Exam 4

Necessary and proper clause

Article 1, Section 8, of the Constitution, which enumerates the powers of Congress and provides Congress with the authority to make all laws "necessary and proper" to carry them out; also referred to as the elastic clause

Comity clause

Article IV, Section 2 of the Constitution, which prohibits states from enacting laws that treat the citizens of other states in a discriminatory manner

Post-New Deal Cooperative Federalism

"layer cake federalism" (cooperation on all policies) → "marble cake federalism" (cooperation on some policies)

Societal Interests for Colonial Politics

(1) the New England merchants, (2) the southern planters, (3) the "royalists," or holders of royal lands, offices, and patents licenses to engage in a profession or business activity, (4) shopkeepers, artisans, and laborers, (5) small farmers

Articles of Confederation and Perpetual Union

America's first written constitution; adopted by the Continental Congress in 1777, they were the formal basis for America's national government until 1789, when they were superseded by the Constitution

Three-Fifths Compromise

An agreement reached at the Constitutional COnvention of 1787 stipulating that for purposes of the apportionment of congressional seats, only three-fifths of slaves would be counted

Great Compromise

An agreement reached at the Constitutional Convention of 1787 that gave each state an equal number of senators regardless of its population but linked representation in the House of Representatives to population

2 Missing Amendments

The two missing amendments underscore the meaning of the rest: the Eighteenth, or Prohibition, Amendment and the Twenty-First, its repeal. They represent the only instance in which the country tried to legislate by constitutional amendment → amending constitution is hard → path dependency

Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico

Upheld Puerto Rico's statute restricting gambling advertising aimed at residents of Puerto Rico

Seminole Tribe v. Florida

a 1988 law had given tribes the right to sue a state in federal court if the state did not negotiate in good faith issues related to gambling casinos on tribal land. The Court's ruling appeared to signal a much broader limitation on national power by raising new questions about whether individuals can sue a state if it fails to uphold federal law.

Supremacy clause

a clause of Article VI of the Constitution that states that all laws passed by the national government and all treaties are the supreme laws of the land and superior to all laws adopted by any state or any subdivision

Ledbetter v. Goodyear Rubber and Tire Co

a complaint of gender discrimination must be brought within 180 days of the time the discrimination was alleged to have occurred, blocking suits based on events that might have taken place in the past

Writ of habeas corpus

a court order demanding that an individual in custody be brought into court and shown the cause for detention; habeas corpus is guaranteed by the Constitution and be suspended only in cases of rebellion or invasion

United States v. O'Brien

a court will often use the standard articulated in the draft card case, United States v. O'Brien, and now known as the "O'Brien test."43 Under this test, a statute restricting expressive or symbolic speech must be justified by a compelling government interest and be narrowly tailored toward achieving that interest.

Grants-in-aid

a general term for funds given by Congress to state and local governments

Grand jury

a jury that determines whether sufficient evidence is available to justify a trial. Grand juries do not rule on the accused's guilt or innocence

State sovereign immunity

a legal doctrine holding that states cannot be sued for violating an act of Congress

Gregg v. Georgia

a majority of states revised their capital-punishment provisions to provide clear standards

Affirmative action

a policy or program designed to redress historic injustices committed against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities

Cooperative federalism

a type of federalism existing since the New Deal era, in which grants in aid have been used strategically to encourage states and localities to pursue nationally defined goals; also known as intergovernmental cooperation

RAV v. City of St. Paul

a white teenager was arrested for burning a cross on the lawn of a black family in violation of a municipal ordinance that banned cross burning. The Court ruled that such an ordinance must be content neutral—that is, not prohibiting actions directed at some groups but not others

Libel

a written statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory"

Procedural Restraints

addressing how the government is supposed to act

British Taxation

affected New England merchants and Southern farmers most, switched political alliances in "no taxation without representation" to begin the American Revolution (led by Sam Adams)

Total Incorporation

all provisions of the Bill of Rights were applied to the states by the Fourteenth Amendment

Holt v. Hobbs

an Arkansas prison policy prohibiting beards was a violation of his ability to exercise his religion. The Court held that the prison policy was a violation of the free exercise clause and violated a federal statute designed to protect the ability of prisoners to worship as they pleased

Prior restraint

an effort by a government agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the US, the courts forbid prior restraint except under the most extraordinary circumstances

Slander

an oral statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious scandalous and defamatory"

Skinner v. Railroad Labor Executives Association

approved drug and alcohol tests for railroad workers if they were involved in a serious accident

Smith v. Allright

asserting the federal government's power to intervene in the states' conduct of elections in order to protect blacks' voting rights

National Labor Relations Board v. Jones & Loughlin Steel Company

at issue was the National Labor Relations Act, which prohibited corporations from interfering with the efforts of employees to organize into unions, to bargain collectively over wages and working conditions, and to go on strike and engage in picketing. The newly formed National Labor Relations Board (NLRB) had ordered Jones & Loughlin to reinstate workers fired because of their union activities. The appeal reached the Supreme Court because the steel company had made a constitutional issue over the fact that its manufacturing activities, being local, were beyond the government's reach. But the Court ruled that a large corporation with subsidiaries and suppliers in many states was inherently involved in interstate commerce and hence subject to congressional regulation.

Gibbons v. Ogden

at issue was whether the state of New York could grant a monopoly to a steamboat company to operate an exclusive service between New York and New Jersey. Aaron Ogden had secured his license from the company, whereas Thomas Gibbons, a former partner of Ogden's, had secured a competing license from the U.S. government. Chief Justice Marshall argued that Gibbons could not be kept from competing because the state of New York did not have the power to grant this particular monopoly affecting other states' interests.

