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Supreme Court Cases Flashcards

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1
Q

Civil liberties

A

Protection- liberties automatically given at birth. Civil society.

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2
Q

Civil rights

A

Given by government by laws. Convicted felons can’t vote

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3
Q

Judicial powers

A

Pres actions are subject to review. Can be reversed by Supreme Court.

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4
Q

Marbury v Madison

A

Est basis for exercise of judicial review. 1 time Supreme Court ruled unconstitutional.

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5
Q

Exec powers

A

Manage national affairs. Rules to follow.

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6
Q

Ex parte Milligan

A

Milligan and 4 others accused of stealing union weapons. Sentence to hanging by military court. Court ruled cannot be tried by military tribunals when civil courts are open. ( even during war)

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7
Q

Us v Reynolds

A

( Korean War 1953 -Eisenhower )- challenged exec privilege in civil suit against Air Force contractor. Lower court ruled against pres. Supreme Court over ruled the lower court

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8
Q

Us v Nixon

A

(1974)- Nixon claimed exec privilege for not turning over certain tapes and doc during watergate investigation. Court rejected nixon’s claim. Gerald Ford pardoned Nixon.

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9
Q

Clinton v jones

A

Immunity from prosecution for acts done before taking office, while in office. Court ruled a sitting pres has no immunity from civil law litigation against him unrelated to his present office. Allowed him to be tried.

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10
Q

Boumediene v bush

A

Writ of habeas corpus submission for release from Guantanamo bay detention to civil court trial. Court ruled prisoner had right to habeas corpus and his military confinement was unconstitutional.

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11
Q

Gibbons v Ogden

A

Challenge to congress’ right to regulated interstate commerce, who granted gibbons a monopoly to his steamboat services. Court favored Ogden concluding congressional power over commerce.

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12
Q

Us v Lopez

A

Challenged congress’ commerce clause when in possession of a concealed revolver on school grounds. Court sided with Lopez on the grounds that congress’ powers were limited.

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13
Q

Gonzalez v raich

A

Congress’ right to regulate commerce in the form of banning home-grown cannabis when state approved for medicinal purposes. Angel Reich claimed she used marijuana to keep herself alive. Court conceded that congress had the power to control or ban marijuana for non-medical use, but banning medicinal marijuanna was permissible as a way of preventing or limiting access to marijuana for non-medicinal uses.

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14
Q

Arizona v US

A

Az law to regulate immigration. Struck down 3provisions of the state law:
1 requiring legal immigrants to carry registration docs at all times.
2 allowing state police to arrest any individual for suspicion of being alien.
3 making it a crime for illegal aliens to search for jobs.
They upheld the provision to investigate the immigration status of individual stopped detained or arrested.

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15
Q

Fl v us dept of HHS (2012)

A

Challenged all citizens to buy health insurance and the expansion of Medicaid which were part of the affordable care act of 2010. 5-4 decision court upheld individual mandate requiring Americans to buy health insurance or pay a penalty. Provision on interstate commerce clause was not upheld but was under congress’ right to tax.

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16
Q

Reynolds v us(1978)

A

First case testing the free exercise clause. Practicing polygamist in Utah. Read clause as protecting beliefs and not practices that run counter to neutrally enforced criminal laws.

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17
Q

Sherbert v vernier (1963)

A

7th day Adventist challenged a sc state law requiring him to work on a Saturday. Court found unconstitutional because it significantly burdened religious exercise.

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18
Q

Empl div v smith

A

Reinterpreted decades of case law relative to exercise clause. Ended obligation of states to demonstrate a state interest and narrowly defined the burden to religious practice.

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19
Q

Church of lukumi babalu v city of Hialeah (1993)

A

Passed a law prohibiting animal sacrifice practiced by a large clandestine religion of mostly ex Cubans. Stuck down as being unconstitutional because it singled out religious groups

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20
Q

Everson v boe (1947)

A

Challenged a mo law that financially reimbursed parents of children attending parochial schools. Court upheld the law on the basis that it served a secular interest.

