Unit 2 - Court System and Landmark Cases Flashcards
Wisconsin v. Yoder (1972)
free exercise of religion; don’t have to go to school until you’re 16 for religious reasons
Engel v. Vitale (1962)
freedom of religion; public school can’t require students to say a prayer –> violates Establishment Clause
Establishment Clause
prohibits the government from “establishing” a religion
Lemon v. Kurtzman (1971)
schools must pass the lemon test to get government funding; states don’t have to fund private education
Lemon Test
needs secular purpose; does not advance or inhibit religion; no excessive entanglement with religion
Schenck v. US (1919)
Schenck told people to go against draft and not go if drafted; SC ruled against Schenck –> said that his speech presented “clear and present danger”
Brandenburg v. Ohio (1969)
KKK member talking to other KKK members when Ohio arrested him; SC ruled with KKK member –> Ohio law violated 1st amendment (freedom of speech); although Brandenburg was not saying good things, that doesn’t mean it can be restricted
Tinker v. Des Moines (1969)
students wore armbands in protest of Vietnam war and school suspended them; SC said schools don’t have right to limit speech as long as it isn’t causing disruption or distraction in school
Texas v. Johnson (1989)
Johnson burned flag and was arrested; SC ruled his actions don’t violate Constitution (freedom of speech)
Symbolic Speech
nonverbal communication, such as burning a flag or wearing an armband
New York Times v. US (1971)
NYT published horrible article on government in paper regarding Vietnam; SC says NYT can keep publishing (freedom of press) –> government can’t use prior restraint
Prior Restraint
censorship imposed on expression that prohibits instances of expression
Miller v. US (1939)
people transporting unregistered weapons and were arrested; SC says 2nd amendment is not violated because unregistered weapons aren’t protected under constitution
McDonald v. Chicago (2010)
Chicago requires permits to own guns but doesn’t give any permits; SC says it violates 2nd amendment
Mapp v. Ohio (1961)
police looking for bombing suspect so they enter Mapp’s house without a warrant –> find illegal porn and arrest Mapp; SC says it violates 4th amendment
4th Amendment
protects against unreasonable searches and seizures; requires probable cause or a warrant; basis of law regarding stop-and-frisks, safety inspections, etc.
Exclusionary Rule
part of 4th amendment; if it’s obtained illegally (like without a warrant), it cannot be used in court
Griswold v. Connecticut (1965)
opened clinic that helped married people avoid getting pregnant (provided contraceptions); SC sided with Griswold and said clinic should remain open
9th amendment
right to privacy (marriage, etc.); has other rights not listed
14th amendment
due process clause and equal protection clause
Roe v. Wade (1973)
Roe argued that Texas can’t ban abortions; SC sided with Roe and that abortion is protected under the right to privacy
Due Process Law
part of 14th amendment; prohibits government from taking any action that would deprive someone of “life, liberty, or property without due process of law”
Jackson v. Dobbs (2022)
SC held that Constitution does not say anything on or allow abortion –> left to states to regulate
federalism
how power is divided between local, state, and federal governments
Gideon v. Wainwright (1963)
guy in Florida charged with breaking and entering and is arrested –> can’t afford a lawyer and Florida doesn’t give him one; SC says that states must provide a lawyer for people on trial
Miranda v. Arizona (1966)
Miranda is an immigrant who is arrested –> says he doesn’t understand his rights so he was convicted for no reason; SC agrees about his rights so he is retried but still found guilty (lol)
Plessy v. Ferguson (1896)
Plessy doesn’t sit in colored car on train and is arrested; SC rules that separate but equal is okay
Brown v. Board of Education (1954)
Brown wanted to enroll daughter in all white school but was denied; SC ruled that segregation is unconstitutional because it violates Equal Protection Clause
Equal Protection Clause
part of 14th amendment; government may not deny people equal protection of its governing laws
US v. Windsor (2013)
NY didn’t recognize same-sex marriage so Windsor and her wife couldn’t file together for taxes and couldn’t get inheritance tax free; SC says that DOMA goes against full faith and credit but didn’t legalize same-sex marriage
DOMA
defines marriage between people of opposite sex; ruled unconstitutional
full faith and credit
each state has to respect the “public acts, records, and judicial proceedings of every other state”
Obergefell v. Hodges (2015)
group of people argue that not legalizing gay marriage violates Due Process and Equal Protection clauses; SC agrees and says states can’t ban gay marriage
US v. Lopez (1995)
Lopez brings a gun to school and is charged with violating a gun free zone –> government has power to regulate interstate commerce which is why law is allowed –> court disagrees
Baker v. Carr (1961)
TN urban population grew faster which means they had less power in voting compared to rural population based on district boundaries; Baker argues if you were white you had more power in voting (white people lived in rural areas); SC decides it was unequal under 14th amendment and makes many states redraw boundaries
Shaw v. Reno (1993)
trying to gerrymander to make majority minority district based on race –> argues it’s unequal; SC decides it’s unconstitutional to make district based on race
Citizens United v. RED (2010)
CU made movie that made Hillary Clinton look like shit; RED said movie violated law because they needed approval from Clinton; SC says CU is allowed to voice opinions even though they are a big company (freedom of speech)
Barron v. Baltimore (1833)
Barron sued for someone doing construction around property and causing damage –> violates 5th amendment; SC says Baltimore can’t take property
5th amendment
protects against double-jeopardy, self-incrimination, or testifying against yourself; eminent domain
Gitlow v. New York (1925)
Gitlow revolted using political strikes and protests and argued that New York doesn’t protect first amendment right –> selective incorporation of first amendment to states
Gitlow v. New York (1925)
Gitlow revolted using political strikes and protests and argued that New York doesn’t protect first amendment right –> selective incorporation of first amendment to states
commercial speech
communication in the form of advertising, which can be restricted more than many other types of speech
civil law
two private parties disputing about money or property; no crime is actually committed
criminal law
someone actually committed a crime
appellate court
constitutional or unconstitutional (not talking about guilty or not guilty)
standing to sue
the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from another party or from an action of government
original jurisdiction
the jurisdiction of courts that hear a case first, usually in a trial; these are courts that determine the facts about a case
district courts
the 91 federal courts of original jurisdiction; they are the only federal courts in which trials are held and in which juries may be impaneled
solicitor general
a presidential appointee and the third-ranking office in the Department of Justice; the solicitor general is in charge of the appellate court litigation of the federal government
judicial implementation
how and whether court decisions are translated into actual policy, thereby affecting the behavior of others; the courts rely on other units of government to enforce their decisions
Marbury v. Madison (1803)
Chief Justice John Marshall and his associates first asserted the right of the SC to determine the meaning of the US constitution; established the court’s power of judicial review over acts of congress
judicial review
power of the courts to determine whether acts of congress and by implication the executive are in accord with the US Constitution
judicial restraint
an approach to decision making in which judges play minimal policymaking roles and defer to legislatures whenever possible –> courts are only there to determine constitutionality
judicial activism
an approach to decision making in which judges sometimes make bold policy decisions, even charting new constitutional ground –> more liberal (if there’s a problem, court should fix it)
statutory construction
the judicial interpretation of an act of Congress; in some cases where statutory construction is an issue, Congress passes new legislation to clarify existing laws
dissenting opinion
minority side of the SC decision
concerning opinion
in the majority of the SC decision but for different political reasons
rule of 4
4 justices must agree to hear the case before the case is taken (not the majority)