Governmental Power

both agreed in limited gov't, but Antifederalists favored limiting and enumerating the powers granted to the national government in relation to both the states and the people at large while Federalists favored the construction of a government with broad powers— to defend the nation against foreign foes, guard against domestic strife and insurrection, promote commerce, and expand the nation's economy

Bethel School District No. 403 vs. Fraser

broad protection of student free speech rights by upholding the punishment of a high school student for making a sexually suggestive speech. The Court held that such speech interfered with the school's goal of teaching students the limits of socially acceptable behavior

The Federalist Papers

by Alexander Hamilton, James Madison, and John Jay in late 1787 and early 1788, defended the principles of the Constitution and sought to dispel fears of a national authority

Limitations on the States

can only form compacts between states (e.g. Port Authority of NY and NJ) when Congress approves

Articles of Confederation

central gov't was only Congress, Congress had little power, each state had 1 vote and article approval required unanimous vote by the states, each state retained its own power other than government power to declare war/peace, make treaties, coin money, and regulate native american trade → led to international weakness and domestic economic turmoil

Gitlow v. New York

court held that freedom of speech is "among the fundamental personal rights and 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the states."

Adarand Constructors v. Pena

decision stated that race-based policies, such as preferences given by the government to minority contractors, must survive strict scrutiny, placing the burden on the government to show that such affirmative action programs serve a compelling government interest and address identifiable past discrimination

United States v. Eichman

declared laws against flag burning unconstitutional

Kennedy v. Louisiana

declared that death was too harsh a penalty for a child rapist

Shelby County v. Holder

declared unconstitutional "preclearance" for voting, which discriminated against black voting rights

Defense of Marriage Act (DOMA)

declaring that states would not have to recognize a same-sex marriage legally contracted in another state

The Executive Branch

established by Article 2, hoped to create a presidency that would make the federal government, rather than the states, the agency capable of timely and decisive action to deal with public issues and problems

The Judicial Branch

established by Article 3, created a court that was to be literally a supreme court of the United States and not merely the highest court of the national government, assigned jurisdiction over controversies between citizens of different states, judges held lifetime appointments to protect them from popular politics and interference by the other branches.

Cantwell v. Connecticut

established the "time, place and manner" rule. The case arose from the efforts of two Jehovah's Witnesses to engage in door-to-door fundraising. Americans are free to adhere to any religious beliefs, but the time, place, and manner of their exercise are subject to regulation in the public interest

Gideon v. Wainwright

established the right to counsel in a criminal trial

Powers of National Government

expressed (Article 1, Section 8) - 17 powers including the powers to collect taxes, coin money, declare war, and regulate commerce, implied - enable Congress "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers."

Shay's Rebellion

farmer rebellion against Massachusetts government to prevent foreclosing on their debt-ridden farms → Provoked Constitutional Convention of 1787

Block grants

federal funds given to state governments to pay for goods, services, or programs, with relatively few restrictions on how the funds may be spent

Motivations for Bicameralism

first, the framers sought a government strong enough to promote com- merce and protect property from radical state legislatures. This goal became the basis for national control over commerce and finance, as well as for the establishment of national judicial supremacy and the effort to construct a strong presidency. Second, the framers sought to prevent the threat posed by the "excessive democracy" of the state and national governments under the Articles of Confederation. Third, the framers, lacking power to force the states or the public at large to accept the new form of government, sought to identify principles that would help secure support.

Griffin v. Prince Edward County School Board

forced all the schools of that Virginia county to reopen after they had been closed for five years to avoid desegregation

Slow Growth of Federal Power

from 1830s to 1920s based on expansive court rulings

States' Obligations to One Another

from Article 6, require states to recognize laws in other states to create national unity

Categorical grants-in-aid

funds given by Congress to states and localities and that are earmarked by law for specific categories, such as education or crime prevention

Tea Act of 1773

gave East India Company tea monopoly that screwed over New England Merchants, leading to Boston Tea Party

Double Jeopardy

getting tried twice for the same crime

Separation Between Church and State

government cannot create an official church, government cannot take sides among competing religions, "wall of separation" between Church and State

Project grants

grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis

Formula grants

grants-in-aid in which a formula is used to determine the amount of federal funds a state or local government will receive

Mapp v. Ohio

held that evidence obtained in violation of the Fourth Amendment's ban on unreasonable searches and seizures would be excluded from trial

Swann v. Charlotte-Mecklenburg Board of Education

held that state-imposed de-segregation could be brought about by busing children across school districts even when relatively long distances were involved. But the decision also added that under certain circumstances even racial quotas could serve as the "starting point in shaping a remedy to correct past constitutional violations" and that the pairing or grouping of schools and the reorganizing of school attendance zones would also be acceptable

Annapolis Convention

in 1786, called for a convention to reform the government

Marbury v. Madison

in 1803, established the principle of judicial review

Barron v. Baltimore

in 1833, if an agency of the national government had deprived Barron of his property, there would have been little doubt about Barron winning his case. But if the constitution of the state of Maryland contained no such provision protecting citizens of Maryland from such action, then Barron had no legal leg to stand on against Baltimore, an agency of the state of Maryland. Barron v. Baltimore confirmed "dual citizenship"—that each American was a citizen of the national government and separately a citizen of one of the states. This meant that the Bill of Rights did not apply to decisions or procedures of state (or local) governments.

Slaughter House Cases

in 1873, determined that the federal government was under no obligation to protect the "privileges and immunities" of citizens of a particular state against arbitrary actions by that state's government. The Court argued that the framers of the Fourteenth Amendment could not have intended to incorporate the entire Bill of Rights.

Civil Rights Cases

in 1883, the Court distinguished between state action and private action, declaring that the Fourteenth Amendment applied only to discriminatory actions by state officials, "operating under cover of law," and not to discrimination against blacks by private individuals, even though these private individuals were companies offering services to the public

Chicago, Burlington, and Quincy Railroad Company v. Chicago

in 1897, the Supreme Court held that the amendment's due process clause did in fact prohibit states from taking property for a public use without just compensation

Near v. Minnesota ex rel. Olson

in 1931, the Court added freedom of the press to that short list of civil rights protected by the Bill of Rights from state action; in 1934, it added freedom of religion; and in 1937, it added freedom of assembly.

