Chapter 5-6
Edwards v Aquillard (1987)
A Louisiana law prohibited the teaching of the theory of evolution in the public schools unless that instruction was accompanied by the teaching of creation science. Failed the lemon test.
Planned Parenthood v. Casey (1992)
A Pennsylvania law that would have required a woman to notify her husband before getting an abortion was thrown out, but laws calling for parental consent and the imposition of a 24 hour waiting period were upheld. States can regulate abortion but not with regulations that impose an "undue burden" upon women (affirmed Roe v Wade)
strict scrutiny
A heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice
poll tax
A tax levied in many southern states and localities that had to be paid before an eligible voter could cast a ballot
Nineteenth Amendment
Amendment to the Constitution that guaranteed women the right to vote
*Bakke v Regents of the University of California* (1978)
Bakke, a white man, sued UC Davis for rejecting his application to the medical school while admitting some racial minority candidates with lesser scores on the admission test. Court decided strict racial quotas were illegal but could consider race.
*Brown v. Board 2nd* (1955)
Brown II ordered schools to desegregate "with all due and deliberate speed"
suspect classification
Category or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court
SCLC
Centered in the church; rose out of the Montgomery Bus Boycotts; organized by MLK
commercial speech
Communication in the form of advertising.
Reno v ACLU (1996)
Communications Decency Act criminalized the intentional transmission of "obscene or indecent" messages as well as the transmission of sexy information.Court held that the Act violated the First Amendment because its regulations amounted to a content-based blanket restriction of free speech.
establishment clause
Congress can not make any laws that are pro religion
*Citizens United v Federal Election Commission* (2010)
Corporations can fund TV ads that specifically endorse a candidate ; upheld disclosure requirements and ban on direct contributions. (1st)
Miranda v. Arizona (1966)
Criminal suspect's rights include being informed of rights to counsel and to remain silent.
*Cruzan v Director of Missourri Dept of Health (1990)*
Cruzan was involved in an automobile accident which left her in a "persistent vegetative state." When Cruzan's parents attempted to terminate the life-support system, state hospital officials refused to do so without court approval. Court held that while individuals enjoyed the right to refuse medical treatment under the Due Process Clause, incompetent persons were not able to exercise such rights.
plea bargaining
Defendant pleads guilty in return for some concession from the prosecutor
Scott v Sanford (1857)
Dred Scott was not a citizen and had no standing; residence in a free state did not free him; Congress had no authority to prohibit slavery in territories (5th Amendment right to not have property seized)
*Korematsu v. United States (1944)*
During World War II, Presidential Executive Order 9066 and congressional statutes gave the military authority to exclude citizens of Japanese ancestry from areas deemed critical to national defense and potentially vulnerable to espionage.The Court sided with the government and held that the need to protect against espionage outweighed Korematsu's rights.
*Escobedo v. Illinois (1964)*
Escobedo was arrested and the police refuses his right to see his lawyer. Escobedo subsequently confessed to murder.Any defendant to see his lawyer must be able to.
Equal Employment Opportunity Commission
Federal agency created to enforce the Civil Rights Act of 1964, which forbids discrimination on the basis of race, creed, national origin, religion, or sex in hiring, promotion, or firing
*Bush v. Gore* (2000)
Florida recount in the election of 2000 was ruled to be a violation of the 14th Amendment's equal protection clause. Manual recounts in Florida had to stop because they had different evaluation standards.
Eight Amendment
Forbids cruel and unusual punishment
First Amendment
Freedom of the press, speech, religion, and of assembly.
*Furman v. Georgia (1972)*
Furman was stealing, fell, and gun killed person.Found that the imposition of capital punishment was often racist and arbitrary. Court ordered a halt to all death penalty punishments in the nation until a less arbitrary method of sentencing was found.(8th, 14th)
New York Times v. United States (1971)
Government can't prevent NYT from printing info about US war in Vietnam.Court held that executive efforts to prevent the publication violated the 1st Amendment were forbidden (PENTAGON Papers)
*Griswold v. Connecticut* (1965)
Griswold was convicted under a Connecticut law which criminalized the provision of counselling to married persons for purposes of preventing conception.A Connecticut statute forbidding use of contraceptives violates the right of marital privacy.(1st, 3rd, 4th, and 9th)
New York Times v. Sullivan (1964)
If a newspaper prints an article that turns out to be false but that the newspaper thought was true at the time of publication, the newspaper has not committed libel.
