Supreme Court Flashcards
NY times vs. US
Did attempts by the Nixon administration prevent the NY Times and Washington Post from releasing information In a study in the history of US activities in Vietnam violate 1st amendment
The gov’t has the right to keep info from the people In the interest of nat’l security; otherwise it should be open to the people
Swann v Charlotte-Mecklenberg Board of ED
Did fed. Courts have constitutional authorization to attempt to fix the effect of state mandated segregation?
This case is supposed to give the Court “police” power to enforce its decision but we all know they don’t (up to executive branch). In this case, it was supposed to be that if the C-M school district didn’t integrate, the Court was going to make them integrate, but it turns out their efforts were fine so they didn’t have to change anything
Furman v Georgia
Does the sentence to the death penalty in the case of Furman constitute cruel and unusual punishment thus violating the 8th amendment, and was the fourteenth amendment violated due to Furman receiving unequal treatment
This sort of gets rid of the death penalty…for a little while. It doesn’t actually outlaw it, but based on the ways were written, all states that had the death penalty had to rewrite their laws so there essentially was a moratorium on the death penalty for about 4 years
Roe v. Wade
Does the constitution give a woman the rights to have an abortion, including those not for medicinal safety reasons? Does a state ever have the right to enact anti-abortion laws?
A woman’s right to an abortion falls under the privacy rights implied in the Constitution. States cannot restrict abortions until the 2nd trimester and cannot ban them until the 3rd trimester
Miller v California
Is the sale and distribution of obscene or graphic material protected under the 1st amendment right to free speech?
We finally get a legal definition of obscenity (see reasoning). It’s still not protected speech, but this does update Roth v US
US v Nixon
Does a President’s executive privilege allow information to be withheld without question or can the president still be required to come under judicial review?
While the President does have a right to executive privilege, it’s not an all inclusive right. The Court will determines whether or not information has to be revealed based on issues of national security
Buckley v Valeo
Did the limits placed on electoral expenditures by the Federal Election Campaign Act of 1971 and the Internal Revenue Core of 1954, violate the First Amendments freedom and speech and association clause
There can be limits of campaign contributions, but not expenditures
Gregg v Georgia
Is the imposition of the death of the death sentence prohibited under the Eighth and Fourteenth Amendments as “cruel and unusual punishment”
Death penalty = illegal
Regents of U of Cali V Bakke
Did the University of California violate the Fourteenth Amendment’s Equal protection clause and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke’s application for admission to its medical school?
Race can be used in Affirmative Action policies for colleges/universities but the idea of quotas should not be used. Race should not be the defining factor to someone’s admission, but it is acceptable to use a system that gives minorities extra “points” bc diversity goals
Lemon v Kurtzman
Did the statutes violate the first amendment establishment clause by making financial aid only available to “church related educational institutions”
Legislation within Penn and RI provided financial aid to private elementary schools in religious subjects and to teachers teaching the subject
Chrisholm v Georgia
Was the state of Georgia under the jurisdiction of the Supreme Court and the federal government?
States aren’t necessarily able to be sued due to sovereign immunity (this changes with the 11th amendment noted above)
Marbury v Madison
Is Marybury entitled to a last minute appointment to the Supreme Court?
Concept of Judicial Review (as explained in reasoning Legal Concept/Fun with Latin words: writ of mandamus - court order forcing an official to do his/her job. This is what Marbury wanted the Court to issue to Madison
Plyler v. Doe
Did Texas education laws in 1975 that withheld funds from schools who admitted illegal immigrants violate violate the Equal Protection of 14th amendment
Children who are here illegally are entitled to a public education. It’s not their fault they’re here illegally, so educate them while they’re here
US V Leon
Is there a “good faith” (trust in that police officers’ mean well) exception to the exclusionary clause
There is a “good faith” exception to the exclusionary rule. In other words, if the police believe what they’re doing is legal, the evidence can be used. For example, if the officer has a warrant that turns out to be invalid, but appeared to be valid at the time of the search, the material evidence found in the search may be used to court
NJ v TLO
Does the exclusionary cause apply to school officials when conducting searches?
School officials have the right to search all school property at any time; they may only search personal property when there is a reasonable suspicious that school rules (or laws) are being violated
Bowers v. Hardwick
Does the Constitution guarantee the right of homosexuals to engage in consensual intercourse, invalidating the local rules of many states?
States can make oral sex, anal sex and homosexuality illegal
Hazelwood v Kuhlmeier
Is a school allowed to exercise editorial control over a student written newspaper
School admins have the right to censor school publications such as school newspapers
Texas v Johnson
Is the burning or otherwise desecrating the American flag protects political expression under the Constitution
Flag burning is protected speech under the first amendment
Webster v. Reproductive Health Services
If a state puts limitations on abortions, is that a violation of the right to privacy, as implied by the Constitution, or the Equal Protection clause of the 14th amendment?
Abortions cannot be performed in publicly-funded hospitals. Only private hospitals/clinics can perform abortions.
Cruzan v Missouri
Did the Due process clause of the 14th amendment permit Cruzan’s parents to refuse life-sustaining treatment on their daughter’s behalf?
Adults cannot be euthanized without their consent; however; states can decide to allow spouses, parents, etc. to take a person off life support since that isn’t technically euthanizing them.
McConnell v Federal Election Commission
Do regulations of the source, content, or timing of political ads in the Campaign Finance Reform Act 2002 violate the First Amendments free speech clause?
