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23 Cards in this Set
- Front
- Back
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Miranda V. Arizona
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Facts:
A number of cases that stated that the accused did not get there rights stated to them in interrogation Question: Is the lack of notifying the accused of there rights a violation of there 5th amendment Holding: Police have to state the rights to the accused(Miranda rights) |
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Dred Scott v. Sandford
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1857 Supreme Court decision that stated that slaves were not citizens; that livig in a free state or territory, even for many years, did not free slaves; and declared the Missouri Compromise unconstitional
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Plessy v. Ferguson
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Supreme Court decision in 1896 that upheld a Louisiana law requiring the segregation of railroad facilities on the grounds that "separate but equal" facilities were constitutional under the 14th amendment
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Brown v. Board of Education
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Court found that segregation was a violation of the Equal Protection clause; "separate but equal" has no place; reverse decision of Plessy v Ferguson.
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Regents of U.C. Davis v. Bakke
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Facts:
Allan Bakke was applying to U of Cali Medical School, but was rejected two times He thought is was because he was white and the Univ. was trying to meet the affrimative action program Question: Did it violate the 14th amendment? Holding - Seek more equality with whites while keeping a affirmative action program for minorities Dissent - Powell stated that racial quotas used at the Univ violated the 14th, but stated that race is a criteria for college admissions. |
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Brandenburg v. Ohio
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Facts:
A Ku Klux Klan Member was arrested and charged with violating a Ohio law that dealt with speech. Question: Did the Ohio Law violate the 1st and 4th amendment? Holding: -8-0 Vote Stated that it did violate his 1st and 4th amendment -Established a Two Pronge test to evaluate speeches |
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Texas v. Johnson
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Facts:
Gregory Johnson burned a american flag in protest of Reagan's policies and was charged and arrested Question: Is flag burning covered under the First Amendment? Holding: 5-4 decision stating that it is covered under the First Amendment -may not prohibit freedom of expression if the majority finds it offensive Look at Dissents |
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Boy Scouts v. Dale
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Facts of the Case:
James Dale's membership to the Boys Scouts of America was revoked because he was homesexual. Question: Is the Boy Scouts First Amendment right violated when barring homosexuals from serving as troop leaders? Holding: Yes, the court ruled that the Boy Scouts can bar homosexuals from being troop leaders because it is inconsistent with the values it seeks to instill |
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Erznoznik v. City of Jacksonville
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Facts:
A Drive In Theater showed a movie with nudity that could be seen in public and was charged with violating a ordinance. Question: Did the City Ordinance violate the 1st and 14th amendment? Holding: Yes, the ordinance is unconstitutional for the the city's distinction between films with nudity and without films |
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Oregon v. Smith
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Facts of the Case:
Two Native Americans used illegal drug as part of there religion and were fired from there job. They were denied unemployment benefits. Question: Can people get denied unemployment benefits for being fired by using illegal drugs for religious purposes? Holding: Yes, because the Government has never allowed it before, and it would open up for excuses to not follow a bunch of civil laws based on religion. Look at O Connors Dissent |
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Lemon v. Kurtzman
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Facts of Case:
State funded aid to church related schools Question: Does the Rhode Island and Penn. statues violate the 1st amend. for providing aid to church related education? Holding Yes it did A three part test to deal with religious establishment. -statue must be secular -does not deal with religion -government entanglement with religion |
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Wisconsin v. Yoder
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Facts of the Case:
Some Amish people refused to send there children to school past the eighth grade and were prosecuted under Wisconsin law. Question: Did Wisconsin's law violate the first amendment right of the Amish family? Holding: Yes, the Amish families interest outweighs state interest. Amish life will not benefit from public education. |
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Everson v. Ewing Township
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Facts:
A New Jersey law allowed for public aid for public transportation to students who go to a catholic school. Question Did this law violate the Establishment clause of the first amendment? Holding: No it did not violate the 1st amendment because it was a broad program not specifically aid catholic students |
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West Coast Hotel v. Parrish
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Facts:
A women sued the Hotel for not paying her minimum wage. Question: Did the minimum wage law violate the freedom of contract under the 5th and 14th amendment. Holding: The minimum wage law was a valid regulation of the freedom of contract between a employee and a employer. State has a interest in the well being of women Look at Sutherland's Dissent |
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Griswold v. Connecticut
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Facts of the Case:
A medical advisor group was convicted of violating a law for giving advice how to stop pregnancy. Question: Do married couples have martial privacy from state restrictions? Holding: Yes, the state held that the law was null and void because there is marital privacy covered by the 1, 3, 4, and 9th amendment. |
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Roe v. Wade
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Facts of the Case:
Roe a woman wanted to get a abortion, but was illegal in Texas. Question: Is it a constitutionally permissible for the right to have a abortion? Conclusion: Women does have the right to have a abortion and the right to privacy to make her decision. Whites Dissent |
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Planned Parenthood v. Casey
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Facts of the Case:
Pennsylvania Abortion Control Laws were challenged Question: Can a state require women who want an abortion to obtain informed consent, wait 24 hours, and, if minors, obtain parental consent, without violating their right to abortions as guaranteed by Roe v. Wade? Holding: Upheld Roe and kept most of the Penn laws Undue Burden Test- a test that sees if a law holds up a abortion too long( Husband Consent Fails) |
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Planned Parenthood Of Missouri v. Danforth
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USSC says abortion is a decision between woman and doctor also permits teenager to have abortion without parents ok
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Lawrence v. Texas
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Facts of Case:
Two homosexual adults were arrested for a sexual actions after police raided there house. Question: Is there a violation of due process under the 14th amendment for criminal charges to be brought against same sex couples who engage in sexual conduct by ? Is it a violation of of the couples privacy? Holding: No its not a violation of the law, but it is a violation of there privacy under the due process law. Struck down the Texas Law |
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Christian Legal Society v. Martinez
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Facts of the Case:
A student led organization refused to accept gays and lesbians into there organization. The school took there government funds from the organization because it violated there policies. CLS stated that they had a 1st amendment right not to accept gays and lesbians |
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McDonald v. Chicago
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Facts of the Case:
Mcdonald and a few others filed a suit against the city of Chicago because they could not legally have handguns. They claimed that it violated there 2nd amendment right. |
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District of Columbia v. Heller
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Facts of Case:
The District of Columbia passed a law regulating handguns. A group of people stated that there 2nd amendment right was violated. Question: Does the 2 amendment cover individuals right to have a firearm not just the militia? Holding: Yes, people not just the militia have the right bear arms. |
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Kelo v. New London
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Facts of the Case:
New London took private property to use for economic development. The owners stated it violated there 5th amendment. Holding: The city did not violate the 5th amendment because it was for public use and was under the takings clause. |
