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Continental Congress in 1777, they were the formal basis for America's national government until 1789, when they were superseded by the Constitution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