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Civil Liberties > Test 2 > Flashcards

Test 2 Flashcards

1
Q

Dred Scott v. Sandford

A

Scott argues he should be free, Court says no because he is property and not a citizen therefore they aren’t protected by the constitution

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2
Q

The Prize Cases

A

Owners of ships argued that Lincoln’s blockade was unconstitutional, Court said it was okay

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3
Q

Ex Parte Merryman

A

Merryman is detained without a writ, Lincoln suspended writ of habeas corpus for the entire country

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4
Q

Ex Parte Milligan

A

Military wanted to try Milligan in a military tribunal, court determined this is not right because he deserves a trial by jury

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5
Q

13th amendment

A

Congress prohibited slavery and involuntary servitude, congress can enforce this by appropriate legislation
APPLIES TO PRIVATE AND STATE ACTORS

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6
Q

14th amendment

A

Equal protection
Privileges and immunities (short leg)
Due process

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7
Q

15th amendment

A

Everyone has the right to vote and the states cannot discriminate based on race, color, or previous conditions of servitude

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8
Q

Corfield v. Coryell

A

NJ can prohibit out of state people from collecting shellfish in the states waters. Court held that they could

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9
Q

Strauder v. West Virginia

A

Court couldn’t prohibit people from being on a jury because of race

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10
Q

Peremptory challenge

A

When a juror is removed from a jury

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11
Q

Civil rights cases (state actors not private)

A

5 similar cases consolidated into one. Does congress have the authority to regulate discriminatory acts of private individuals. Court held no, congress doesn’t have the authority.

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12
Q

Pace v. Alabama

A

Court ruled that anti-miscegenation statute was ok because both parties were punished equally

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13
Q

Yick Wo v. Hopkins

A

City passed ordinance saying laundries from operating in wooden buildings without a permit. The city only gave permits to whites. Application was discriminatory, violates equal protection

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14
Q

Plessy v. Ferguson

A

Separate car act, Plessy is fined for sitting in a white car, Plessy says this violates his 13th and 14th amendments. Court dismisses 13th, says 14th protects political rights not social. Court says discrimination doesn’t make them inferior. Separate but equal

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15
Q

16th amendment

A

Federal income tax

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16
Q

17th amendment

A

Popular elections for the senate

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17
Q

18th amendment

A

Prohibition

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18
Q

19th amendment

A

Suffrage for women

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19
Q

20th amendment

A

Date for presidential terms and sessions of congress

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20
Q

21st amendment

A

Repeals prohibition

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21
Q

Procedural due process

A

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

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22
Q

Substantive due process

A

Protected unenumerated rights typically economic rights in the 1900’s

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23
Q

Lochner v. New York

A

Maximum hour regulations for bakeries. Lochner says this violates freedom of contract under due process in the 14th. Court doesn’t uphold law

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24
Q

Due process test seen in Lochner

A
  • is it fair, reasonable and appropriate exercise of police power
  • is it unreasonable, unnecessary and arbitrary interference with the rights of an individual
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25
Q

Muller v. Oregon

A

Muller had max hours for female employees. He was fired for violating an Oregon statute stating female cant work more than 10 hrs. Court unanimously upheld the Oregon statute

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26
Q

Adkins v. Children’s hospital

A

Minimum wage laws for women were struck down as arbitrary interference in the bargaining process.

27
Q

Reynolds v. U.S.

A

Polygamy

28
Q

Meyer v. Nebraska

A

Can’t teach a foreign language

29
Q

Espionage Act and Sedition Act

A

Criminalized interference with the war effort and military recruitment, aiding a nation at war with the U.S, cant talk bad about the government

30
Q

Baltzer v. United States

A

SD governor was criticized for administering the draft, petition was signed, prosecution was abandoned

31
Q

Schenck v. U.S.

A

Someone printed and mailed leaflets urging men not to submit to the draft, he argued this violated the 13th amendment. Court upheld he violated the espionage act

32
Q

Brandenburg v. Ohio

A

Brandenburg was prosecuted under Ohios criminal syndicalism statute. (Doctrine of criminal acts for political, industrial, and social change)

33
Q

Court developed a new test on when they can interfere

A

1) intent- to produce lawless action
2) imminence- of lawless action
3) likelihood- of lawless action
After all three, government can interfere

34
Q

Moore v. Dempsey

A

The Elaine race riot.