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21
Q

Engel v vitale(1962)

A

Challenged ny state practice of school prayer at beginning of day. Court ruled it violated the establishment cause.

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22
Q

Prior restraint

A

Preventing or censoring material before its spoken or published.

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23
Q

Sedition

A

Speech or writing the advocates or incites discontent or rebellion against the government

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24
Q

Sedition law of 1789

A

First sedition law used to stifle criticism of the ruling Federalist Party. Repealed after a few years.

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25
Q

Espionage act of 1918

A

Law was used to convict any war dissenters for writing or speaking against the war effort

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26
Q

Alien registration act of 1941(smith act)

A

Designed to convict any individual who advocated the violent overthrow of the government organizing any such group or conspiring to commit any of these crimes.

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27
Q

Dennis v us

A

Challenged the smith act as applied to the conviction of leaders of the American communist party. Supreme Court ruled that the provisions under the act were constitutional.

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28
Q

Brandenburg v Ohio

A

Challenged the smith act arguing that it was a violation of the freedom of speech clause. The Supreme Court ruled that as such , the law was unconstitutional and that the government had to show “ imminent danger” or it’s likelihood the present day standard of sedition.

29
Q

Hazelwood schools v kuhlmeier

A

Student,s challenge of his principal’s right to block controversial articles in the school paper. Supreme Court ruled in favor of the school since the paper was published under the school’s name

30
Q

Miller v California

A

Challenged of material deemed “pornographic “ est the miller test. Found appealing to the prurient interest by an average person applying contemporary community standards , depicts sexual conduct in an offensive way and has no serious literary artistic political or scientific value.

31
Q

Ny times v Sullivan

A

Paper advertisement described actions against civil rights protestors some inaccurate involving the police force of mont al and was found guilty of libel(written word) under al law. 9-0 decision al law constitutionally deficient also public officials and figures require a higher standard

32
Q

Freedom of association

A

Associate with or organize any group , gathering, club, or association.

33
Q

Chicago v morales

A

Challenged the anti loitering ordinance to deal with gang violence. Sc ruled the ordinance as unconstitutional because it violated the 1st amendment

34
Q

McDonald v Chicago

A

Chicago law that did not permit the registration of handguns for city residents
Court ruled unconstitutional however laws can set criteria for issuing the possession of firearms.

35
Q

Map v Ohio

A

Appealed conviction on the grounds that the search of her home was illegal since the evidence found was not listed in the search warrant. Overturned the conviction and thus created the exclusionary rule.

36
Q

Olmstead v us

A

Challenged the conviction on evidence obtained using technology not mentioned in the constitution conviction upheld since the need for a search warrant was not needed for tapping telephone conversations.

37
Q

NJ v tlo

A

Students’ caught smoking in the girls’ bathroom were searched and found in possession of marijuana were arrested and convicted. Appealed on grounds of illegal search. Supreme Court ruled against tlo setting new standards for school officials who may search students under reasonable suspicion.

38
Q

Miranda v az

A

Appealed conviction on the grounds that he did not understand his rights during interrogation. Conviction overturned and giving rise to the Miranda rights

39
Q

Due process clause

A

Grand jury indictment
Double jeopardy
Assistance of defense counsel

40
Q

Powell v al

A

Scottsboro boys. 9 African men accused of raping two white girls. Sentenced to death in a one day trial except for one. Conviction upheld in al. Sc conviction overturned based on three points fair and impartial trial , denied right of counsel, and did not have a qualified jury of peers.

41
Q

Kennedy v Louisiana

A

Kennedy was convicted and sentenced to death for the brutal rape of his 8 yo step daughter. He challenged saying it was to harsh of a crime. Sc overturned on no national consensus on the death penalty for the rape of children.

42
Q

Suspect classifications

A

Racial profiling.

