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BULE 302 - Exam 3 > Exam 3 - Con Law > Flashcards

Exam 3 - Con Law Flashcards

1
Q

The Constitution was signed in the year ______?

A

1787

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2
Q

The first 10 amendments to the Constitution are called ______?

A

The Bill of Rights

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3
Q

The Declaration of Independence and the Bill of Rights are modeled on what?

A

Virginia Declaration of Rights

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4
Q

Who wrote the Virginia Declaration of Rights?

A

George Mason

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5
Q

The Marquis de Lafayette used the Virginia Declaration of Rights to model the French ______?

A

…

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6
Q

The three books on the George Mason statue at the GMU Fairfax campus were written by ______, ______, and ______.

A

Hume, Locke, and Rousseau.

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7
Q

What is the most famous legend about the statue of George Mason at the GMU Fairfax campus?

A

Rubbing his toe before an exam will bring good luck on the exam

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8
Q

The Constitution established what form of government?

A

federal

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9
Q

Federal government powers are shared by …?

A

national and state governments

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10
Q

Who said “The United States Constitution has proved itself the most marvelously elastic compilation of rules of government ever written”?

A

Franklin Delano Roosevelt

(32nd President)

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11
Q

Boucher case (general)

A
  • Elastic nature of the Constitution
  • Concept of encryption of a “Z drive”
  • Border crossing
  • Child pornography
  • Self-incrimination
  • Encryption
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12
Q

Boucher case (details)

A
  1. December of 2006, Sebastian Boucher and his father crossed border from Canada into USA
    • Sent to a secondary inspection
    • Inspector saw a laptop and inspected it and found 40,000 images
  2. Goverment issues subpoena to examine contents of encrypted hard drive
  3. Boucher files motion to quash subpoena
    • Cites 5th Amendment right against being compelled to self-incriminate
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13
Q

Boucher case (ruling)

A
  • Court ruled that to compel him to reveal password would create a tri-lemma:
    • If he knows what the password is and is ordered to give it up, it would incriminate him
    • or He could lie under oath, thereby committing perjury
    • or He could not answer the question, thereby being in contempt of court
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14
Q

Boucher case (appeal)

A
  • Court reversed the decision on appeal
  • Court said that he had already “opened the door” and incriminated himself because he had already previously revealed some of the contents of the drive to police
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15
Q

Sandra Day O’Connor

A
  • First female Supreme Court Justice
  • Graduated from Stanford Law School in 1952
  • “I applied to every firm that had a notice on … . Not a single one would give me an interview.”
  • Offered a job as a legal secretary, but refused it
  • Went to work for free, just to get experience
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16
Q

Who is the current Chief Justice of the United States?

A

John G. Roberts, Jr.

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17
Q

Who are the current associate justices of the U.S. Supreme Court?

A
  1. Antonin Scalia
  2. Anthony M. Kennedy
  3. Clarence Thomas
  4. Ruth Bader Ginsburg
  5. Stephen G. Breyer
  6. Samuel A. Alito, Jr.
  7. Sonia Sotomayor
  8. Elena Kagan
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18
Q

Who are the three living retired justices of the U.S. Supreme Court?

A
  1. Sandra Day O’Connor
  2. David H. Souter
  3. John Paul Stevens
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19
Q

What gives Congress the power to regulate interstate commerce?

A

Article I, Section 8 of the Constitution

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20
Q

What is interstate commerce?

A

commerce that takes place BETWEEN two or more states

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21
Q

What is intrastate commerce?

A

commerce that takes place WITHIN a single state

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22
Q

Do states have the power to regulate interstate commerce?

A

No

23
Q

Are there limits on state regulation of intrastate commerce?

A

Yes, states may regulate intrastate commerce as long as that regulation does not interfere with interstate commerce

24
Q

Gibbons v. Ogden (general)

A
  • 1803 U.S. Supreme Court case
  • Gibbons (from New Jersey) barred by State of New York to operate steamboat in New York waters
  • Ogden (from New York) had exclusive license to operate in New York
25
Q

Gibbons v. Ogden (details)

A
  1. Robert Fulton (invented steamboat) and Robert Livingston had a monopoly to operate steamboats in New York waters
  2. They licensed Ogden to operate in New York
  3. Gibbons got a license from federal government to operate boats in interstate waters (from New Jersy to New York)
  4. Ogden sued Gibbons and New York state courts issued an injunction against Gibbons to operate in New York waters
  5. Gibbons then sued Ogden in federal court
26
Q

Gibbons v. Ogden (ruling)

A
  • Issue in this case became “what does interstate commerce mean?”
  • Court concluded that the power to regulate interstate commerce rests exclusively with federal government,
  • and federal government can regulate intrastate commerce when it substantially affects interstate commerce
27
Q

Heart of Atlanta Motel v. United States (general)

A
  • 1964
  • Civil rights movement
  • Georgia
  • 260 room motel
  • Whites only
28
Q

Heart of Atlanta Motel v. United States (details)

A
  1. Downtown Georgia on Peachtree street, accessible from interstate highways
  2. Solicited patronage from outside the state of Georgia via advertising
  3. 75% of registered guests are from out-of-state
  4. Court conducted an analysis of the commerce clause and the dormant commerce clause
  5. Court looked at the Civil Rights Act in regards to interstate commerce
29
Q

Heart of Atlanta Motel v. United States (ruling)

A
  • Court ruled that the discrimination was illegal under the Civil Rights Act because the prohibition interfered with interstate commerce
  • Court ruled that the Civil Rights Act was Constitutional because of the Commerce Clause
30
Q

Commerce Clause

A

…

31
Q

Dormant Commerce Clause

A

…

32
Q

Family Winemakers of California v. Jenkins

A
  • Massachusetts had a rule called the “three-tier” system
  • Different rules for large or small wineries – benefited small wineries
  • Winemaker in California sued Massachusetts ABC
  • Massachusetts law favored Massachusetts wineries over other states’ wineries
  • Did not go to Supreme Court
  • Court ruled that the law violated Commerce Clause
33
Q

Supremacy Clause

A

Constitution and treaties of the U.S. are “the supreme law of the land.”