Near v. Minnesota ex rel. Olson

in 1931, the Supreme Court held that except under extraordinary circumstances, the First Amendment prohibits government agencies from seeking to prevent newspapers or magazines from publishing whatever they wish

Panama Refining Company v. Ryan

in 1935, the Court ruled that a section of the National Industrial Recovery Act of 1933 was an invalid delegation of legislative power to the executive branch

Schechter Poultry Corporation v. United States

in 1935,, the Court found the National Industrial Recovery Act itself to be invalid

Sweeney v. Woodall

in 1952, when an inmate escaped from an Alabama prison and sought to avoid being returned on the grounds that he was subject to "cruel and unusual punishment" there, the Supreme Court ruled that he must be returned

Brown v. Board of Education

in 1954, Court found state segregation laws for schools unconstitutional

NAACP v. Alabama

in 1958, the Court recognized "privacy in one's association" in its decision to prevent the state of Alabama from using the National Association for the Advancement of Colored People (NAACP) membership list in its investigations.

United States v. Nixon

in 1974, the Court declared unconstitutional President Nixon's refusal to respond to a subpoena to make available the infamous White House tapes as evidence in a criminal prosecution. The Court argued that although executive privilege protected confidentiality of communications to and from the president, this protection did not extend to data in presidential files or tapes linked to criminal prosecutions

Immigration and Naturalization Service v. Chadha

in 1983, the Court declared unconstitutional the legislative veto, a practice in which Congress authorized the president to take action but reserved the right to rescind presidential actions with which it disagreed

United States v. Lopez

in 1995 fueled further interest in the Tenth Amendment. Stating that Congress had exceeded its authority under the commerce clause, the Court struck down a federal law that barred handguns near schools. It further limited the federal government's power over the states in a 1996 ruling based on the Eleventh Amendment.

Agostini v. Felton

in 1997, the Court accepted the practice of sending public-school teachers into parochial schools to provide remedial education to disadvantaged children

Printz v. United States

in 1997, the Court struck down a key provision of the Brady bill, enacted in 1993 to regulate gun sales. Under the act, state and local law enforcement officers were required to conduct background checks on prospective gun purchasers. The Court held that the federal government cannot require states to administer or enforce federal regulatory programs.

Clinton v. City of New York

in 1998, the Court struck down the Line Item Veto Act of 1996, which allowed the president to veto specific items in spending and tax bills without vetoing the entire bill. The Court held that any such change in the procedures of adopting laws would have to be made by amendment to the Constitution, not by legislation

United States v. Williams

in 2003, Congress enacted the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today (PROTECT) Act, which outlawed efforts to sell child pornography via the Internet. The Supreme Court upheld this act in 200, ruling that criminalizing efforts to pander child pornography did not violate free-speech guarantees.

Elk Grove Unified School District v. Newdow

in 2003, Michael Newdow, the atheist father of a California kindergartener, brought suit against the local school district, arguing that the reference to God turned the daily recitation of the pledge into a religious exercise. The case was appealed to the Supreme Court, which ruled that Newdow lacked a sufficient personal stake in the case to bring the complaint

Virginia v. Black

in 2003, the Court struck down a Virginia cross-burning statute, ruling that states could make cross burning a crime as long as the statute required prosecutors to prove that the burning was intended to intimidate rather than simply express an opinion. Justice O'Connor wrote that the First Amendment permits the government to forbid cross burning as a "particularly virulent form of intimidation" but not when the act was "a form of symbolic expression."

Rasul v. Bush

in 2004 the Court held that the estimated 650 "enemy combatants" detained without formal charges at the U.S. Naval Station at Guantanamo Bay, Cuba, had the right to seek release through a writ of habeas corpus

Gonzalez v. Oregon

in 2006, involved Oregon's physician-assisted suicide law, which permitted doctors to prescribe lethal doses of medication for terminally ill patients who requested help end- ing their lives. In 2001, the U.S. attorney general issued an order declaring that any physician involved in such a procedure would be prosecuted for violating the federal Controlled Substances Act. The state of Oregon joined several physicians and patients in a suit against the order. Eventually, the Supreme Court ruled that the federal government could not overrule state laws determining how drugs should be used so long as the drugs were not prohibited by federal law

Federal Election Commission v. Wisconsin Right to Life

in 2007, the Court struck down a key portion of Bipartisan Campaign Reform Act (BCRA), finding that the act's limitations on political advertising violated the First Amendment's guarantee of free speech

Boumediene v. Bush

in 2008, the Supreme Court responded by striking down Section 7 and affirming that the Guantanamo detainees had the right to challenge their detentions in federal court

Citizens United v. Federal Election Commission

in 2010, the Court ruled that corporate funding of independent election ads could not be limited under the First Amendment

Arizona v. United States

in 2012, however, the Court once again seemed to favor the importance of national power in the nation-state tug-of-war. In addition to the Obamacare decision cited earlier, the Court struck down portions of an Arizona immigration law, declaring that immigration was a federal, not a state, matter

Alabama Legislative Black Caucus v. Alabama and Arizona State Legislature v. Arizona Independent Redistricting Commission

in 2015, the Court ruled against state legislatures on questions involving congressional district boundaries

Arizona et. al. v. Intertribal Council of Arizona, Inc.

in a 2013 decision it struck down an Arizona law requiring individuals to show documentation of citizenship when registering to vote. The Court ruled that this requirement was preempted by the federal National Voter Registration Act requiring states to use the official federal voter registration form

Regulated Federalism and National Standards

in some areas—especially civil rights, poverty programs, and environmental protection—the national government actually regulates the states by threatening to withhold grant money unless state and local governments conform to national standards. This focus reflects a shift away from federal oversight of economic activities toward "social regulation" (e.g. Asbestos Hazard Emergency Act or Americans With Disabilities Act)

