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Constitutional Law Cases Flashcards

1
Q

Department of Human Resources of Oregon v Smith

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• Individual’s religious beliefs do not excuse person from complying with a law

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2
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Edwards v Aguillard

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• Louisiana law “Balanced Treatment for Creation-Science and Evolution-Science” Act unconstitutional

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3
Q

Elk Grove Unified School District v Newdown

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  • Newdown did not have standing to bring suit because did not have sufficient custody over his daughter
  • Dealt with Pledge of Allegiance “under God”
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4
Q

Engle v Vitale

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• There may not be a prayer, even a nondenominational once, in public schools

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5
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Epperson v Arkansas

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• States cannot prohibit the teaching of material objectionable to a particular religious sect

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6
Q

Lemon v Kurtzman (1971)

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  • Supreme Court strikes down state effort to subsidize parochial school salaries
  • Established “Lemon Test” (3 obstacles to federal funds)
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7
Q

ACLU v Reno

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  • Ruled internet to be “mass speech…unlike broadcasting…non-invasive…same protection as print media”
  • A law that bans sending “indecent” material to minors over the Internet is unconstitutional because “indecent” is too vague a term
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8
Q

Tennessee v Scopes

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  • Challenged a Tennessee law that made it a crime to teach evolution
  • Fined Scopes, but the fine was reversed on a technicality
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9
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Baker v Carr

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• Enables federal courts to intervene in and to decide redistricting cases

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10
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Brown v Board of Education

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• Ruled that separation was not equal → outlawed segregation

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11
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Bush v Gore

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• Held that Florida Supreme Court’s scheme for recounting ballots was unconstitutional

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12
Q

Gratz v Bollinger

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• Michigan’s use of racial preference in undergraduate admissions violates Equal Protection Clause

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13
Q

Guinn v US

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• Bans grandfather clause that had been used to prevent blacks from voting

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14
Q

Harper v Virginia

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• The 14th Amendment forbids making a tax a condition of voting in an election

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15
Q

Heart of Atlanta Motel Inc. v US

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• Congress can force private businesses to abide by the Civil Rights Act of 1964

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16
Q

Ledbetter v Goodyear

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• Employment discrimination case dismissed because did not file within limitations period

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17
Q

Lochner v NY

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• State limit of working hours unconstitutional because interferes with freedom of contract

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18
Q

Regents of University of CA v Bakke

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• University can use special criteria to determine which students gained acceptance so long as it did not use a quota system

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19
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Reynolds v Sims

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  • Struck down AL’s apportionment law

* Must apportion based on population

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20
Q

Clinton v NY

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• Ruled line item veto unconstitutional

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21
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Fletcher v Peck

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• First case to declare a state law in violation of the Constitution

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22
Q

Gibbons v Ogden

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  • Expanded interstate commerce

* Established federal authority over states

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23
Q

Gonzales v Oregon

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• Controlled Substances Act did not authorize Attorney General to declare medical marijuana illegal

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24
Q

National Federation of Independent Business v. Sebelius

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Upheld most provisions of Obamacare

