Amendments, Supreme court cases, Vocab
stare decisis
A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle.
Writ of certiorari
A formal writ used to bring a case before the Supreme Court
judicial activism
A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process.
judicial restraint
A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
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.
justiciable disputes
A requirement that to be heard a case must be capable of being settled as a matter of law rather than on other grounds as is commonly the case in legislative bodies
original intent
A view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view.
13th Amendment
Abolished slavery. First of three "Reconstruction Amendments" passed after Civil War (1865-70)
24th Amendment
Abolishes poll taxes.
Dissenting opinion
An opinion disagreeing with the majority in a Supreme Court ruling
Concurring opinions
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning
courts of appeal
Appellate courts empowered to review all final decisions of district courts, except in rare cases. In addition, they also hear appeals to orders of many federal regulatory agencies. 13 federal circuit courts
Selective Incorporation
Applying the amendments to the states on a case-by-case basis
McCulloch v Maryland
Confirmed the right of Congress to utilize implied powers to carry out its expressed powers. Validated the supremacy of the national government over the states by declaring that states cannot interfere with or tax the legitimate activities of the federal government. 1819
18th Amendment
Prohibition of alcohol.
21st Amendment
Repeal of Prohibition.
3rd Amendment
Restricts quartering of troops in private homes.
5th Amendment
Right of Accused Persons/ Indictment of Grand Jury (1) No Self-Incrimination (Miranda) (2) No Double Jeopardy (defendant cannot be tried again on the same, or similar charges) (3) No deprivation of life liberty or property without "due process of law" (fair treatment) (4) Eminent domain.
2nd Amendment
Right to bear arms; regulated militia is necessary to the security of a free country.
7th Amendment
Right to jury in civil trials.
Dred Scott v Sanford
Ruled that African Americans were not citizens and there fore could not petition the Supreme Court. Overturned by the 14th Amendment. 1857
Griswold v Connecticut
Ruled that a Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. Established an important precedent for Roe v Wade. 1965
Roe v Wade
Ruled that a decision to obtain an abortion is protected by the right to privacy implied by the Bill of Rights. 1973
Texas v Johnson
Ruled that flag burning is a form of symbolic speech protected by the First Amendment. 1989
Schenk v US
Ruled that free speech could be limited when it presents a "clear and present danger..." Established the "clear and present danger" test to define conditions under which public authorities can limit free speech. 1919
New York Times v Sullivan
Ruled that public officials cannot win a suit for defamation unless the statement is made with "actual malice." Established the "actual malice" standard to promote "uninhibited, robust, and wide-open" public debate. 1964
Brown v Board of Education I
Ruled that racially segregated school violated the Equal Protection Clause of the 14th Amendment. Reversed the principle of "separate but equal" from Plessey. 1954
Obergefell v Hodges
Ruled that the 14th amendment requires a state to license a marriage between 2 people of the same sex 2015
Gideon v Wainwright
Ruled that the 6th Amendment right-to-counsel provision applies to those accused of major crimes under state laws. Illustrated the process of selective incorporation through the Due Process Clause of the 14th Amendment. 1963
Barron v Baltimore
Ruled that the Bill of Rights cannot be applied to the states. 1833
Regents of the UC vs. Bakke
Ruled that the medical school's strict quota system denied a white student the equal protection guaranteed by the 14th amendment. Ruled that race could be used as one factor among others in the competition for available places. 1978
Miranda v Arizona
Ruled that the police must inform criminal suspects of their constitutional rights before questioning suspects after arrest. Required police to read the Miranda rules to criminal suspects. 1966
US v Nixon
Ruled that there is no constitutional guarantee of unqualified executive privilege 1974
Bush v Gore
SCOTUS stops the Florida 2000 Presidential Election recount based on the "equal protection clause" of the 14th Amendment 2000
15th Amendment
States cannot deny any person the right to vote because of race, color, or previous condition of servitude. Third of three "Reconstruction Amendments" passed after Civil War. First Voting Rights Amendment (with 19, 24 & 26).
