Constitutional Amendments and BIG Cases Flashcards
This amendment protects: free expression of religion; freedom of speech and press; right to peaceful assembly
First Amendment
This amendment states: a person charged with a crime has the right to a jury trial; no person may be tried for the same crime twice (double jeopardy); a person is protected from self-incrimination; a person has a right to a fair trial; the government may not take property without just compensation
Fifth Amendment
This amendment is often associated with the “equal protection” clause
Fourteenth Amendment
This amendment states that no state shall make or enforce a law which abridges the privileges and immunities of citizens of the US; no state shall deprive any person of life, liberty, or property, without due process; nor deny to any person the equal protection of laws
Fourteenth Amendment
This Supreme Court case found that a person has a right to make alcohol for their own use, but it can be conditioned on its effect on others
Mugler v. Kansas (1887)
These two Supreme Court cases tested which constitutional amendment?
Village of Euclid v. Ambler Realty (1926) and Mugler v. Kansas (1887)
Fourteenth Amendment
Which amendment was tested in the Supreme Court case Renton v. Playtime Theatres?
Hint: Playtime theatres was an adult theater.
First Amendment
Several Supreme Court cases have reviewed ordinances which regulate outdoor signage. Which amendment has been applied to these cases?
First Amendment
Which of these court cases relates to the takings clause of the Fifth Amendment?
1) Euclid v. Ambler (1926)
2) Central Hudson Gas and Electric Corp v. Public Service Commission (1980)
3) Loretto v. Teleprompter Manhattan Catv Corp. (1982)
3) Loretto v. Teleprompter
The Supreme Court ruled that the installation of cable on the property was a taking
What is eminent domain and which constitutional amendment does it relate to?
Eminent domain refers to the government’s power to take private property for public use, provided they provide just compensation; it is related to the Fifth Amendment
The first case to uphold building regulations and limit building height (which set the precedent for zoning) in 1909…
Welch v. Swasey
This 1928 case struck down a zoning ordinance and used the rational basis test to conclude it did not have a valid public purpose (which is a requirement for creating zoning regulations)
Nectow v. City of Cambridge
Which of these cases is NOT related to growth management?
1) Golden v. Planning Board of Ramapo (1972)
2) Loretto v. Teleprompter (1982)
3) Construction Industry of Sonoma County v. City of Petaluma (1975)
4) Associate Home Builders of Greater East Bay v. City of Livermore (1976)
2) Loretto v. Teleprompter is a 5th amendment takings case, the others are all related to growth management
Massachusetts v. EPA (2006) found that the EPA must provide reasonable justification for not regulating ________
Greenhouse Gas Emissions
This case found that the Army Corps of Engineers must determine a significant nexus between wetlands and navigable waterways
Rapanos v. US (2006)
First amendment cases often deal with which issues?
Adult use, signage, religious facilities, and group homes
Reed v. Town of Gilbert, AZ ruled that sign ordinances must be _______ based on the first amendment.
Content-neutral
This federal act of 2000 ruled that land use regulations cannot pose undue burden for religious assemblies or institutions, and if a regulation is necessary for a legitimate government interest, it must impose the least restrictive regulations possible
Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA)
Which of two cases upheld zoning of adult use/sexually oriented businesses to certain districts?
1) Young v. American Mini Theaters (1976)
2) Metro Media v. City of San Diego (1981)
3) City of Renton v. Playtime Theaters (1986)
1) Young v. American Mini Theaters (1976), and
3) City of Renton v. Playtime Theaters (1986)
This was the first case to find that the government can regulate private property for public good (and it is not in violation of the 14th amendment) in 1876.
Munn v. Illinois
This case ruled that zoning ordinances can be used to control the lifestyle and values permitted in a district; this specific case was based on an ordinance that prohibits more than 2 unrelated persons from living in a single-family home
Village of Belle Terre v. Boaraas (1974)
South Burlington County NAACP v. Township of Mount Laurel (1975) was about the towns zoning regulations and found that…
Per the 14th amendment, the town’s zoning needed to be changed to allow all income types to live in the community and was exclusionary.
In this 1977 case, Metro Housing Development Corporation argued that the _______’s ordinance against multifamily housing in certain areas was racially discriminatory, but the court found there was not enough evidence to conclude it was discriminatory.
Village of Arlington Heights (v. Metro Housing Development Corporation)
First significant legal case dealing with historic preservation
US v. Gettysburg Electric Railway Company (1896)