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25
US v Nixon
• Granted that presidents have limited “executive privilege,” but it did not apply in Nixon’s case
26
US v Darby
• Affirmed the right of Congress to exercise to the “utmost extent” its power under the Commerce Clause, so Congress can regulate employment under the Fair Labor Standards Act
27
US v Windsor
* States have the authority to define marital relationships | * Struck down DOMA
28
DC v Heller
• 2nd Amendment protects right to possess firearm unconnected with service in a militia
29
Korematsu v US
• Internment of Japanese Americans was illegal → give compensation
30
Marbury v Madison
• Upheld judicial review of congressional acts
31
McCulloch v Maryland
• Said that creating a federal bank, though not mentioned in the Constitution, was a “necessary and proper” exercise of the government’s right to borrow money
32
Worchester v Georgia
* Marshall invalidated GA law concerned Cherokee nation | * Only federal government has power to control Native American nations
33
Board of Education (Island Tree) v Pico
• Board could not restrict the availability of books in its libraries just because its members disagreed with their content
34
Buckley v Valeo
* Struck down limits on campaign spending | * Upheld restriction of individual contributions
35
Chaplinsky v New Hampshire
• Fighting words are not protected by the Constitution
36
Citizens United v FEC
• Corporate funding of independent political broadcasts in candidate elections cannot be limited
37
Gitlow v NY
* “Dangerous tendency” test | * First Amendment applies to states
38
Miller v CA
• Tried to define obscenity Must appeal to prurient interests Displays sexual conduct in an offensive manner Lacks artistic value • Issue left to local jurisdiction to define
39
Morse v Frederick
• School officials can prohibit students from displaying messages that promote illegal drug use
40
New York Times v Sullivan
• To libel a public figure, one must prove “actual malice”
41
New York Times v US
* Upheld ability to publish Pentagon Papers | * Denied Nixon his “executive authority” over this
42
Schenk v US
• Clear and present danger test of free speech = advocacy is allowed so long as it does not incite a violation of another’s rights
43
Texas v Johnson
• There may not be a law to ban flag burning
44
Tinker v Des Moines Independent School Board
• Upheld the right of students to wear black armbands in protest of the Vietnam War
45
Cohen v California
• Supreme Court overruled a conviction (man wearing a jacket saying “fuck the draft”) stating “one man’s vulgarity is another man’s lyric”
46
Near v Minnesota
• Government could not censor or otherwise prohibit a publication in advance, even though the communication might be punishable after publication
47
Bowers v Hardwick
• Unsuccessful challenge to GA’s anti-sodomy laws
48
Boy Scouts of America v Dale
• A private organization may ban gays from its membership
49
Lawrence v Texas
• State law may not ban gay sexual relations
50
Romer v Evans
• Colorado violated the equal protection clause by singling out gay people
51
US v Windsor
• States have the authority to define marital relationships | Struck down DOMA
52
Barron v Baltimore
• Ruled Bill of Rights is only on federal issues, not the state
53
Gideon v Wainwright
* Granted people in need the right to counsel | * 6th Amendment extends to states
54
Mapp v Ohio
• Incorporated the exclusionary rule
55
Griswold v Connecticut
* Original privacy case | * Found a “right to privacy” in the Constitution that would ban any state law against selling contraceptives
56
Katz v US
• Extended Fourth Amendment protection to all areas where a person has a "reasonable expectation of privacy"
57
Madsen v Women’s Health Clinic
* State of FL could only restrict abortion protesters to extent necessary to allow clinic to run * Limited noise but not images
58
Planned Parenthood v Casey
• Reaffirmed Roe but tolerated limitations like parent notification for minors by upholding PA’s restrictive abortion regulations
59
Roe v Wade
* Most disputed privacy case | * State laws against abortion were unconstitutional
60
Dolan v City of Tigard
• There must be an “essential nexus” between a legitimate state interest and the permit requirements
61
Kelo v City of New London
• City’s taking of private property to sell for private development qualified as a “public use” within the meaning of the takings clause
62
Nolan v CA Costal Commission
• If CA wished to use its power of eminent domain to make residents keep a sidewalk, it must provide “just compensation”
63
Dred Scott v Sanford
* Supreme Court could not forbid slavery because slavery were property and had no rights * Missouri Compromise was unconstitutional
64
Brown v Board of Education
• Ruled that separation was not equal → outlawed segregation
65
Plessy v Ferguson
• “Separate but equal”
66
Dred Scott v Sanford
* Supreme Court could not forbid slavery because slavery were property and had no rights * Missouri Compromise was unconstitutional
67
Shaw v Reno
• NC’s gerrymandered reapportionment was bizarre and unconstitutional
68
Smith v Allwright
• Denying blacks the right to vote in primary elections was unconstitutional
69
Swann v Charlotte Mecklenberg County Schools
• Approved busing as a means of combating racial segregation
70
Atkins v Virginia
• No capital punishment for the mentally disabled
71
Brewer v Williams
* Clarifies what constitutes "waiver" of the right to counsel for the purposes of the Sixth Amendment * “Christian Burial Speech” was tantamount to an interrogation → officer violated
72
Furman v Georgia
Limited use of death penalty
73
Gideon v Wainwright
• Granted people in need the right to counsel
74
Hamdi v Rumsfelt
• Terrorist detainees must have access to a neutral court to decide if they are legally held
75
Mapp v Ohio
• Established that illegally obtained evidence could not be used in a trial (exclusionary rule)
76
Miranda v Arizona
• Established Miranda rights (rights policy have to read when they arrest you)
77
Burwell v Hobby Lobby
Exemption for "for profit" organization to provide contraception

AP Comp Gov (11 decks)

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