BRCA is legal; follows state decisis on Buckley v Valeo but raised the limits for contributions as a results of the BCRA
Lawrence v Texas
Does Texas’ Homosexual conduct law violate the right to privacy and the 14th amendment’s due process clause
Gay people have rights too. This cases overturns Bowers v Hardwick. This is also the case that sparked the current movement for equal rights for the LGBT community
Grutter v Bollinger
Does the Umich Law schools use of racial preferences in student admissions violate the Equal Protection Clause and the Fourteenth Amendment of the Civil Rights Act of 1964?
Similar to Bakke case, because most of the law students in the US are white males, schools can use point systems to award extra points to minorities in order for them to gain admission to these specialized schools. The Court still doesn’t like quotas but they’re not illegal
Gratz v Bollinger
Does the University of Michigan use of racial preferences I student admissions violate the Equal Protection Clause and the Fourteenth Amendment of the Civil Rights Act of 1964?
Like the previous case, a diverse student body is a valid educational goal, however, undergrad schools like Michigan are HUGE and therefore already diverse so you can’t use preferences/points to gain admission to schools that already have a diverse population.
Gonzales v Raich
Does the Controlled Substances Act exceed Congress’ power under the commerce clause as applied to the intrastate cultivation and possession of marijuana for medical use
Marijuana is an illegal substance. You can’t have it even if it’s for medicinal uses?
Marijuana is an illegal substance. You can’t have it even if it’s for medical uses. Yes, several states violate this decision. Remember, it’s up to the stages to enforce the decision. So while NJ coo cant necessarily arrest you for having pot, the DEA can arrest you for it
Roper v Simmons
Does the execution of minors violate the prohibition of cruel and unusual punishment found in the 8th amendment
No death penalty for juveniles convicted of committing what would otherwise be a capital crime. You can, however, give them life in prison without parole…for a few more years at least
Kelo v City of New London
Does a city violate the Fifth amendment’s taking clause if the city takes private property and sells it for private development, with the hopes the development will help the city’s bad economy.
The eminent domain clause of the 5th amendment also applies to the States
Gonzalez v Carhart
Is the partial-birth Abortion Ban Act of 2003 an unconstitutional violation of personal liberty protected by the 5th amendment because the Act lacks an exception for the partial birth abortions necessary the protect the health of the mother
Partial birth abortions are illegal
Safford Unified School District v Redding
Does the Fourth Amendment prohibit school officials from strip searching students suspected of possessing drugs in violation of school policy?
While school administrators have the right to search the personal belongings of students given reasonable suspicion (TLO case), they aren’t allowed to strip search you unless there is reason to believe you have illegal contraband stored in your privates
Citizens United v FEC
Do the BCRA’s disclosure requirements impose an unconstitutional in regards to the First Amendment burden when applied to electioneering requirement because they are protected “political speech” and. Jr a subject to regulation as “campaign-speech”
created SUPER PACS
US v Virginia
Does the creation of a woman’s school in addition to the all males school of Virginia Military Institute remain just under the 14th amendment?
Publicly funded schools must be open to both males females OR provide equal separate same sex institutions
Reno v American Civil Liberties Union
Did certain provisions of the 1996 Communications Decency Act violate the First and Fifth amendments by being overly broad and vague in their definitions of the types of Internet communications by which they criminalized
Gov’t can’t regulate Internet. They can monitor the activity and use Internet records at trial
Did Congress have the authority to est. a bank?
- Congress use of the elastic clause - broad interpretation
- Congress can make a national bank that cant be taxed by the states
McCulloch v. Maryland
Congress controls interstate commerce (Later there will be a federal agency - the ICC)
Gibbons v. Ogden
- Slaves aren’t people so they can’t sue
- Impact on Civil War
- Overturned by 14th amendment
Dred Scott v. Sanford
Does a civil court have jurisdiction over a military tribunal?
Civilians can’t be tried by military courts
Latin part means a Judge decides the case without having all the parties involved
Ex Parte Milligan
Plural marriage is a part of religious practice but does the federal anti-bigamy statue violate the 1st amendment of religious freedom
Reynolds v. US
Should the state of Louisiana be allowed to have separate railroad cars for blacks and whites?
“Separate but Equal” (Jim Crow) laws legalized
Plessy v. Ferguson
Since the 14th amendment states that all people who are born or naturalized in the us are granted citizenship, do children of Chinese descent become a citizen by birth
US v. Wong Kim Ark
Were ___’s actions protected by the free speech clause?
- Federal gov’t can limit speech during war
- “Clear and Present Danger” test
Schenck vs. US
Did the search of Weeks’ home and the seizure if the papers without a search warrant violate the 14th amendment?
The Exclusionary Rule applies in all federal cases.
Weeks v. US
Is the NY law punishing advocacy to overthrow the government a violation of free speech
nah, state gov’ts can limit speech during wartime too! shittt
Gitlow v. NY
Powell v. Alabama
States must provide due process rights, including a competent lawyer and fair trial in all capital cases
Palko v. Connecticut
Does Palko’s 2nd conviction violate the protection of double jeopardy granted by the 5th amendment and 14th amendment due process clause
Double Jeopardy is a federal right only (not states)
Betts v. Brady
Was the due process clause violated since the defendant was denied a counsel.
States do NOT have to provide lawyers to poor defendants unless it’s a capital case.
Does the first amendment protect an individual from expressing their opinion with words that are considered fighting words or obscenity
Fighting words Doctrine - not all speech protected
Chaplinsky v. NH