34
Q

Can you wear a “Go Fuck Yourself” t-shirt to a college class?

A

Yes, in a public school, but not really in a private school

35
Q

What document was adopted in 1791?

A

Bill of Rights

36
Q

In general, the Bill of Rights protects individuals freedom…

A
  • of speech
  • of religion
  • from compelled self-incrimination
  • from unreasonable searches and seizures
37
Q

Freedom of speech

A
  • Most prized American freedom
  • Symbolic speech
  • Other types of protected speech:
    • Political speech
    • Commercial speech (advertising)
38
Q

Bad Frog Brewery, Inc. v. New York State Liquor

A
  • State concerned that kids could see the frog label
  • Court (which court?) found that state was being too restrictive and violated their freedom of expression
39
Q

Morse v. Frederick (general)

A
  • “BONG HiTS 4 JESUS” case
  • 2007
  • U.S. Supreme Court
  • Chief Justice Roberts wrote the opinion
  • High school students
40
Q

Morse v. Frederick (details)

A
  • 1/24/2002 the Olympic torch relay passed through Juneau, Alaska
  • Morse is the high school principal
  • Joseph Frederick is the student, a senior
  • Principal let students go watch the torch go by on “field trip”
  • Morse ordered banner taken down, everyone complied but Frederick
  • Frederick suspended by Morse
41
Q

Morse v. Frederick (ruling)

A
  • Did Frederick have a First Amendment right to display banner? No, per Roberts.
  • Frederick said he was only attracting news crews, that sign was nonsensical - court disagreed
  • Court looked at Tinker case from 1969 during Vietnam War
    • Students suspended for wearing black armbands
    • Supreme Court said violated students’ rights
  • Court also looked at Fraser case
    • Student used an explicit sexual metaphor
    • Court ruled in favor of school
42
Q

Are court rulings on free speech consistent?

A

NO

43
Q

Unprotected speech

A
  • Harms good reputation of another
  • Defamatory speech
  • Speech that violates criminal laws (threats)
  • Fighting words – words likely to incite
  • Obscene speech
44
Q

Chaplinsky v. …

A
  • 1940s
  • U.S. supreme court
  • Chaplinsky was a Jehovah’s Witness said “you are a goddamned racketeer and a damned fascist …”
  • Chaplinsky charged and convicted of calling someone a offensive name
  • Court ruled against Chaplinsky – “fighting words”
45
Q

Cohen v. California

A
  • 1971
  • “Fuck the Draft” jacket into a courthouse
  • Supreme court ruled in favor of Cohen
46
Q

Examples of NOT “fighting words” rulings

A
  • Calling a police officer a “son of a bitch”
  • Yelling “fuck you all” to a police officer
47
Q

Examples of “fighting words” rulings

A
  • Yelling racial slurs at two African-American women
  • “White racist motherfucker” and wishes his mother to die to a police officer
48
Q

Skokie case (general)

A
  • 1970s; 78-79
  • Illinois state courts
  • National socialist party wanted to march in the Skokie, IL parade
  • Wanted to wear the German marching uniforms/swastikas
49
Q

Skokie case (details)

A
  • Skokie made local municipal law that required arduous administrative filings and permits process – made the law when they heard the NSP was going to march – targeted them
  • The village of Skokie filed a lawsuit seeking an injunction against the NSP
  • ACLU represented the NSP
50
Q

Skokie case (ruling)

A
  • ACLU went to court to defend the First Amendment
  • Executive director of ACLU was a Jewish concentration camp survivor
  • Skokie laws
    • Permit
    • Village officials can deny permit if proposed speech had no virtue or incites hostility
    • $350,000 insurance bond
  • Bottom line: Illinois state courts allowed the Nazis to march. The display of the swastika was not “fighting words,” but symbolic political speech
  • Nazis did not march in Skokie, but in Chicago instead
51
Q

Florida v. Harris (general)

A
  • Recent Supreme Court case
  • February 2013 decision
  • Aldo, the drug dog
  • Fourth Amendment protects from unreasonable searches and seizures
  • Drug detection dogs
  • Police need probable cause to do search and seizure
  • Opinion written by Elena Kagan
  • How the alert of a drug detection dog gives probable cause to search
  • State ruled that the state must provide an exhaustive record of the dog’s performance in the field to establish reliability
52
Q

Florida v. Harris (details)

A
  • Officer Wheetley
  • Harris is the suspect
  • Aldo is the drug dog
  • In 2006, on routine patrol with Aldo
  • Wheetley saw harris was nervous, shaking, and saw open beer can
  • Wheetley asked to search the vehicle; Harris said “No.”
  • Wheetley walked Aldo around Harris’ truck to conduct a “free air sniff”
  • Aldo alerted at the driver door handle—signalling that he smelled drugs
  • No drugs were found, but pseudoephedrine and meth lab equipment was found
53
Q

Florida v. Harris (ruling)

A
  • When a drug do alerts, does it give officer a probable cause?
    • Florida supreme court ruled that police have a high burden to prove that dog is reliable
    • US Supreme Court said that Florida Supreme Court applied an unreasonable burden on police to prove reliability

BULE 302 - Exam 3 (1 decks)

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