Hicklin v. Orbeck

in the 1970s, when Alaska passed a law that gave residents preference over nonresidents in obtaining work on the state's oil and gas pipelines, the Supreme Court ruled the law illegal because it discriminated against citizens of other states

Sovereignty

independent political authority: a government holding such authority is a sovereign

Snyder v. Louisiana

invalidated a death sentence for a black defendant on the grounds that the prosecutor had improperly excluded African Americans from the jury

West Virginia State Board of Education v. Barnette

involved the children of a family of Jehovah's Witnesses who refused to salute and pledge allegiance to the American flag on the grounds that their religious faith did not permit it. Court reversed itself to endorse the free exercise of religion even when it may be offensive to the beliefs of the majority

Substantive Restraints

limiting what the government shall and shall not have the power to do, such as establishing a state religion, quartering troops in private homes without consent, or seizing private property without just compensation

Craig v. Boren

made it easier for plaintiffs to file and win suits on the basis of gender discrimination by applying an "intermediate" level of review

The Great Compromise

marriage of New Jersey plan (each state represented the same) and Virginia Plan (representation by population/revenue)

Instrumental Behavior

motivated by and directed toward some purpose or objective → investment activity

Unfunded mandates

national standards or programs imposed on state and local governments by the federal government without accompanying funding or reimbursement

Selective Incorporation

one-by-one application of the provisions of the Bill of Rights

Tyranny

oppressive government that employs the cruel and unjust use of power and authority

Yick Wo v. Hopkins

ordinances struck down by the U.S. Supreme Court under the Fourteenth Amendment pertained to discrimination in labor laws, construction permits, and business licenses against Chinese legal residents

Mendez v. Westminster

overturned an Orange County, California, policy of school segregation aimed at Mexican Americans

Experiential Behavior

people do things, on this account, because they like doing them—they feel free of guilt, they take pleasure in the activity for its own sake → consumption activity

Implied powers

powers derived from the necessary and proper clause (Article 1, Section 8) of the Constitution such powers are not specifically expressed but are implied through the expansive interpretation of delegated powers

Reserved powers

powers, derived from the Tenth Amendment to the Constitution, that are not specifically delegated to the national government or denied to the states; these powers are reserved to the states

Powers of State Government

preserved by the 10th amendment, powers of coercion, defining private property

Due process

proceeding according to law and with adequate protection for individual rights

Boston Tea Party

prompted collective radicalization of colonists against British government, leading to 1st Continental Congress and then the Declaration of Independence

De jure segregation

racial segregation that is a direct result of law or official policy

De facto segregation

racial segregation that is not a direct result of law or government policy but is, instead, a reflection of residential patterns, income distributions, or other social factors

Cooper v. Aaron

required Little Rock, AR to desegregate

Fifth Amendment and Criminal Proceedings

rights to grand jury, no double jeopardy, no self-incrimination (right to remain silent so what you say is not held against you in court), eminent domain (no taking property without proper compensation)

Lemon test

rule articulated in Lemon v Kurtzman according to which governmental action with respect to religion is permissible if it is secular in purpose, does not lead to "excessive entanglement" with religion, and neither promotes nor inhibits the practice of religion. The Lemon test is generally used in relation to government aid to religious schools

United States v. Virginia

ruled that the Virginia Military Institute's policy of not admitting women was unconstitutional

Wards Cove Packing Company v. Atonio

ruling that any "rigid numerical quota" is suspect, and further eased the way for employers to prefer white men, holding that the burden of proof of unlawful discrimination should be shifted from the defendant (the employer) to the plaintiff (the person claiming to be the victim of discrimination) → overruled Griggs v. Duke Power Company

Obergefell v. Hodges

ruling that states were required to issue marriage licenses to same-sex couples and to recognize such marriages performed in other jurisdictions

Federalism

seeking to place more power at the national level without completely undermining the power of state governments, the delegates devised a system of two sovereigns, or supreme powers with the hope that competition between the two would limit the power of both.

Amending the Constitution

set by Article 5, really hard to do, only happened 17 times in history

Ratifying the Constitution

set by Article 7, allowed state conventions to ratify, all did this but Rhode Island

Speech plus

speech accompanied by activities such as sit ins, picketing, and demonstrations. Protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order

Fighting words

speech that directly incites damaging conduct

Lawrence and Garner v. Texas

state legislatures no longer had the authority to make private sexual behavior a crime

Youngstown Sheet and Tube Company v. Sawyer

steel seizure case of 1952, in which the Court refused to permit President Harry Truman to use "emergency powers" to force workers back into the steel mills during the Korean War

Assorted Liquor Companies v. Rhode Island

struck down Rhode Island laws and regulations banning the advertisement of liquor prices as a violation of the First Amendment

Wallace v. Jaffree

struck down a moment of silence for meditation or voluntary prayer, and pregame prayer at public sporting events.

Engel v. Vitale

struck down nondenominational prayer in schools

Windsor v. the United States

struck down the Defense of Marriage Act in part, requiring that same-sex married couples receive equal treatment on issues relating to taxes, inheritance, and other federal laws

Reno v. ACLU

the Communications Decency Act (CDA), that sought to regulate the online transmission of obscene material. The CDA's constitutionality was immediately challenged by a coalition of interests led by the American Civil Liberties Union (ACLU). The Supreme Court struck down the CDA, ruling that it suppressed speech that "adults have a constitutional right to receive."

Kyllo v. United States

the Court also ruled that police may not use thermal-imaging devices to detect suspicious patterns of heat emerging from private homes without obtaining a search warrant

Burlington Industries v. Ellirth

the Court also said that an employer may defend itself by showing that it had a sexual harassment prevention and grievance policy in effect

Chandler et al v. Miller, Governor of Georgia et al

the Court applied the Fourth Amendment as a shield against "state action that diminishes personal privacy" when the officials in question are not performing high-risk or safety-sensitive tasks

McCreary v. ACLU

the Court determined that a display of the Ten Commandments inside two Kentucky courthouses was unconstitutional

Indianapolis v. Edmund

the Court found it unconstitutional for police to use trained dogs in roadblocks set up to look for drugs in cars. Unlike drunk-driving roadblocks, where public safety is involved, narcotics roadblocks "cannot escape the Fourth Amendment's requirement that searches be based on suspicion of individual wrongdoing."