*Clinton v. City of New York* (1998)
In the first, the City of New York, health associations challenged the President's cancellation of a provision in the Balanced Budget Act of 1997 which relinquished the Federal Government's ability to recoup taxes levied against Medicaid providers by the State of New York.Line Item veto declared unconstitutional on the grounds that it gave legislative power to the president.
Texas v Johnson (1988)
Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration. Court held that Johnson's burning of a flag was protected expression under the First Amendment.
Black Codes
Laws denying most legal rights to newly freed slaves; passed by southern states following the Civil War
Jim Crow laws
Laws enacted by southern states that discriminated against blacks by creating "whites only" schools, theaters, hotels, and other public accomodations
Civil Rights Act of 1964
Legislation passed by COngress to outlaw segregation in public facilities and racial discrimination in employment, education, and voting; created the Equal Employment Opportunity Commission
United States v Richard Nixon (1974)
Limited executive privilege. Nixon has to turn over personal tapes relating to Watergate case. The president's confidentiality was subordinate to due process of law and the administration of criminal justice.
Mapp v. Ohio (1961)
Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive.Incorporated exclusionary rule. Courts cannot use evidence attained by police illegally.
Marbury v Madison (1803)
Marbury and several others were appointed to government posts created by Congress in the last days of John Adams's presidency, but these last-minute appointments were never fully finalized. The disgruntled appointees invoked an act of Congress and sued for their jobs in the Supreme Court. JUDICIAL REVIEW
McConnell v Federal Election Commission (2003)
McCain-Feingold (ban on soft money and restrictions on TV advertising) is constitutional; partly overturned by Citizens United
Miller v. California (1973)
Miller, after conducting a mass mailing campaign to advertise the sale of "adult" material. Court held that obscene materials did not enjoy First Amendment protection. The Court modified the test for obscenity.(a) would average person see it as sexual(b) does it lack other value (c) depict sexual behavior in offensive way
Civil Rights Cases (1883)
Name attached to five cases brought under the Civil Rights Act of 1875. In 1883, the Supreme Court decided that discrimination in a variety of public accommodations, including theaters, hotels, and railroads, could not be prohibited by the act because such discrimination was private discrimination and not state discrimination
NOW
National Organization of Women; sought improved rights for women through lobbying for specific laws or a constitutional amendment to guarantee women equal rights
Kelo v City of New London
New London siezed private property to sell to private developers to create jobs and increase tax revenues. The majority held that the city's taking of private property to sell for private development qualified as a "public use" within the meaning of the takings clause (5th amendment)
unreasonable searches and seizures
Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th Amen.
Thirteenth Amendment
One of the three Civil War Amendments; specifically bans slavery in the United States
Fifteenth Amendment
One of the three Civil War amendments; specifically enfranchised newly freed male slaves
*Brown v. Board of Education* (1954-1955)
Overturned Plessy case. Racially segregated public facilities are unconstitutional.Unanimous court led by Chief Justice Earl Warren ruled the doctrine of "separate but equal" to be unconstitutional.
Plessy v. Ferguson (1896)
Plessy challenged a Louisiana statute requiring that railroads provide separate accommodations for blacks and whites. The Court found that separate but equal accommodations does not violate the equal protections clause of the Fourteenth Amendment
Weeks v. U.S. (1914)
Police entered the home of Fremont Weeks and seized papers which were used to convict him of transporting lottery tickets through the mail.Established the Exclusionary Rule, which held that illegally obtained evidence could not be used in federal court (4th)
Affirmative action
Policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group
*Engel v. Vitale* (1962)
Prohibited state-sponsored recitation of prayer in public schools. Struck down a NY State nondenominational prayer with the words "Almighty God, we acknowledge our dependence upon thee..."
