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57 Cards in this Set
- Front
- Back
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Baker v Carr 1962
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Issue of reapportionment can be resolved in state courts. Not a political question. Need equal size districts. One person one vote.
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Miranda v Arizona 1966
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Robbery, murder and rape Miranda thrown in jail. However wasn't informed Miranda rights upon arrest, amendment five (due process)
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Gideon v Wainwright 1961
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Burglary. Wasn't provided with lawyer. "right to council" amendment 6.
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Lochner v New York 1905
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New York's regulation of the working hours of bakers was not a justifiable restriction of the right to contract freely under the 14th Amendment's guarantee of liberty.
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Plessy v Ferguson 1894
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separate but equal constitutional
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Brown v Board of Education 1954
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Segregation of students in public schools violates the Equal Protection Clause of the Fourteenth Amendment, because separate facilities are inherently unequal. District Court of Kansas reversed. reverses plessy precedent
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Bowers v Hardwick 1986
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A Georgia law classifying homosexual sex as illegal sodomy was valid because there was no constitutionally protected right to engage in homosexual sex. Eleventh Circuit reversed and remanded.
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Lawrence v Texas 2003
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A Texas law classifying consensual, adult homosexual intercourse as illegal sodomy violated the privacy and liberty of adults to engage in private intimate conduct under the 14th amendment.
Bowers precedent reverse |
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stare decisis
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respecting precedents
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DeFunis v. Odegaard 1974
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Wanted to go to Washington Law but claimed affirmative action didnt get in. Got all the way up to Supreme Court but by that time in other law school going to get degree so declared moot
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opinions
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opinion of court, concurring opinion, dissenting opinion
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Korematsu V US 1944
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Defended executive order to send japanese to western concetration camps because said national security outweighed his individual rights. Overturned because government gave false information
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Warren Court 1953-1969
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expanded application of constitution to civil liberties.
Brown v board of education 1954 Engel v vitale 1962 gideon v wainwright 1963 Griswold v connecticut 1965 Miranda v arizona 1966 |
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Griswold v Connecticut 1965
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rgiht to privacy, banning contraceptives
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Engel v Vitale 1962
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bans prayer in public school
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Miranda v Arizona 1966
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due process. read rights
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Burger Court 1969-1973
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Roe v Wade 1973
Buckley v Valeo 1976 Gregg v Georgia 1976 Regents of University of California v Bakke 1977 |
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Roe v Wade 1973
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Texas law making it a crime to assist a woman to get an abortion violated her due process rights. U.S. District Court for the Northern District of Texas affirmed in part, reversed in part.
Not complete protection of privacy |
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Regents of University of California v Bakke 1977
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no quota systems!
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Buckley v Valeo 1976
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limits on campaign contributions. Spending money on own election though is free speech. Struck down certain parts.
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Gregg v Georgia 1976
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sentencing needs to be discreet for death penalty. Can't be arbitrary otherwise it is cruel and unusual.
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Rehnquist Court 1986-2005
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revival of federalism. Limits on congressional power under commerce clause.
US v Morrison 1994 US v Lopez 1995 Bush v Gore 2000 Lawrence v Texas 2003 |
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US v Lopez 1995
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posessing gun near school doesn't affect interstate activity
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US v Morrison 1994
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freshman rape. The Violence Against Women Act of 1994, 42 U.S.C. § 13981, is unconstitutional as exceeding congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution.
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Lawrence v Texas 2003
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decrminalize homosex. privacy and liberty of adults under 14th amendment
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Roberts court
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2005-now. more conservative.
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Brandenberg v Ohio 1969
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Ohio's criminal syndicalism statute violated the First Amendment, as applied to the state through the Fourteenth, because it broadly prohibited the mere advocacy of violence rather than the constitutionally unprotected incitement to imminent lawless action.
Shows where SC intervenes to say when not free speech anymore. |
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Barron v Baltimore 1833
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State governments are not bound by the Fifth Amendment's requirement for just compensation in cases of eminent domain.
However, beginning in the early 20th century, the Supreme Court has used the Due Process Clause of the Fourteenth Amendment. Therefore, as to most, but not all, provisions of the Bill of Rights, Barron and its progeny have been circumvented, if not actually overruled. |
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incorporation
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theoretical basis for applying civil liberties protections to the states because states done bad job at protecting individual rights when on their own so now power of federal government brought into force the states to respect individual rights of their citizens
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balancing test
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civil liberty of individual against argument of the state that there is compelling state interest and if on balance the court finds compelling state interest is over and above individual’s, rule in favor of federal rather than individual.
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lynch v donnelly 1984
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Christmas display—raise issues in front of city hall or public library—part of holiday display with Santa and Christmas trees and this did not constitute establishment of religion by SC.
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WI v yoder 1972
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Yoder was Amish with lots of kids and education they don’t want you to learn too much and exposed to literature and history with lots of different ideas. After certain age kids not allowed in school to avoid this but law in Wisconsin is compulsory education law and cannot drop out before a certain age—so state went after Yoder family to educate their kids which he refused to do. Clear raising of free exercise—do you uphold religious assertion of religious rights—if sincere religious belief we must respect this against state law and assertion of compelling state interest.