Hazelwood School District v. Kuhlmeier

the Court further restricted students' speech and press rights, defining them as part of the educational process and not to be treated with the same standard as adult speech in a regular public forum (Morse v. Frederick upheld same statute for high school students)

Stenberg v. Carhart

the Court had another opportunity to rule on what constitutes an undue burden: in 2000, in Stenberg v. Carhart, the Court struck down Nebraska's ban on partial-birth abortions because the law had the "effect of placing a substantial obstacle in the path of a woman seeking an abortion."

Abington School District v. Schempp

the Court has been consistently strict in cases of school prayer, striking down such practices as Bible reading

Lynch v. Donnelly

the Court has been quite permissive (some would say inconsistent) about the public display of religious symbols, such as city-sponsored nativity scenes in commercial or municipal areas

United States v. Jones

the Court held that GPS tracking such as attaching a GPS device to a vehicle to track its movements) also constitutes a search under the Fourth Amendment and therefore requires a warrant

Riley v. California

the Court held that the police were constitutionally prohibited from seizing and searching the digital contents of a cell phone during an arrest

New York Times v. Sullivan

the Court held that to be deemed libelous a story about a public official not only had to be untrue but also had to result from "actual malice" or "reckless disregard" for the truth

Stromberg v. California

the Court held unconstitutional a California statute making it a felony to display a red flag "as a sign, symbol or emblem of opposition to organized government."

CBOC West v. Humphries and Gomez-Perez v. Potter

the Court helped individuals who sought to bring employment discrimination complaints by declaring that employers were barred from retaliating against them

Bigelow v. Virginia

the Court in 1975 struck down a state statute making it a misdemeanor to sell or circulate newspapers encouraging abortions; the Court ruled that the statute infringed on constitutionally protected speech and the reader's right to make informed choices

Rosenberger v. University of Virginia

the Court narrowly ruled that a University of Virginia student group could not be denied student activities funds merely because it was a religious group espousing a particular viewpoint about a deity. The Court called the denial "viewpoint discrimination" and declared that it violated the group's free speech rights

Webster v. Reproductive Health Services

the Court narrowly upheld the constitutionality of restrictions on the use of public medical facilities for abortion

Regents of the University of California v. Bakke

the Court permitted universities (and other schools, training programs, and hiring authorities) to continue to consider minority status but limited the use of quotas to situations in which previous discrimination had been shown and the quotas served more as a guideline for social diversity than as a mathematically defined ratio

Frontiero v. Richardson

the Court refused to treat gender discrimination as equivalent to racial discrimination

Grutter v. Bollinger

the Court reiterated Powell's holding and, applying strict scrutiny to the law school's policy, found that its admissions process was tailored to the school's compelling state interest in diversity because it gave a "highly individualized, holistic review of each applicant's file," in which race counted but was not used in a "mechanical way."

Missouri ex rel. Gaines v. Canada

the Court rejected Missouri's policy of paying qualified blacks' tuition to out-of-state law schools rather than admitting them to the University of Missouri Law School

Bates v. State Bar of Arizona

the Court reversed its own earlier decisions upholding laws that prohibited lawyers, dentists, and other professionals from advertising their services. For the Court, medical-service advertising was a matter of health that could be advanced by the free flow of information

Shelley v. Kraemer

the Court ruled against the widespread practice of "restrictive covenants," whereby the seller of a home added a clause to the sales contract requiring buyers to agree not to sell their home to any non-white, non- Christian, and so on

Lorillard Tobacco v. Reilly

the Court ruled that a Massachusetts ban on all cigarette advertising violated the tobacco industry's First Amendment right to advertise its products to adult consumers

Van Orden v. Perry

the Court ruled that a display of the Ten Commandments in the Texas state capitol did not violate the Constitution

Wisconsin v. Mitchell

the Court ruled that a state can consider whether a crime was motivated by bias against a minority group. So-called hate crimes can be more severely punished than similar acts committed for other reasons

Martin v. Wilks

the Court ruled that any affirmative action program already approved by federal courts could be challenged by individuals (usually white men) alleging that the program had discriminated against them

Franklin v. Gwinnett County Public Schools

the Court ruled that violations of the act's Title IX could be remedied with monetary damages

Harris v. Forklift Systems

the Court said that sexual harassment may be legally actionable even if the employee did not suffer tangible psychological costs as a result of it

Missouri v. Jenkins

the Court signaled to the lower courts that they should "disengage from desegregation efforts"

McDonald v. Chicago

the Court struck down a Chicago firearms ordinance and applied the Second Amendment to the states as well

McCutcheon v. Federal Election Commission

the Court struck down aggregate limits on an individual's contributions to candidates for federal office, political parties, and PACs. The decision stated such limits do not further the government's interest in preventing corruption and are thus invalid under the First Amendment.

Patsone v. Pennsylvania

the Court struck down limits on noncitizens' abilities to develop natural resources—in this case the right of an Italian immigrant to have a shotgun for purposes of hunting

Terry v. Ohio

the Court then held that if an officer had "probable cause" to believe the individual was armed, such a search was permitted.

Obergefell v. Hodges

the Court took another important step in the protection of gay rights by declaring that state bans on same-sex marriage were unconstitutional

Gonzalez v. Carhart

the Court upheld a federal ban on partial-birth abortions, essentially overturning the earlier decision

Cable News Network v. Noriega

the Court upheld a lower-court order restraining the Cable News Network (CNN) from broadcasting tapes of conversations between former Panamanian dictator Manuel Noriega and his lawyer, supposedly recorded by the American government. The Court held that CNN could be restrained from broadcasting the tapes until the trial court had heard the tapes and decided whether their broadcast would violate Noriega's right to a fair trial.