Equal Rights Amendment
Proposed amendment that would bar discrimination against women by federal or state governments
Title IX
Provision of the Educational Amendments of 1972 that bars educational institutions receiving federal funds from discrimination against female students
de facto discrimination
Racial discrimination that results from practice (such as housing patterns or other social or institutional, non-governmental factors) rather than the law
de jure discrimination
Racial segregation that is a direct result of law or official policy
Civil rights
Refers to the government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals based on categories such as race, sex, national origin, age, religion, or sexual orientation
Sixth Amendment
Right to counsel, the right to confront witnesses, and the right to a speedy and public trial
Roe v. Wade (1973)
Ruled that stats could not restrict abortion during first trimester; based on 4th Amendment right to be secure in your person
equal protection clause
Section of the Fourteenth Amendment that guarantees that all citizens receive "equal protection of the laws"
*Clinton v Jones* (1997)
She alleged that while she was an Arkansas state employee, she suffered sexual advances from Governor Clinton. Jones claimed that her continued rejection of Clinton's advances ultimately resulted in punishment by her state supervisors. Court held that the Constitution does not grant a sitting President immunity from civil litigation except under highly unusual circumstances.
Snyder v Phelps (2011)
Snyder filed a lawsuit against members of the Westboro Baptist Church who picketed at his funeral.Court held that the First Amendment shields those who stage a protest at the funeral of a military service member from liability.
*Gideon v. Wainwright (1963)*
States may not deprive accused felons of their right to legal counsel. Governments must provide an attorney in all cases for those who can't afford one.
*Lawrence v. Texas (2003)*
Struck down sodomy law that had criminalized homosexual sex in Texas.Lawrence overruled Bowers saying that consensual sexual conduct was part of the liberty protected under the 14th Amendment
SNCC
Student Non-Violent Coordinating Committee; started with sit-ins in diners; had problems with SCLC
United States v. Lopez (1995)
Student was charged under act for having gun on school grounds. The act is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.Commerce clause of Constitution does not give Congress the power to regulate guns near state-operated schools.
*Baker v. Carr* (1962)
Tennessee citizens alleged that a 1901 law designed to apportion the seats for the state's General Assembly was virtually ignored. Baker's suit detailed how Tennessee's reapportionment efforts ignored significant economic growth and population shifts within the state.Supreme Court can get involved in legislative apportionment.
Incorporation Doctrine
The Bill of Rights is nationalized - provisions apply to the states through the 14th Amendment
Wolf v Colorado (1946)
The Colorado Supreme Court upheld a number of convictions in which evidence was admitted that would have been inadmissible in a prosecution for violation of a federal law in a federal court. Court held that the Fourteenth Amendment did not subject criminal justice in the states to specific limitations and that illegally obtained evidence did not have to be excluded from trials in all cases.
Wesberry v. Sanders (1963)
The Fifth Congressional District, of which Wesberry was a member, had a population two to three times larger than some of the other districts in the state. Wesberry claimed this system diluted his right to vote compared to other Georgia residents.Ordered House districts to be near as equal as possible--enshrined the principle of "one man, one vote"
Reed v Reed (1971)
The Idaho Probate Code specified that "males must be preferred to females" in appointing administrators of estates. Court held that the law's dissimilar treatment of men and women was unconstitutional (Equal Protection Clause of the Fourteenth Amendment)
Tinker v Des Moines (1969)
The Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property.
*Buckley v. Valeo* (1976)
The court ruled that giving money to a political campaign was a form of free speech and threw out some stringent federal regulations on fund-raising and election spending.
suffrage movement
The drive for voting rights for women that took place in the United States from 1890 to 1920
probable cause
The reason an officer has to arrest or search someone
Lemon v. Kurtzman (1971)
This case dealt with state laws intending to give money to religious schools or causes. In deciding whether a law violates the establishment clause a three-part test is used called the Lemon Test: Does the law have a secular, rather than a religious, purpose?; Does the law neither promote nor discourage religion?; Does the law avoid "excessive entanglement" of the government and religious institutions?
Gibbons v Madison (1824)
Thomas Gibbons -- a steamboat owner who did business between New York and New Jersey under a federal coastal license -- challenged the monopoly license granted by New York to Aaron Ogden.Court found that New York's licensing requirement for out-of-state operators was inconsistent with a congressional act regulating the coasting trade.
