Final

Question 1

process by which legislative seats are distributed among units entitled to representation

Answer 1

Apportionment

Question 2

A political scientist at Northwestern University challenged the congressional districts in Illinois for failing to be equal in population.

The Court rejected his claim because no law required congressional districts to be:
Compact
Contiguous
Equal in population

Answer 2

Colegrove vs. Greene

Question 3

A group claimed that TN had failed to reapportion their voting districts causing “debasement” of votes in districts whose populations had swelled relative to other districts.

The majority determined that there was a justiciable claim and remanded the case to the District Court to fashion a remedy.
Justiciable: capable of being decided by a court

Answer 3

Baker vs. Carr

Question 4

J. Black, writing for the majority, held that “the command of Art. I, §2 that Representatives be chosen ‘by the People of the several States’ means that, asnearly as is practicable, one man’s vote in a congressional election is to be worth as much as another’s.”

Thus, the “one man, one vote” rule was announced, here in reference to congressional districts.

Answer 4

Wesberry vs. Sanders

Question 5

Extended the “one man, one vote” to state legislatures—both branches.

Instead of using Art. I, Sec. 2, the Court used Equal Protection under the 14th Amendment.

-j Brennan wrote, “Legislators represent people, not trees or acres.”

Answer 5

Reynolds vs Sims

Question 6

extended the“one man, one vote” rule to counties, cities, and towns

Changed procedures for an estimated 80,000 units of local government

Answer 6

Avery v. Midland County

Question 7

Military zones and Japanese internment camps

Answer 7

Korematsu v. U.S.

Question 8

During WWII, 8 German saboteurs landed on American soil (4 on Long Island & 4 in Florida)

Two saboteurs turned themselves in and informed the FBI about their plan and their accomplices

6 sentenced to death
tried by military tribunal

Answer 8

Ex Parte Quirin

Question 9

the Court agreed that segregation in public schools was unconstitutional, but it did not provide a method to end the problem

Answer 9

Brown vs. board of Education

Question 10

extended the exclusionary rule to state courts
Gambling ring and porn magazines
6-3 ruling her rights had been violated

Answer 10

Mapp v. Ohio

Question 11

Court upheld warrantless wiretapping of telephone lines, in part because there was no physical invasion of the defendant’s property

Created the “trespass doctrine”- a search is only “unreasonable” if constitutionally protected area is intruded upon

Answer 11

Olmstead v. United States

Question 12

Federal agents placed a warrantless wiretap on the public phone booth to listen to conversations of Charles Katz.
Unreasonable?
YES 7-1

Answer 12

Katz v. U.S.

Question 13

The right to remain silent
If they don’t remain silent, the information they provide may be used in a court of law
They have the right to an attorney
If they cannot afford an attorney, one will be appointed for them

Answer 13

Miranda v. Arizona

Question 14

Compelling Governmental Interest

Narrowly Tailored / Least Restrictive Means

Answer 14

Strict Scrutiny

Question 15

Important Governmental Interests

Law is substantially related

Answer 15

Heightened/Intermediate Scrutiny

Question 16

Legitimate Governmental Interests

Law is rationally related

Answer 16

Rational Basis

Question 17

Bakke was twice rejected at the Medical School at UCD.
ISSUE: Does UCD’s affirmative action policy violate the Equal Protection Clause of the 14th Amendment?
HOLDING- YES and NO

Answer 17

Regents of the U. of CA v. Bakke

Question 18

Gratz was a white resident of Michigan who did not gain acceptance as an undergraduate at the University of Michigan.
Michigan argued that they had a compelling state interest in maintaining an academically capable, diverse student body.
Does UM’s affirmative action point system violate the Equal Protection Clause of the 14th Amendment?
Holding: Yes (6-3 opinion)
UM’s policy is not narrowly tailored
Based on race, 1/5 of the points needed for admission are automatically awarded to some applicants.
This is not an individualized assessment of an applicant’s profile

Answer 18

Gratz v. Bollinger

Question 19

Rejected from MI Law School
ISSUE: Does UM Law School’s affirmative action “holistic system” violate Equal Protection under the 14th Amendment?
Holding: No (5-4 opinion)
The law school’s policy was narrowly tailored to further the compelling state interest in obtaining the educational benefits of a diverse student body.

Answer 19

Grutter v. Bollinger

Question 20

Rejected at UT Austin
HOLDING: In a 7-1 opinion, the Court vacated and remanded the Fifth Circuit’s opinion. Justice Kagan recused herself.
Vacate: cancel or annul a judgment
Remand: return a case for further action
Recuse: disqualify oneself due to a conflict of interest

Answer 20

Fisher v. University of Texas

Question 21

Miller owned a mail-order business that specialized in pornography. He mailed explicit brochures to advertise his products.
The Court crafted new rules to permit state regulation of obscenity:
Whether the average person, applying contemporary community standards (not national standards, as some prior tests required), would find that the work, taken as a whole, appeals to the prurient interest;
Whether the work depicts or describes, in apatently offensiveway, sexual conduct or excretory functionsspecifically defined by applicablestate law;
“Whether the work, taken as a whole, lacks seriousliterary,artistic,political, orscientificvalue.”

Answer 21

Miller v. CA

Question 22

He burned a stolen flag in protest outside the 1984 Republican National Convention
A 5-4 majority on the Court held that flag burning is “expressive conduct” that is protected by the 1st Amendment

Answer 22

TX v. Johnson

Question 23

An Indiana law prohibited public nudity. Dancers were required to wear G-strings and pasties.

The Court determined that nude dancing was expressive conduct protected by the First Amendment.

Answer 23

Barnes v. Glen Theater

Question 24

The Court upheld a law requiring Internet filters to block pornography and other offensive content.