Vernonia School District v. Acton

the Court upheld a public school district's policy requiring that all students participating in interscholastic sports submit to random drug tests, surely contributed to the efforts of federal, state, and local agencies to initiate random drug and alcohol testing

Wickard v. Filburn

the Court upheld minimum wage laws, the Social Security Act, and federal rules controlling how much of any given commodity local farmers might grow

Parents Involved in Community Schools v. Seattle School District No. 1

the Court went further, declaring unconstitutional programs of the Louisville and Seattle school districts that attempted to achieve racial diversity by using race as a determining factor in admissions.

Sweatt v. Painter

the Court's decision anticipated Brown v. Board of Education by opening the question of whether any segregated facility could be truly equal

Smith v. Allwright

the Court's decision made parties "an agency of the State," and any discrimination against blacks was therefore "state action within the meaning of the Fifteenth Amendment."

Bowers v. Hardwick

the Court's majority decision reversed the lower-court decision, holding against Hardwick on the grounds that "the federal Constitution confers no fundamental right upon homosexuals to engage in sodomy" and that there was therefore no basis to invalidate "the laws of the many states that still make such conduct illegal and have done so for a very long time."

Roth v. United States

the Court's opinion, defined obscenity as speech or writing that appeals to "prurient interest"—that is, books, magazines, films, and other material whose purpose is to excite lust as this appears "to the average person, applying contemporary community standards." Even so, Brennan added, the work should be judged obscene only when it is "utterly without redeeming social importance."

Equal Opportunity Commission v. Abercrombie & Fitch Stores

the Equal Employment Opportunity Commission (EEOC) brought suit against Abercrombie for refusing to hire a Muslim woman who wore a headscarf in violation of the company's dress code. The Court held that the store's actions amounted to religious discrimination in hiring—something not allowed by federal law.

Struggle for Ratification

the Federalists supported the Constitution and preferred a strong national government. The Anti-federalists opposed the Constitution and preferred a decentralized federal government; they took their name in reaction to their better-organized opponents. The Federalists were united in their support of the Constitution, whereas the Antifederalists were divided in what they believed the alternative to the Constitution should be

Double jeopardy

the Fifth Amendment right providing that a person cannot be tried twice for the same crime

Free exercise clause

the First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses

Establishment clause

the First Amendment clause that says, "Congress shall make no law respecting an establishment of religion." Today this phrase is generally interpreted as meaning that a wall of separation exists between church and state

Atkins v. Virginia

the Supreme Court banned all executions of mentally handicapped defendants

Lemon v. Kurtzman

the Supreme Court established three criteria to guide future cases. Collectively, these became known as the lemon test. The Court held that government aid to religious schools would be accepted as constitutional if (1) it had a secular purpose, (2) its effect was neither to advance nor to inhibit religion, and (3) it did not entangle government and religious institutions in one another's affairs

Miller v. California

the Supreme Court expressed willingness to define por- nography as a work that as a whole is deemed prurient by the "average person" according to "community standards," depicts sexual conduct "in a patently offensive way," and lacks "serious literary, artistic, political, or scientific value." This definition meant that pornography would be determined by local rather than national standards. Thus a local bookseller might be prosecuted for selling a volume that was a best seller nationally but was deemed pornographic locally.

Katzenbach v. McClung

the Supreme Court gave "interstate commerce" such a broad definition that Congress had the constitutional authority to ban discrimination by virtually any local employers

Fisher v. University of Texas

the Supreme Court indicated that a school's affirmative action program of admissions that seems to discriminate in favor of black students must be subjected to the same "strict scrutiny" as a program that seems to discriminate against black students and sent the case back to the lower courts for further consideration

Furman v. Georgia

the Supreme Court overturned several state death penalty laws not because they were cruel and unusual but because they were being applied in a capricious manner.

Wiggins v. Smith

the Supreme Court overturned the death sentence of a Maryland death-row inmate, holding that the defense lawyer had failed to fully inform the jury of the defendant's history of "horrendous childhood abuse."

Meritor Savings Bank v. Vinson

the Supreme Court recognized two forms of sexual harassment—the quid pro quo type, which involves sexual extortion, and the hostile-environment type, which involves sex- ual intimidation

Escobedo v. Illinois

the Supreme Court ruled that suspects had a right to counsel during police interrogations, not just when their cases reached trial

District of Columbia v. Heller

the Supreme Court ruled that the federal government could not prohibit individuals from owning guns for self-defense in their homes. The case involved a District of Columbia ordinance that made it virtually impossible for residents to possess firearms legally

Brandenburg v. Ohio

the Supreme Court rules that as long as speech falls short of actually "inciting or producing imminently lawless action," it cannot be prohibited, even if it is hostile to or subversive of the government and its policies

Wabash, St. Louis, and Pacific Railway Company v. Illinois

the Supreme Court struck down a state law prohibiting rate discrimination by a railroad; in response, Congress passed the Interstate Commerce Act of 1887, creating the Interstate Commerce Commission (ICC), the first federal regulatory agency.

Gonzales v. Oregon

the Supreme Court upheld an Oregon law that allowed doctors to use drugs to facilitate the deaths of terminally ill patients who requested such assistance

National Treasury Employees Union v. Von Raab

the Supreme Court upheld the U.S. Customs Service's drug- testing program for its employees

Chaplinsky v. State of New Hampshire

the Supreme Court upheld the arrest and conviction of a man who had violated a state law forbidding the use of offensive language in public. He had called the arresting officer a "*******ed racketeer" and "a damn Fascist." When his case reached the Supreme Court, the arrest was upheld on the grounds that the First Amendment provides no protection for such offensive language because such words "are no essential part of any exposition of ideas."