26th Amendment
States cannot deny the right to vote based on age (18+).
19th Amendment
States cannot deny the right to vote based on gender.
Gibbons v Ogden
Strengthened the power of the federal government to regulate interstate commerce. Established the commerce clause's role as a key vehicle for the expansion of federal power. 1833
Lemon v Kurtzman
Struck down state funding for private religious schools. Ruled that state aid to church-related school must meet three tests: a) the purpose of the aid must be secular, b) the govt's action must neither help nor inhibit religion and c) the govt's action must not foster an "excessive entanglement. 1971
Engel v Vitale
Struck down state-sponsored prayer in public schools. Rules that the Regent's prayer was an unconstitutional violation of the Establishment Clause. 1962
United States v. Nixon
The 1974 case in which the Supreme Court unanimously held that the doctrine of executive priveledge was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions
district courts
The 94 Federal courts of original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled.
Bush v. Gore
The Court reversed the judgment of the Supreme Court of Florida ordering a recount of the state's votes, saying that since the recount would be handled differently in every county, it violated the equal protection clause.
Hazelwood v Kulmeier
The Court ruled that administrators may edit the content of school newspapers
Gitlow v New York
Established precedent for the doctrine of selective incorporation, thus extending most of the requirements of the Bill of Rights to the states. 1925
17th Amendment
Established the direct election of senators (instead of being chosen by state legislatures).
Wesberry v Sanders
Established the principle of "one man, one vote" in drawing congressional districts. Triggered widespread redistricting that gave cities and suburbs greater representation in Congress. 1964
Marbury v Madison
Established the principle of judicial review. Strengthened the power of the judicial branch by giving the Supreme Court the authority to declare acts of Congress unconstitutional. 1803
Atkins v. Virginia
Execution of mentally handicapped criminals qualifies as "Cruel and Unusual Punishment"
Mapp v Ohio
Extended the exclusionary rule to the states. Illustrated the process of selective incorporation through the Due Process Clause of the 14th Amendment. 1961
1st Amendment
Freedom of religion (establishment & free exercise clauses), speech, press, assembly, and petition.
16th Amendment
Gives Congress the power to levy the income tax.
23rd Amendment
Gives Washington DC electoral college votes as if it were a state (DC still has no representation in Congress).
8th Amendment
Government cannot inflict cruel and unusual punishment or excessive bail. Meaning of "cruel" based on "evolving standards of decency that mark the progress of a maturing society." Categorical bans on death penalty: juveniles, retarded, non-murder crimes.
U.S. v Lopez
Gun Free Zones Act exceeded Congress authority to use the commerce clause to regulate gun procession near a school 1973
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.
Majority Opinion
Judicial opinion agreed to by more than half of the members of the court. Sets forth the decision of the court and an explanation of the rationale behind the court's decision.
Strict scrutiny
Law is inherently suspect, used for race and religion
class action suits
Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated.
amicus curiae briefs
Legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court's decision.
22nd Amendment
Limits the president to two terms.
Oregon v. Smith
Native Americans can not use peyote as part of a religious ceremony
4th Amendment
No "unreasonable" searches and seizures without a warrant or probable cause that a search will produce evidence of a crime; Exclusionary Rule.
District of Columbia v. Heller
Overturning the District of Columbia's handgun ban, the court ruled that the 2nd Amendment protects the individual right to own a gun for private use — not only in connection with service in a militia.
10th Amendment
Powers not expressly given to federal government by the Constitution are reserved to states or the people. Also known as "reserved powers amendment" or "states' rights amendment."
9th Amendment
Unenumerated Rights Amendment. Citizens have unenumerated rights in addition to those stated in the Constitution. Not been developed by Supreme Court. Not everything can be written down.