43
Q

Dred scott v Sanford

A

Dred scott decision. Dealt with issues of slavery in a non slave state. Born in Virginia. Transported to Illinois. Sought freedom. Sc ruled was a citizen, was property not an individual, not a freeman and Africans could never be free. Or a citizen of the the us

44
Q

Jim Crow laws.

A

State and local laws that mandated de Jure racial segregation in all public facilities. 1890, separate but equal status for African amer were primarily applied in southern states. Ex. Poll taxes, segregated schools and public places, literacy test.

45
Q

Palest v ferguson.

A

Contesting racial segregation of the e Louisiana rr under the 14th amendment separate but equal was perfectly constitutional.

46
Q

Brown v. Topeka board of Ed

A

Constitutionality of separate but equal. Undid plessy v ferguson.

47
Q

Boling v sharpe

A

Companion case to brown v boe applied to dc. Also found segregated schools unconstitutional. Dc a political district.

48
Q

Civil rights acts of 1964

A

Outlawed discrimination based on color, race, religion, sex, or national origin. Passed under interstate commerce.
II. Equality in public places.
VII. Equality in employment
IX. Equality of education

49
Q

Roe v wade

A

Woman to have abortion

Ruled unconstitutional due to 9th amend.

50
Q

Reed v reed

A

Idaho state policy of preferential selection of men to administer estates. Sc dissimilar treatment of men and women unconstitutional.

51
Q

Privacy of sex

A

Regulation of sexual behavior as preview of the state.

52
Q

Loving v Virginia.

A

Anti-miscegenation statue under the racial integrity act

Black wife white husband. Thrown out of the state. Challenged act. Sc ruled unconstitutional in a unanimous decision.

53
Q

Griswald v Connecticut

A

Challenged law banning sale of contraceptives. Invalidated the law on the grounds that it violated the right to marital privacy.

54
Q

Gonzales v carhart

A

Partial birth abortion. District supported the challenge. Sc overturned the lower court decision and ruled the law constitutional.

55
Q

Martin v zinherl

A

Pre-marital sex. Ms Martin arrested after she reported contracting std from mr zinherl. Court ruled Virginia anti fornication law violated the 14 amendment.

56
Q

Sexual harassment

A

Sexual favor as a condition of employment or promotion, hostile work environment, offensive sexual teasing joking or obscenity.

57
Q

Affirmative action

A

Designed to increase minority participation. Preferential treatment

58
Q

Regents of UofCA V Bakke

A

Race for admissions to medical school. Ruled against due to its inflexibility.

59
Q

Fullilove v klutznick

A

Affirmative action program based on some modest quotas.

60
Q

Gratz v bollinger

A

UofMI UNDERGRADUATE affirmative action admission policy court upheld compelling interest.

61
Q

Grutter v bollinger

A

UofMI AFFIRMITAVE action policy for admission to its law school. Supported by lower courts but later overturned by Supreme Court.

62
Q

Fisher v UofTx.

A

Current case to be heard by Supreme Court challenging the schools affirmative action policies for undergrads admissions. Conservatives view this as social engineering.

63
Q

PGA tour v Martin.

A

Required disabilities to walk the course. Ruled unconstitutional

64
Q

Chevron v echazabal

A

Found threat to self.

65
Q

Bowers v hardwick

A

Georgia’s sodomy law. Ruled that the right to privacy does not prevent the criminalization of such conduct.

66
Q

Romer v Evans.

A

Provisions in the Colorado constitution repealing anti-discrimination laws. Found colo provision lacked a rational basis and violated equal protection rights to homosexuals

67
Q

Boy Scouts v dale

A

Homosexual barred from participating in the BSA. right to associate clause. Private organization.

68
Q

Lawrence v Texas

A

Tx law criminalizing homosexual sodomy court over ruled bowers v hardwick. Finding that the law lacked legitimate interest.

Government (2 decks)

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