Berman v. Parker

the Supreme Court's argument was that "public interest" can mean virtually any- thing a legislature says it means. In other words, since the overall slum clearance and redevelopment project was in the public interest, according to the legislature, the eventual transfers of property that were going to take place were justified (reaffirmed by Hawaii Housing Staff v. Midkiff)

Snyder v. Phelps

the Westboro Baptist Church, a tiny Kansas institution, had a First Amendment right to picket the funerals of American soldiers killed in action while displaying signs reading "Thank God for Dead Soldiers."

Concurrent powers

the authority possessed by both state and national governments, such as the power to levy taxes

Executive privilege

the claim that confidential communications between the president and the president's close advisers should not be revealed without the consent of the president

Commerce clause

the clause found in Article I, Section 8, of the Constitution that delegates to Congress the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." This clause was interpreted by the Supreme Court to favor national power over the economy

Divided government

the condition in American government in which the presidency is controlled by one party while the opposing party controls one or both houses of Congress

Palko v. Connecticut

the constitutional framework also left states with the power to engage in searches and seizures without a warrant, indict accused persons without benefit of a grand jury, deprive persons of trial by jury, force persons to testify against themselves, deprive accused persons of their right to confront adverse witnesses, and as we have seen, prosecute accused persons more than once for the same crime, a practice known as double jeopardy. All of these were implicitly identified in Palko as "not incorporated" into the Fourteenth Amendment as limitations on the powers of the states (reversed by Benton v. Maryland)

Miranda rule

the convention derived from the Supreme Court's 1966 ruling in case of Miranda v. Arizona whereby persons under arrest must be informed of their legal rights, including their right to counsel before undergoing police interrogation

Clear and present danger

the criterion formerly used to determine whether speech is protected or unprotected, based on its capacity to present a clear and present danger to society

The Bill of Rights

the delegates argued that the states should adopt bills of rights because their greater powers needed greater limitations

Bicameralism

the division of a legislative assembly into two chambers, or houses

Separation of powers

the division of governmental power among several institutions that must cooperate in decision making

"Separate but equal" rule

the doctrine that public accommodation could be segregated by race but still be equal

Bill of Right

the first 10 amendments to the US Constitution, adopted in 1791; it ensures certain right and liberties to the people

McCulloch v. Maryland

the issue was whether Congress had the power to charter a bank—in particular the Bank of the United States —created by Congress in 1791 over Thomas Jefferson's constitutional opposition)—because no express power to create banks exists anywhere in Article I, Section 8. Chief Justice John Marshall stated that such a power could be "implied" from the commerce clause plus the final necessary and proper clause.

Civil rights

the legal or moral claims that citizens are entitled to make on the government

Checks and balances

the mechanisms through which each branch of government is able to participate in and influence the activities of the other branches

Strict scrutiny

the most stringent standard of judicial review of a government's actions in which the government must show that the law serves a "compelling state interest"

Why Keep the States

the people of North America were not Americans. Instead, they had already had several generations to become Virginians, New Yorkers, Pennsylvanians, and so on

Home rule

the power delegated by the state to a local unit of government to manage its own affairs

Judicial review

the power of the courts to determine whether the actions of the president, the Congress, and the state legislatures are or are not consistent with the Constitution. The Supreme Court asserted the power to review federal statues in Marbury v Madison (1803)

Police power

the power reserved to the government to regulate the health, safety, and morals of the citizens

Expressed powers

the powers that the Constitution explicitly grants to a branch of the federal government

Legislative supremacy

the preeminent position assigned to Congress by the Constitution

States' rights

the principle that states should oppose increases in the authority of the national government; this view was post popular before the Civil War

Full faith and credit clause

the provision in Article IV, Section 1, of the Constitution requiring that each state normally honors the public acts and judicial decisions that take place in another state

Equal protection clause

the provision of the Fourteenth Amendment guaranteeing citizens "the equal protection of the laws." This clause has been the basis for the civil rights of African Americans, women, and other groups

Exclusionary rule

the requirement that courts exclude evidence obtained in violation of the Fourth Amendment

Eminent domain

the right of the government to take private property for public use, with reasonable compensation awarded for the property

Right to privacy

the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions

New York Times v. United States

the so-called Pentagon Papers case, the Court ruled that the government could not even block publication of secret Defense Department documents furnished to the New York Times by a Vietnam War opponent who had obtained the documents illegally

Colonial Political Alliances

the southern planters, the New England merchants, and the royal officeholders and patent holders—in other words, the colonial elite—maintained a political alliance that held in check the more radical forces representing shopkeepers, laborers, and small farmers.

Federalism

the system of government in which a constitution divides power between a central government and regional governments

Dual federalism

the system of government that prevailed in the US from 1789 to 1937 in which fundamental governmental powers were shared between the federal and state governments, with the states exercising the most important powers

Intermediate scrutiny

the test used by the Supreme Court in gender discrimination cases, which places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional

Dennis v. United States

there is no substantial public interest in permitting certain kinds of utterances: the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words—those which by their very utterance inflict injury or tend to incite an immediate breach of the peace

Roe v. Wade

this decision established a woman's right to seek an abortion and prohibited states from making abortion a criminal act before the point at which the fetus becomes viable which, in 173, was the 27th week

The Legislative Branch

unique powers to House and Senate (Sections 1-7 of Article 1) , long staggered Senate terms to avoid effects of populism, authority to collect taxes, borrow money, regulate commerce, declare war, and maintain an army and navy (Section 8 of Article 1)

Planned Parenthood v. Casey

upheld Roe but narrowed its scope, refusing to invalidate a Pennsylvania law that significantly limits freedom of choice. The Court's decision defined the right to an abortion as a "limited or qualified" right subject to regulation by the states as long as the regulation does not constitute an "undue burden."