*Heart of Atlanta Motel, Inc. v. United States (1964)*
Title II of the Civil Rights Act of 1964 forbade racial discrimination by places of public accommodation if their operations affected commerce. The Heart of Atlanta Motel in Atlanta refused to accept Black Americans and was charged with violating Title II.The Court thus concluded that places of public accommodation had no "right" to select guests as they saw fit, free from governmental regulation.
Brown v. Board of Education (1954)
U.S. Supreme Court decision holding that school segregation is inherently unconstitutional because it violates the Fourteenth Amendment's guarantee of equal protection; marked the end of legal segregation in the United States
McCulloch v. Maryland (1819)
US Constitution is "the supreme law of the land." This case began the process of expanding the power of the federal government through the necessary and proper clause. (Implied powers; since Congress has the power to tax and spend, the creation of a nation bank is implied [necessary and proper] to that end).
*Grutter v. Bollinger/ Gratz v. Bollinger (2003)*
University of Michigan Law School & University of Michigan undergraduate school. Both used affirmative action, undergraduate school gave minority applicants a large boost in the score used by officers deciding on admission. Court threw out undergraduate system of selection but upheld Bakke
Schenck v. United States (1919)
Upheld Espionage Act of 1917 which said people who interfered w/ war effort could be imprisoned; First Amendment rights not absolute; "clear and present danger" test; Schenck didn't have the right to print, speak, and distribute material against the U.S. during WWI
grandfather clause
Voting qualification provision in many southern states that allowed only those whose grandfathers had voted before Reconstruction to vote unless they passed a wealth or literacy test
libel
a false written statement about an individual
poll taxes
a fee that you had to pay before voting
symbolic speech
a form of freedom of expression without speaking
white primary
a way southern whites used to discourage blacks from entering political parties and voting; only whites can join
search warrant
a written authorization from a court specifying the area to be searched and what the police are searching for
13th Amendment
abolished slavery and involuntary servitude
24th Amendment
amendment - no more poll taxes
15th Amendment
can not deny anyone to vote because of their race or color
prior restraint
censorship
civil rights
citizens social and political freedom
Seneca Falls
convention called for the equal rights of women
cruel and unusual punishment
court sentences prohibited by the Eighth Amendment, but the death penalty is not prohibited
Equal Rights Amendment
equality of rights under the law shall not be denied or abridged by the US or by any state on account of sex; never passed
14th Amendment
forbids the states from denying to anyone "equal protection of the laws"
William Lloyd Garrison
founded American Anti-Slavery Society in 1833;
Lucretia Mott
founder of women's rights movement
Voting Rights Act of 1965
helped end formal and informal barriers to voting
exclusionary rule
illegally obtained evidence can't be used in court
Truman
integrated the military
comparable worth
issue when women are paid less for working at jobs requiring comparable skill
Civil rights Act of 1964
law made racial discrimination against any group in hotels, motel, etc and forbade many forms of job discrimination
civil liberties
laws that protect people from the government; including freedom of speech
Strom Thurmond
longest filibuster in Senate history against Civil Rights Act of 1957
Alice Paul
militant; radical women's rights activist for the 19th Amendment; National Women's Party
Fifth Amendment
no person can be tried twice for the same crime also, you don't have to incriminate your self
Americans with Disabilities Act of 1990
people can't be denied employment because of disability
free exercise clause
people should have the right to practice religion as they choose
right to privacy
personal information about individuals which can be collected by governments and other public
affirmative action
policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group
19th Amendment
prohibits any United States citizen to be denied the right to vote based on sex
NAACP
served to provide african americans with lawyers
self-incrimination
situation when an individual accused of a crime is compelled to be a witness against him/herself in court
Bill of Rights
the first ten amendments in the constitution
suffrage
the legal right to vote.
equal protection of the laws
the right of all persons to have the same access to the law and courts
Webster v. Reproductive Health Services (1987)
the state of Missouri enacted legislation that placed a number of restrictions on abortions. Court held that the Due Process Clause did not require states to enter into the business of abortion, and did not create an affirmative right to governmental aid in the pursuit of constitutional rights.(5th and 14th)