Test #2 Flashcards
Barron v Baltimore
Incorporation
Barron sued Baltimore for depriving him from deep waters on his co-owned wharf which helped his business
Ruling: 5th amendment did not apply to states so they didnt have any jurisdiction in the case
Schenk v US
1st Amendment-free speech
Schenk sent 1500 leaflets urging draftees and soldiers to resist draft
ruling: 1st amanedment does not protect him due to “clear and present danger”
Gitlow v NY
1st Amendment-free speech
Gitlow distributed copies of a left wing manifesto that called for establishment of socialism through strikes
ruling: state may forbid both speech and publication if they have a “dangerous tendency”
US v O’Brien
1st Amendment- free speech
O’Brien burned his draft card at a Boston courthouse
ruling: cant burn draft card because it interfers with compelling state interest of gov
Brandenburg v Ohio
1st Amendment- free speech
Brandenburg was convicted under an Ohio criminal syndicalism law for a speech at a KKK meeting
ruling: Ohio violated his right to free speech
Tinker v DesMoines
1st Amendment- free speech
wore black armbands to show support of truce in the Vietnam war, principal suspended them
ruling: violated students freedom of speech
Morse v Frederick
1st Amendment- free speech
Frederick held up a banner saying Bong Hits 4 Jesus, principal suspended him
ruling: pro-illegal drug messages are not protected
Texas v Johnson
1st amendment-free speech
Johnson burned an American flag as a means of protest against Reagan administration policies
ruling: johnson was protected expression under the 1st amend.
Snyder v Phelps
1st amendment-free speech
Synder sues church for holding signs saying “thank god for dead soldiers” at a funeral
ruling: protects protesting of a military service member
Citizen United v Federal Election Commission
1st amenedment- free speech
citizens united was against the movie Hilary which promoted Hilary clinton
ruling: corporations are people and have free speech rights
New York Times v Sullivan
1st amendment- free speech
Sullivan claimed that the allegations against the Montgomery police defamed him personally
ruling: First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice
Hustler Magazine v Falwell
1st Amendment- free speech
Hustler made a parody of Falwell having sex with his mom in an outhouse
ruling: political satire is free speech
Chaplinksky v New Hampshire
unprotected speech
man called a cop “goddamed racketeer”
ruling: court may ban speech known as “fighting words”
Dennis v US
unprotected speech
used clear and probable danger test
ruling: no protection for speech that inflicts injury or tends to incite an immediate breach of the peace
The Miller Obscenity Test
unprotected speech
test to determine whether something was obscene
ruling: 3 part test, if a speech meets one or more of these criteria then it may be deemed obscene
1. appeals prurient interest
2. patently offensive sexual conduct displayed that is specifically prohibited by an antiobscenity law
3. lacks literary, artistic, political, or scientific value
Reno v ACLU
unprotected speech
congress passed the communications decency act which was designed to regulate the online transmission of obscene material
ruling: struck down CDA cuz it suppressed speech that adults have a right to recieve
West virginia state board of education v barnette
1st amendment religious exercise
forcing the pledge of allegiance upon students in schools
ruling: it violates the free exercise law
Burwell v Hobby Lobby
1st amendment religious exercise
chrisitan group that owns a store didnt want to pay for contraceptives and forcing them to do so would violate their free exercise rights
ruling: corporation is a person and has right of free religion
employment division v smith
1st amendment religious exercise
fired for using peyote (hallucinogens) for a religious ritual and wanted employment compensation
ruling: even though peyote was used in a religious ritual, state could deny unemployment benefits for using illegal drugs
Near v Minnesota
1st amendment- free press
Near published something saying officials were with gangsters and he was not allowed to publish.
ruling: 1st amendment prohibits government agencies from trying to prevent newspapers or magazines from publishing whatever they wish. “Prior restraint” protection.
NY times v US
1st amendment- free speech
pentagon papers case
ruling: gov could not block publication of secret defense department documents given to ny times by an opponent of the vietnam war who got the documents illegally
US v miller
2nd amendment
Miller was charged with violating national firearms act when he transported a double barrel 12 gauge shotgun in interstate commerce
ruling: the Second Amendment does not guarantee an individual the right to keep and bear a sawed-off double barrel shotgun.
DC v Heller
2nd amendment
heller applied for a one year license for a handgun to keep at home but was denied, sued DC
ruling: gave the right to bear arms under 2nd amendment
McDonald v Chicago
2nd Amendment
chicago put a handgun ban but second amendments should apply to states also
ruling: Chicago’s handgun ban violated an individual’s right to keep and bear arms for self-defense.