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Church of Lukumi Babalu Aye v. City of Hialeah 1993
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Hialeah passes a law banning animal sacrifices
Church goes to court, sued the city, case goes to the supreme court Supreme Court holds that religious rights hold over animal sacrifices, their right to practice religion was upheld |
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Near v Minnesota 1931
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A Minnesota law that imposed permanent injunctions against the publication of newspapers with "malicious, scandalous, and defamatory" content violated the First Amendment, as applied to the states by the Fourteenth. Minnesota Supreme Court reversed.
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Roth v US 1957
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Obscenity is not protected by the First Amendment, but more strictly defines what is considered "obscene".
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Miller v California 1973
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Obscene materials are defined as those that the average person, applying contemporary community standards, find, taken as a whole, appeal to the prurient interest; that depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable state law; and that, taken as a whole, lack serious literary, artistic, political, or scientific value.
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RAV v. City of St. Paul 1992
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The St. Paul Bias-Motivated Crime Ordinance was struck down both because it was overbroad, proscribing both "fighting words" and protected speech, and because the regulation was "content-based," proscribing only activities which conveyed messages concerning particular topics. Judgment of the Supreme Court of Minnesota reversed.
(cross burning) |
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Rumsfeld v. Forum for Academic and Institutional Rights, Inc 2006
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Court ruled that the federal government, under the Solomon Amendment, could constitutionally withhold funding from universities if they refuse to give military recruiters access to school resources. Law schools were unwilling to allow recruiters onto campus because they viewed the military's so-called "Don't ask, don't tell" policy as being discriminatory. The Supreme Court held oral arguments on December 6, 2005, and issued a unanimous 8-0 decision March 6, 2006, finding the Solomon Amendment constitutional.
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Kennedy v Louisiana
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It is unconstitutional to impose the death penalty for the crime of raping a child, when the victim does not die and death was not intended. Louisiana Supreme Court reversed and remanded to lower court for resentencing.
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Fisher
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War power resolution:
• Reasons to give more presidential power is because defensive war. • Congress can check with power of purse, appropriation and authorization. • Power been shifting from career executives to short term political appointees. More loyal to President than to federal policies that Congress enacts into law. |
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Greenstein
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Modern Presidency
• Qualities that bear on presidential performance: • Effectiveness as Public Communicator • Organizational Capacity • Political Skill • Vision • Cognitive Style • Emotional intelligence |
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production organization
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both outputs and outcomes are observable. Like Social Security and US Postal Service. Managers can observe outputs of officials outputs can be observed but outcomes are unclear or not observable. Ex US armed forces during peacetime – can observe training and deployment but how ready for future conflict? Occupational Safetely and Health Admistration, can see act of health inspectors but can’t measure how individual actions add up to improve safetly and health in the workplace.
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procedural organization
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outputs can be observed but outcomes are unclear or not observable. Ex US armed forces during peacetime – can observe training and deployment but how ready for future conflict? Occupational Safetely and Health Admistration, can see act of health inspectors but can’t measure how individual actions add up to improve safetly and health in the workplace.
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craft organization
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outputs hard to observe, but outcomes easy to evaluate. Department of Labor, outputs of individual inspectors in field difficult to measure but outcomes of negotiated compliance agreements and referrals easy to measure.
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coping organization
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neither outputs or outcomes observable. Eg Department of State. Activities of diplomants and policemen can’t be observed or measured and outcomes are difficult to judge (say changes in foreign perceptions of US interests etc)
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US v Nixon 1974
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The Supreme Court does have the final voice in determining constitutional questions; no person, not even the President of the United States, is completely above law; and the president cannot use executive privilege as an excuse to withhold evidence that is 'demonstrably relevant in a criminal trial.'
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youngston sheet & tube co v sawyer 1951
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The President did not have the inherent authority to seize private property in the absence of either specifically enumerated authority under Article Two of the Constitution or statutory authority conferred on him by Congress. DC District Court affirmed.
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initiation
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policy filtered upward. Bureaucracy tells white house what possible because great expertise
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implementation
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lag between law maker and delivery of service
Hard to control – so big. Have different goals, usually long term unlike president short term |
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ombudsman
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they are people who act as intermediary between the federal govt and their constituency. Investigate constituent complaints and attempt to resolve them.
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US v Nixon 1974
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The Supreme Court does have the final voice in determining constitutional questions; no person, not even the President of the United States, is completely above law; and the president cannot use executive privilege as an excuse to withhold evidence that is 'demonstrably relevant in a criminal trial.'
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impoudment
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even after money authorized and appropriated, president power to set money aside & not spend. Change this in 1974 so no impoundment.
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youngston sheet & tube co v sawyer 1951
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The President did not have the inherent authority to seize private property in the absence of either specifically enumerated authority under Article Two of the Constitution or statutory authority conferred on him by Congress. DC District Court affirmed.
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initiation
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policy filtered upward. Bureaucracy tells white house what possible because great expertise
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implementation
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lag between law maker and delivery of service
Hard to control – so big. Have different goals, usually long term unlike president short term |
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ombudsman
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they are people who act as intermediary between the federal govt and their constituency. Investigate constituent complaints and attempt to resolve them.
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impoudment
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even after money authorized and appropriated, president power to set money aside & not spend. Change this in 1974 so no impoundment.
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