Shuttlesworth v. Birmingham Board of Education

upheld a pupil placement plan purporting to assign pupils on various bases, with no mention of race. This case interpreted Brown to mean that school districts must stop explicit racial discrimination but were under no obligation to take positive steps to desegregate. For a while, black parents were doomed to case-by-case approaches.

City Council v. Taxpayers for Vincent

upheld city ordinances prohibiting the posting of all signs on public property (as long as the ban is total, with no hint of censorship)

Declaration of Independence

written by 2nd Continental Congress, inspired by John Locke to preserve unalienable rights and articulate the grievances of the colonies → more radical while Constitution was more conservative

Buckley v. Valeo

Campaign financing is "free speech"

United States v. American Library Association

Congress again tried to limit children's access with the 2001 Children's Internet Protection Act, which required public libraries to install antipornography filters on all library computers with Internet access. The law was challenged, and in 2003 the Court upheld it, asserting that its provisions did not violate library patrons' First Amendment rights

Gomillion v. Lightfoot

Court acted again in 1960, ruling that state and local governments could not draw election district boundaries so as to discriminate against blacks

Gratz v. Bollinger

Court agreed, arguing that something tantamount to a quota was involved because undergraduate admissions lacked the necessary "individualized consideration," employing instead a "mechanical one," based too much on the favorable minority points

McConnell v. Federal Election Commission

Court argued that "the selling of access . . . has given rise to the appearance of undue influence that justifies regulations impinging on First Amendment rights . . . in order to curb corruption or the appearance of corruption.

United States v. Wong Kim

Court confirmed that American-born Chinese children could not be denied citizenship, ruling that anyone born in the United States was entitled to full citizenship

Texas v. Johnson

Court declared the Texas law unconstitutional on the grounds that flag burning is expressive conduct protected by the First Amendment

United States v. Carolene Products Company

Court established that any legislation attempting to restrict these fundamental freedoms "is to be subjected to a more exacting judicial scrutiny . . . than are most other types of legislation."

Romer v. Evans

Court explicitly extended fundamental civil rights protections to gay men and lesbians by declaring unconstitutional a 1992 amendment to the Colorado state constitution that prohibited local governments from passing ordinances to protect gay rights

Meritor Savings Bank v. Vinson

Court has held that "sexual harassment" that creates a "hostile working environment" includes "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature"

Griggs v. Duke Power Company

Court held that although the statistical evidence did not prove intentional discrimination and the requirements were race neutral in appearance, their effects were sufficient to shift the burden of justification to the employer to show that the requirements were a "business necessity" that bore "a demonstrable relationship to successful performance."

Capital Broadcasting Company v. Acting Attorney General

Court long ago approved the constitutionality of laws prohibiting the electronic media from carrying cigarette advertising

Lau v. Nichols

Court ruled in a suit filed on behalf of Chinese students in San Francisco that school districts must provide education for students whose English is limited

Ricci v. DeStefano

Court ruled that New Haven, Connecticut, officials had discriminated against white firefighters when they threw out a promotions exam because no nonwhite candidate received a high enough score for promotion

United States v. Playboy Entertainment Group

Court struck down a portion of the Telecommunications Act of 1996 that required cable TV companies to limit the broadcast of sexually explicit programming to late-night hours. In its decision, the Court noted that the law already provided parents with the means to restrict access to sexually explicit cable channels through blocking devices. Moreover, such programming could enter the home only if parents purchased such channels in the first place

Horton v. California

Court summarized its understanding of this Amendment: "A search compromises the individual interest in privacy; a seizure deprives the individual of dominion over his or her person or property."

Schenck v. United States

Court upheld the act and refused to protect the defendant's' speech rights on the grounds that their activities—appeals to draftees to resist the draft—constituted a "clear and present danger" to security.

United Steelworkers of America v. Weber

Court was tentative and permissive about efforts by corporations and governments to experiment with affirmative action programs in employment

Madsen v. Women's Health Center

Court's decision to uphold a lower-court order restricting abortion protesters' access to the entrances of abortion clinics

Miranda v. Arizona

Court's ruling required that arrested persons be informed of the rights to remain silent and have counsel present during interrogation

Supreme Court as Referee

Courts decide distribution of power between national government and states

Dred Scott v. Sanford

Decided African Americans were not citizens and could not sue in federal court, also said gov't could not restrict slavery in the states

Massive Resistance

Deep South responded with a delaying tactic known as massive resistance. Southern politicians stood shoulder to shoulder to declare that the Supreme Court's decisions and orders were with- out effect. These states' legislatures enacted statutes ordering school districts to maintain segregated schools and state superintendents to terminate state fund- ing wherever there was racial mixing in the classroom

Threat of Tyranny

Federalists believed that colonial history, to say nothing of the history of the Greeks, showed that republican governments were often endangered by mob rule. The Anti-federalists, by contrast, thought that history revealed the dangers of aristocratic conspiracies against popular liberties. History matters, but it is always subject to interpretation.

Representation

Federalists sought representatives who were trustees, whereas Antifederalists sought delegates

Eighth Amendment

Freedom from excessive bail, cruel and unusual punishments

Fourth Amendment

Freedom from unreasonable searches and seizures

First Amendment

Freedom of religion, speech, press, assembly, and petition

Third Amendment

No quartering of soldiers

New Federalism and the National-State Tug-of-War

Presidents Richard Nixon and Ronald Reagan called their efforts to reverse the trend toward national standards and reestablish traditional policy making and implementation the "new federalism," while Obama only viewed states as administrative arms rather than independent entities

Seventh Amendment

Right of trial by jury in civil cases

Second Amendment

Right to keep and bear arms in order to maintain a well regulated militia

Sixth Amendment

Rights of accused persons, e.g., right to a speedy and public trial

King v. Burwell

Some states did not establish exchanges, but the Supreme Court ruled that their citizens could receive tax benefits for the policies they purchased through the federal government's exchange

Milliken v. Bradley

Supreme Court determined that only cities found guilty of deliberate and de jure racial segregation (segregation in law) would have to desegregate their schools