The restriction was considered permissible in order to protect children.

Adults have a First Amendment right to insist that the filters be lifted so they can enjoy porn in their public library.

Answer 24

U.S. v. American Library Association

Question 25

Morse suspended Frederick for displaying a banner that read “Bong Hits 4 Jesus” at a school event.

The 9th Circuit said that this violated Frederick’s First Amendment rights.

The Supreme Court disagreed, saying that the First Amendment applied differently in the school setting when the school had a compelling interest involved (e.g., preventing drug use)
President Starr argued on behalf of Morse at the Supreme Court

Answer 25

Morse v. Frederick

Question 26

Court was examining the Federal Election Campaign Act (FECA) of 1971
They upheld contribution limits but struck down expenditure limits

Answer 26

Buckley v. Valeo

Question 27

struck down law that prohibited corporations from contributing money to ballot proposals

Answer 27

First National Bank of Boston v. Bellotti

Question 28

upheld rule requiring corporations to make donations from a separate account

Answer 28

Austin v. Michigan Chamber of Commerce

Question 29

similar to Buckley, except it applied to states rather than the federal government

Answer 29

Nixon v. Shrink Missouri Government PAC

Question 30

Examined the Bipartisan Campaign Reform Act (BCRA) of 2002
Imposed bans on soft money (money contributed to political parties for purposes other than supporting or opposing a candidate, such as to run voter registration drives), and placed limits on advertising by corporations and PACs immediately preceding an election

Answer 30

McConnell v. Federal Election Commission

Question 31

Struck down provisions of the BCRA that prohibited corporations, unions, and PACs from making independent expenditures and election communications
After this (5-4) decision, corporations are still prohibited from contributing directly to federal candidates, but can contribute unlimited sums to organizations, such as Super PACs and 501(c)4s, that support or oppose a candidate

Answer 31

Citizens United v. Federal Election Commission

Question 32

Sherbert was a Seventh Day Adventist, a denomination that recognizes the Sabbath

She was fired for refusing to work on Saturdays

She was then refused unemployment benefits b/c she would not “accept suitable work when offered”

Answer 32

Sherbert v. Verner

Question 33

1. ) Does state action place an “incidental burden on the free exercise of appellant’s religion?”
2. ) If so, is the burden “justified by a compelling state interest in the regulation of a subject w/in the State’s constitutional power to regulate?”

Answer 33

Sherbert Test

Question 34

The Court applied the Sherbert test to approve accommodations for Amish families whose religion frowns on education past grade school.

Answer 34

Wisconsin v. Yoder

Question 35

Respondents were fired after ingesting peyote in a Native American religious ceremony
They were initially denied unemployment compensation because they were dismissed for “work-related ‘misconduct’” (violating state law)
The Oregon Supreme Court reversed, determining that ineligibility for unemployment compensation was an unjustified burden on respondents’ right of free exercise.
Rejected the Sherbert Test

Answer 35

Employment Division v. Smith

Question 36

The Act recognized that:
“Laws ‘neutral’ toward religion may burden religious exercise as surely as laws intended to interfere w/ religious exercise”
“Governments should not substantially burden religious exercise w/o compelling justification.”

The purpose of the Act was “to restore the compelling interest test as set forth in Sherbert v. Verner.”

Answer 36

Religious Freedom Restoration Act

Question 37

Boerne, Texas, passed an ordinance requiring approval for all construction projects affecting buildings in historic districts.
The St. Peter Catholic Church, located in such a district, applied for a building permit b/c the congregation had outgrown its building.
The church brought suit under RFRA.
In a 6-3 opinion, the Court struck down RFRA
Did not analyze under the First Amendment
Struck down as violation of Section 5 of the 14th Amendment

Answer 37

City of Boerne v. Flores

Question 38

the course of action that must be followed before an individual is deprived of life, liberty, or property

Answer 38

procedural due process

Question 39

recognizes as constitutionally protected certain fundamental (though unenumerated) rights

Answer 39

substantive due process

Question 40

A CT law criminalized the use of contraceptives.
Issue: Does the Constitution protect the right of married couples to use contraception?
Holding: Yes
Majority: “[S]pecific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance.”
1st, 3rd, 4th, 5th, & 9th Amendments

Answer 40

Griswold v. Connecticut

Question 41

Roe brought a class action suit challenging the constitutionality of the Texas abortion laws.
Court determined that the “right to privacy” extended to include the right to obtain an abortion.
How can something be a “fundamental right” that has been forbidden in most states for over a century?
Trimester Approach:
First trimester: decision left to pregnant woman and her doctor
Second trimester: state may begin promoting their interests in the mother’s health (e.g., qualifications of doctor and facility)
Third trimester: state may begin promoting their interests in the child’s health (even going so far as to proscribe abortion)

Answer 41

Roe v. Wade

Question 42

Houston police responded to a reported weapons disturbance.
They found the defendants engaged in “deviate sexual intercourse, namely anal sex, with a member of the same sex,” a violation of TX law.
Issue: Does a statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct violate the Due Process Clause?
Holding (6-3): Yes
5 said it violated Due Process
J. O’Connor said it violated Equal Protection

Answer 42

Lawrence v. Texas

Question 43

The Constitution does not confer “a fundamental right to engage in homosexual sodomy.”
Prohibitions on this “crime against nature” have “ancient roots.”
“[T]o claim that a right to engage in such conduct is ‘deeply rooted in this Nation’s history and tradition’ or ‘implicit in the concept of ordered liberty’ is, at best, facetious.”
DISSENT: Need justification beyond imposing religion doctrine

Answer 43

Bowers v. Hardwick