Mapp v Ohio
4th Amendment
Mapp was convicted of possesing obscene materials after an illegal search of her home for a fugitive
ruling: all evidence obtained by search and siezure in violation of the constitution is inadmissible in a state court
Palko v connecticut
5th amendment
palko was charged for first degree murder but was convicted of second degree murder and sentenced to life. then again found guilty of first degree and sentenced to death
ruling: Protection against double jeopardy was not a fundamental right
miranda v arizona
5th amanedment
miranda was arrested for a kidnapping and rape, miranda wrote a confession
ruling: police are required to tell people their rights
benton v maryland
5th amendment
he was convicted for larceny twice
ruling: double jeopardy clause constrains the actions of state courts
berghuis v thompkins
5th amendment
Thompkins argued that his confession was obtained in violation of the Fifth Amendment and that he was denied effective counsel at trial.
ruling: unless you explicitly tell the police that you don’t intend to incriminate yourself and that you want to exercise your right to remain silent, anything you say can and will be used against you
gideon v wainwright
6th amendment
didnt have a lawyer and had to defend himself in court
ruling: Constitution requires states to provide an attorney to criminal defendants charged with offenses who cannot afford lawyers themselves
furman v georgia
8th amendment
sentenced to death for tripping and accidentally shooting someone
ruling: struck down all the death penalty laws in the country
gregg v georgia
8th amendment
robery and murder, got death sentence
ruling: death penalty was not cruel and unusual
griswold v connecticut
9th amendment
Griswold and her colleague were convicted under a Connecticut law which criminalized the provision of counselling, and other medical treatment, to married persons for purposes of preventing conception.
ruling: right to privacy in marital relations
roe v wade
9th amendment
texas prohibited roes abortion
ruling: Women’s constitutional right to abortion is based upon right to privacy
bowers v hardwick
9th amendment
hardwick was observed by a Georgia police officer while engaging in the act of consensual homosexual sodomy with another adult in the bedroom of his home.
ruling: court declined the right to privacy for gays
lawerence v texas
9th amendment
Lawrence and Garner were arrested and convicted of deviate sexual intercourse
ruling: repealed bowers v harwick, gays can do their thangg
dred scott v stanford
african american civil rights
dred scott was a slave. when he went to a free state, he said he was free
ruling: just because hes in a free state does not make him free
plessy v ferguson
african american civil rights
plessy is 7/8 white sat in the whites only car and refused to move
ruling: seperate but equal rights do not violate the 14th amendment
brown v board
african american civil rights
brown took his daughter to an all white school and was refused
ruling: facilities no longer had power to use race as a reason to discriminate
shelby county alabama v holder
african american civil rights
shelby county alabama said section 5 and 4b of the voting rights act were unconstitutional
ruling: struck down part because it was unconstitutional
franklin v gwinnett
womens civil rights ruling
franklin was sexually harrassed and sued under title IX
ruling: students subjected to sexual harrassment may sue for monetary damages under title IX
reed v reed
womens civil rights ruling
after son died, both parents wanted to be administrators but the dad got it
ruling: dissimilar treatment of men and women was unconstitutional
craig v boren
womens civil rights ruling
oklahoma pohibited nonintoxicating beer to males under age 21 and females under age 18
ruling: uncondtitutional gender classifications
us v virginia
womens civil rights ruling
boy only school was unconstitutional.