Plessy v Ferguson
Upheld Jim Crow desegregation by approving "separate but equal" public facilities for African Americans. 1896
Buckley v Valeo
Upheld federal limits on campaign contributions. Struck down the portion of the Federal election Campaign Act limiting the amount of money individuals can contribute to their own campaign. Ruled that spending money on one's own campaign is a form of constitutionally protected speech. Complicated congressional efforts to enact significant campaign finance reform. 1975
Greg v Georgia
Upheld the constitutionality of the death penalty (not enforced in a arbitrary manner, overturned Foreman v Georgia (1972)
Korematsu v US
Upheld the constitutionality of the relocation of Japanese Americans as a wartime necessity. Viewed by contemporary scholars as a flagrant violation of civil liberties. 1944
National Federation of Independent Business v. Sebelius
Upheld the individual mandate to buy health insurance as a constitutional exercise of Congress' taxing power 2012
Citizens United v F.E.C.
While a ban on direct contributions to candidates was left in place, the majority reasoned that the speech limits (money spent) violated the First Amendment and chilled political expression. 2010
precedent
an earlier decision that acts as an example for cases to follow
Shaw v. Reno
blocks "racial gerrymandering."
amicus curaie brief
a brief filed to the Supreme Court by a special interest group
judiciary committeee
a standing committee in the Senate with 18 members that runs hearings before voting for approval of Supreme Court justice nominees
Terry v. Ohio
police only need reasonable suspicion to stop and frisk
27th Amendment
prohibits any law that increases or decreases the salary of members of Congress from taking effect until the start of the next set of terms of office for Representatives.
writ of certiorari
request to the Supreme Court to have a case to be reviewed from the lower court
12th Amendment
separation of votes for President and Vice President; refined the process whereby a President and a Vice President are elected by the Electoral College.
11th Amendment
specifically prohibits federal courts from hearing cases in which a state is sued by an individual from another state or another country. Protecting states from certain types of legal liability is a concept known as "sovereign immunity."
New Jersey v. TLO
students have 4th amendment protections while in school, but due school official special authority over students they do not need a warrant for searches, only reasonable suspicion
solictior general
the attorney that represents the U.S. government, argues cases in the Supreme Court
rule of four
the requirement for four justices to rule yes to hearing a case for it to make it the Supreme Court
strict construction
view that justices are bound to every word in the Constitution
senatorial courtesy
when president gives the choice of federal district justices to specific, same party state senators
Rational basis
law must have a reasonable, legitimate purpose, used for age, income, etc.
civil law
law relating to business and contract relationships between individuals
20th Amendment
moved the beginning and ending of the terms of the President and Vice President from March 4 to January 20, and of members of Congress from March 4 to January 3. It also has provisions that determine what is to be done when there is no President-elect.
Due process
government procedures must be fair and carried out fairly
14th Amendment
(1) All persons born in the U.S. are citizens; (2) no person can be deprived of life, liberty or property without DUE PROCESS OF LAW; (3) no state can deprive a person of EQUAL PROTECTION of the laws. Second of three "Reconstruction Amendments" passed after Civil War.
25th Amendment
(1) Succession of VP if president dies or become incapable to do his job. (2) if there is no VP, president must appoint one, and Senate must approve with a 2/3 majority vote.
Tinker v Des Moines
(armbands) Protected some forms of symbolic speech. Ruled that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." 1969
Morse v. Frederick
Bong Hits for Jesus, educators are allowed to suppress free speech at a school supervised function if it promotes harmful activities
original jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.
Supreme Court
The pinnacle of the American judicial system. The court ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. It has both original jurisdiction and appellate jurisdiction, but unlike other federal courts, it controls its own agenda.
Youngstown Sheet and Tube v. Sawyer
The power of Commander in chief does not extend to labor disputes- only military
judicial review
The power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the U.S. Constitution.
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 substantial and direct injury from a party or action of government.
6th Amendment
The right to counsel in criminal trials (1) Speedy and public trial (2) Accused must be told charges (3) right to counsel (free lawyer if poor) (4) right to jury in criminal cases.
Buck v. Bell
Virginia's policy of forced sterilization is constitutional
Equal protection
all people must be treated the same
appellate jurisdiction
allows courts to hear and review decisions made by lower courts