Defendants were evicted in a mob like atmosphere

35
Q

Weeks v. U.S.

A

Police searched mans house without a warrant,

You cant use evidence obtained illegally

36
Q

People v. Defore

A

Police arrested defore on suspicion of a stolen coat, found an illegal weapon. They didnt have an arrest warrant or a search warrant. NY didnt exclude illegally obtained evidence

37
Q

Powell v. Alabama

A

Black and white teenagers fight on a train. All blacks are sentenced to death, counsel was appoint the day of the trial.

38
Q

Why was the bill of rights ratified?

A

Because states were afraid of the power of the federal government

39
Q

Should the bill of rights apply to the states?

A

No; Barron v. Baltimore DOES NOT APPLY

40
Q

Total Incorporation

A

Advantage: helps with judicial restraint; relatively easy
Disadvantage: what about federalism

41
Q

Non-incorporation

A

Federalism

Separation of powers

42
Q

Duncan v. Louisiana

A

Criminals deserve jury trials

43
Q

McDonald v. Chicago

A

Criminalized owning a firearm, law prohibited registrations of handguns. Argued that 2nd amendment should apply to states. 2nd amendment was incorporated against the states

44
Q

Levels of Scrutiny

A

Strict
Intermediate
Rational basis

45
Q

Strict scrutiny

A

Compelling governmental interest

Narrowly tailored/less restrictive means

46
Q

Intermediate scrutiny

A

Important governmental interests

Law is substantially related

47
Q

Rational basis

A

Legitimate governmental interests

Law is rationally related

48
Q

Home building & loans. Blaisdell

A

Time period for overdue mortgages. Upheld the law, the contracts clause did not prevent states from protecting the public interest

49
Q

Everson v. Board of Education of Ewing township

A

Reimbursements to parents who used public transit for their kids. Court upheld the law. No establishment b/c funds were available equally to parents

50
Q

Engel v. Vitale

A

Unconstitutional for public schools officials to compose a prayer and encourage recitation. Doesn’t matter if prayer is non-denominational or voluntary

51
Q

Epperson v. Arkansas

A

Can’t teach evolution in public schools. Court upheld that school districts cant selectively withdraw material from curriculum just because it violates some persons religious beliefs. To permit this would violate the neutrality principle

52
Q

Edwards v. Aguillard

A

LA passed a law requiring public school teacher who taught evolution to also teach creation science and vice versa. Court struck down the law, the act violated the establishment clause because it was intended to promote religion

53
Q

Lemon v. Kurtzman

A

PA and Rhode Island statutes provided aid to church-related schools. Violates the establishment clause

54
Q

3 factors of the Lemon test

A

1) Does the statute have a secular legislative purpose
2) is the principal effect are advances or inhibits religion
3) does the statute foster an excessive entanglement with religion

55
Q

Santa Fe Independent School District v. Doe

A

Public prayer before a football game violates the establishment clause. Court struck this down

56
Q

Lemon test

A

Specific purpose of the policy was to preserve a state sponsored religious practice

57
Q

Direct coercion test

A

Because no one was compelled to pray, they found no violation of the 1st amendment

58
Q

Indirect coercion test

A

Because non religious people might be made uncomfortable, there was a violation of the first amendment

59
Q

Endorsement test

A

School was promoting prayer before a game which endorsed a religious perspective

60
Q

Minersville school district v. Gobitis

A

Ruled that communities could require children to salute the flag
Court overruled this decision in West VA School Board v. Brunette. Violates free speech and religious freedom

61
Q

NAACP v. Alabama

A

Can’t force the NAACP to hand over a list of their members

62
Q

NY Times v. Sullivan

A

Established actual malice standard before public figures can be considered for defamation and libel

63
Q

Tinker v. Des Moines Ind. School District

A

Students cant be suspended because their protest doesn’t distrust the classroom

Civil Liberties (1 decks)

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