ruling: no more male only schools
ledbetter v goodyear
womens civil rights ruling
ledbetter was paid 40% less than male supervisors
ruling: must file their grievance 180 days after the discrimination occurs
mendez v westminister
latino civil rights
mexican and mexican americans were segregated into mexican schoools
ruling: ruled in favor of desegregation
corpus christi isd v cisneros
latino civil rights
mexican americans were an a minority group illegally segregated by gov action
ruling: 14th amendment protected latinos
Arizona v US
latinos civil rights
US sought to stop the enforcement of SB 1070
ruling: changed provision 1 2 and 4 not 3
US v Windsor
LGBT
spyer died and left windsor (spouse) her estate but their marriage was not recognized by the fed law
ruling: overturned a law that denied federal benefits to same sex couples. people who live in states of same sex marriage recieve fed privileges
Obergefell v Hodges
LGBT
ruling: fundamental right to marry is gaurenteed to same sex couples by due process clause and equal protection clause
Romer v Evans
LGBT
gay and lesbian rights movement sough suitable legal cases to test the constitutionality of discrimination against gays
ruling: discrimination against gays is unconstitutional
Bakke v University of California
Affirmative action
Bakke was rejected from med school twice because of his race
ruling: allowed race to be a factor but made quotas
grutter v bollinger
affirmative action grutter (white) applied to law school that admits they use race as a factor in making admissions decisions becasuse it serves a compelling interest in achieving diversity ruling: school had complling interest in promoting class diversity
parent involved v seattle
Affirmative action
school assignment plans by making race one factor in assigning students to schools
ruling: unconstitutional because discriminates against white students
fisher v unitersity of texas
Affirmative action
white student challanged the use of race as one factor among many in admissions decisions
ruling: court sent case back to district court with instructions to apply “strict scrutiny” to the schools policy
13th amendment
abolish slavery
14th amendment
privilege of immunities, due process, equal protection
15th amendment
voting rights to blacks
16th amendment
imposed federal income tax
17th amendment
direct election of senators
18th amendment
prohibition
19th amendment
women got the right to vote
20th amendment
sets the dates at which federal gov elected offices end and who succeeds the president
21 amendment
ended prohibition
22nd amendment
two term limit on president
23rd amendment
citizens of distric of columbia got the right to vote by granting the district electors in the electoral college as if it were a state
substantive limits
limits on what the gov can or cannot do
procedural limits
rules regarding how the gov must act
selective incorporation
considered each protection individually, one case at a time
freedom speech tests
clear and present danger test
bad tendency test
clear and probable danger test
imminent lawless action test
speech is restricted only if it goes beyond mere advocacy to create a high likelihood of imminent disorder or lawlessness
unprotected speech
libel-written and slander-spoken (false statements that harm the reputation of another person
obscenity- indecent or offensive speech
fighting words- speech that inflicts injury or results in public disorder
prior restraint
attempt to block the publication of material that is considered harmful
criminal due process rights
4, 5, 6, 8. establish the guidlines that the gove must follow in investigating, bringing to trial, and punishing individuals who violate criminal law
exclusionary rule
procedural rule stating evidence obtained illegally cannot be used in trial
4th amendment
bars police from conducting any unreasonable searches and seizures
5th amendment
bars double jeaopardy
6th amendment
right to a speedy and public trial, a trial by a jury of ones peers, info about the charges against oneself, the confrontation of witnesses testifying against oneself
8th amendment
protection against cruel and unusual punishment
strict scrutiny
test to hear a challenge to laws with suspect classifications (race, ethnic origin, and religion)
heightened scrutiny
sex based discrimination cases
ordinary scrutiny
discrimination based on sexual orientation
jim crow laws
required the strict seperation of racial groups
de jure segregation
legally mandated seperation of the races
seperate but equal doctrine
aeperate but equal facilities do not violate the 14th amendments equal protection clause
civil rights act
outlaws arbitrary discrimination in voter registration practices within the states, bans discrimintation in public accommodations, prohibits state and local gov from banning access to public facilities on the basis of race religion or ethnicity, desegregate public schools, bars gov from discriminaion, establishes a standard of equality in employment
voting rights act
banner voter registration practices (literacy tests), mandadted fed interventions in any county where less than 50% of eligable voters are registered
de facto segregation
segregated schools in fact
equal rights amendment (era)
equality of rights under the law shall not be denied or arbridged by the us on account of sex
affirmative action
organization make intentional efforts to diversify its workforce by providing equal oppurtunity to classes of minorities
public opinion
values and attitudes that people have about issues events and personalities
most americans ascribe to the principles of
equality of oppurtunity (freedom to use whatever talents and wealth they have reached their fullest potential), liberty (freedom from gov control), democracy (system of rule that permits citizens to play a significant part in the gov process
political socialization
process through which underlying political beliefs and values are formed
3 powerful influences over public opinion
political leaders, private groups, media
random ssample
every individual has an equal probablity of being selected as a respondent
sampling error
polling error that arises based on the small size of the sample
push polling
the questions are designed to shape the respondents opinion
bandwagon effect
shift in electoral support to the candidate whom public opinion polls report as the front funner
interest groups
organization that tries to influence govs programs and policies
California interest groups
seek to influence policy decisions in the legislature, executive branch, and administrative agencies (third house)
pluralism
theory that citizens connect to the government through interest groups that compete in the public sphere
comes from fed 10
invigorate the market placce of ideas (bad ideas regected, good ideass embraces)
pluralist theory
emphasizes how important it is for a democracy to have large numbers of diverse interest groups representing a wide variety of views (democracy)
elite theory
ruling class composed of wealthy, educated individuals weilds most of the power in gov and withing the top universities, corps, and military (oligarchy)
6 different interest groups
buisness and agriculture, public, ideological, labor union, professional, public sector
key features of interest group organization
leadership, money, membership, collective goods
iron triangle
congress (committees in house and senate), executive agencies, defense contractors
