restrictive means).

42
Q

What classification is subjected to Intermediate Scrutiny?

A

Quasi-suspect classes, such as gender and nonmarital children.

43
Q

What is the default standard of scrutiny?

A

Rational Basis.

44
Q

What is ‘Rational Basis with Bite’?

A

A more searching form of rational basis applied when animus or historical discrimination is suspected.

45
Q

What classifications are considered suspect?

A
  • Race
  • National origin
  • (Arguably) legal alienage
46
Q

What does the Court require for affirmative action programs?

A

Must meet strict scrutiny and demonstrate a compelling interest.

47
Q

What is the standard for gender classification?

A

Intermediate scrutiny.

48
Q

What level of scrutiny applies to age classifications?

A

Rational basis.

49
Q

What does the First Amendment prohibit?

A

Congress from making laws respecting an establishment of religion or prohibiting free exercise.

50
Q

What is the Lemon Test?

A

A test for determining if government action violates the Establishment Clause, requiring a secular purpose, no advancement or inhibition of religion, and no excessive entanglement.

51
Q

What is the significance of the Coercion Test in the Establishment Clause?

A

Government cannot coerce religious participation.

52
Q

What did the Court rule in Engel v. Vitale regarding school prayer?

A

State-sponsored prayer in public schools violates the Establishment Clause.

53
Q

What does the Public Function Test determine?

A

If a private entity performs a task traditionally and exclusively performed by the government, their actions are deemed state action.

54
Q

What is required to establish state action under the Entanglement Test?

A

Government must be heavily involved in or intertwined with the private entity’s conduct.

55
Q

What is the principle behind true private choice in education funding?

A

It breaks the chain of direct funding for religious indoctrination if it’s not part of a broader neutral program.

56
Q

Are laws accommodating religion automatically considered establishment?

A

No, if they remove burdens rather than advance a particular faith.

57
Q

What was the ruling in Locke v. Davey regarding state scholarships?

A

State can exclude devotional theology majors from scholarship without violating free exercise or establishing religion.

58
Q

What does the Court say about government aid to secular private schools?

A

If government aids secular private schools, it can’t exclude religious schools solely because they are religious.

59
Q

What is the modern trend regarding the Lemon test?

A

Lemon is largely dead; the Court uses historical analysis and forbids coerced participation.

60
Q

What should be identified to analyze government practice regarding establishment?

A

Whether it looks like endorsement or coercion.

61
Q

What is the basic principle of the Free Exercise Clause?

A

Government cannot prohibit or unduly burden free exercise of religion.

62
Q

What does Employment Division v. Smith (1990) establish regarding neutral laws?

A

Law not aimed at religion applies equally and rational basis applies; no religious exemption required.

63
Q

What triggers strict scrutiny in targeted laws against religion?

A

If the law targets religion or shows animus or intent to burden religion.

64
Q

What is the significance of the Religious Freedom Restoration Act (RFRA)?

A

It restores strict scrutiny for federal laws regarding free exercise.

65
Q

What does the Court’s post-COVID stance indicate regarding religious exercise?

A

The Court is increasingly protective of religious exercise even under general laws.

66
Q

What are the three main theories protecting freedom of expression?

A
  • Political Speech / Democracy Rationale
  • Marketplace of Ideas / Truth-Seeking
  • Self-Realization / Autonomy
67
Q

What is the distinction between content-based and content-neutral regulations?

A

Content-based laws trigger strict scrutiny; content-neutral laws get intermediate scrutiny.

68
Q

What test does United States v. O’Brien establish for symbolic speech regulation?

A
  • Within constitutional power of government
  • Furthers important/substantial interest
  • Interest unrelated to suppression of expression
  • Incidental restriction no greater than essential.
69
Q

What standard did Brandenburg v. Ohio establish for advocacy of illegal action?

A

Speech advocating violence is protected unless directed to inciting or producing imminent lawless action.

70
Q

What must public figures prove in libel cases after NY Times v. Sullivan?

A

They must prove ‘actual malice’.

71
Q

What defines ‘fighting words’ according to Chaplinsky v. New Hampshire?

A

Words by their very utterance inflict injury or tend to incite immediate breach of peace.

72
Q

What does the term ‘hostile audiences’ refer to in freedom of expression?

A

Speech provoking a hostile audience reaction is protected unless it meets stringent incitement/fighting words standard.

73
Q

Is hate speech protected under U.S. law?

A

Hate speech is not a separate category of unprotected speech; it can only be punished if it fits another category.

74
Q

What is the Central Hudson Test for commercial speech?

A
  • Speech must not be false, misleading, or propose illegal activity
  • Substantial government interest
  • Regulation directly advances that interest
  • Not more extensive than necessary.
75
Q

What is the general stance on prior restraints in freedom of expression?

A

Generally disfavored and presumptively unconstitutional.

76
Q

What are the unprotected categories of speech?

A
  • Incitement
  • True threats
  • Obscenity
  • Child pornography
  • Fraud.
77
Q

What is a key exam tip regarding free exercise analysis?

A

First determine if the law targets religion (strict scrutiny) or is neutral/generally applicable (rational basis).

Con Law 2 (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions