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70 Cards in this Set
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- Back
- 3rd side (hint)
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Door's Rebellion Rhode Island
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Political Question Doctrine. R.I. imposed martial law after Door established new government. Supporters violated martial law in order to take matter to court
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political question doctrine
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McCulloch v Maryland
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State of MD passed statute placing tax on notes of 2nd bank of US. McCulloch issues notes w/o paying tax. States do not have right to undermine Congress.
Established broad doctrine of implied powers |
Implied powers-broad
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Dartmouth College
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Implied powers. States cannot impair obligations of a contract.
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Implied powers-contracts
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Sturges v Crownensheild
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implied powers. abolish debtor's prison would violate contract between debtor and lender. statutes can't impair contracts
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Implied powers-contracts
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Gibbons v Ogden
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monopoly on waterway. States cannot impinge on Congress' authority to regulate interstate commerce.
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Implied powers-regulate commerce
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Fletcher v Peck
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GA legislature cannot revoke deed. Contract was good at time of purchase.
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Yazoo land fraud affair-Implied powers
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Youngstown Sheet and Tube v Sawyer (Steel Seizure Case)
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Truman to nationalize steel industry. Times of war does not give Pres blank check.
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Invalidation of executive power.
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US v Nixon
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Nixon to hand over watergate tapes. Required him to turn over tapes even though he declared executive power.
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Invalidation of executive power.
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Ashwander v TVA + rules
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1. Court will not pass upon constitutionality of legislation in a friendly non-aversarial manner
2. Court will not formulate a rule of Constitutional law broader than is required by the facts to which it is to be applied. 3. Court will not pass upon the constitutionality of a law in advance of the necessity deciding it. 4. Court will not upon a constitutional question, although properly presented by the record, if there is also present some other ground to which the case may be disposed of. 5. standing 6. estoppel: court will not pass upon the constitutionality of a statute in an instance of one who has avalied himself of its benefits 7. principle of the court to ascertain whether the construction of a statute is fairly possible by which the question may be avoided |
very important rules about constitutional law
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Hamdi v Rumsfield
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went to Afghanistan. caught by Northern Alliance. Thought to be member of Taliban. Brought him to US for trial by jury. According to AUMF (approval by Congress) to detain enemy combattant.
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enemy combattant and due process
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Razal v Bush
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as long as US has complete jurisdiction (not sovereign-own the land) due process is entitled to all in the jurisdiction, including alien belligerance.
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habeaus corpus
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Wong Wing and Yick Wo
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due process extends to all in US jurisdiction, including illegal Chinese immigrants
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due process
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Johnson v Eisentrauger
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US jurisdiction=due process
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due process
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Hamdan v Rumsfeld
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declared enemy combattant by CSRT and detained. convicted of conspiracy against US. Hamdan filed for Habeaus Corpus. Hamdan petitioned that military commission lacked power to do so. DTA had a flaw. Due to Ashwander rules, Court continues to have jurisdiction to hear case.
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due process, habeaus corpus, detention of military combattant
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Geneva Convention and Common Article Three
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deals with POWS and minimum standards to be applied to persons in captivity. Bars violence to life and person including torture and cruel treatment. Geneva Convention enforced by ICC or ICJ.
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about enemy combattants/POWS and treatment
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Military Commissions Act of 2006
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POWS subject to Geneva Convention
Retroactive immunity Gives President authority to interpret meaning of Geneva Convetions. War crimes are a grave breech of common article 3. Habeas corpus, covers all detainees. |
amends DTA and adds to Common Article 3
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Who publishes Presidential signing statements?
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West Publishing Company
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Not East but....
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4 safeguards of original constitution
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1. protection of writs of habeas corpus
2. prohibition of ex post facto laws 3. prohibition of bills of attainder (w/o trial by court) 4. prohibition against impairing contracts/Contract clause Amendment 14 brought safeguards to the states through doctrine of incorporation |
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Procedural Due Process v Substantive Due Process
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Notice of hearing before government can take away life, liberty, property. Versus Prohibits government from enforcing policies that are unjust
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notice v prohibition of unjust policies
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Lochner v NY
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statute violated contract between employer/employee relationship in a bakery
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protects contracts/property rights
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West Coast Hotel Case
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rejected liberty of contract view. Really to do with right to privacy.
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property rights
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Griswold v Conn
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state statute prohibiting use of birth control. Privacy a right enforceable against the states via 14 amendment
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privacy
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Roe v Wade
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right of privacy to determine to have an abortion
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privacy rights
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Exceptions to freedom of speech
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1. clear and present danger
2. deflamation (libel-written and slander-spoken) 3. obscenity 4. fighting words 5. drug use advocacy (Bong Hits for Jesus case) |
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Zenger
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published Cato's letters, critical of government. Focused on truth as a principle of defense. Judge ordered jury, if published letters, come back with guilty verdict. Disobeyed judge, not-guilty.
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freedom of press, prior restraint doctrine
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Near v Minnesota
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stop publication of malicious magazines. Court struck down. No Prior Restraint.
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prior restraint
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Pentagon Papers
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White house attempted to block publication. Court claimed blocking publication is unconstitutional. No Prior Restraint
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prior restraint
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3 types of verdicts
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general (guilty/innocent)
special (find specific facts) directed (pre-trial judgment summarY) |
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Lemon Test established by Lemon v Kurtzmen
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1. purpose...religious? No!
2. effect...religious? No! 3. extent of entanglement b/w govt and religion...greater=more likely to be invalidated. |
3 prong test
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Everson v Board of Education
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establishment clause applied to the states by way of 14th amendement. allowed school boards to reimburse for transportation including religious schools.
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transportation costs
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Agostini case
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public school teachers in parochial schools to provide federally funded remedial classes
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remedial classes, OK!
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Engel v Vitali
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secular prayer...No!
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prayer in schools
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Abingdon School district v Schemp
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no prayer or bible reading before school. bible can be studied as part of secular program.
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religious studies program
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Wallace v Jeffrey, Santa Fe Case
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voluntary prayer impermissible. not at football games either.
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Why UT prayer is against the law.
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Marsh v Chambers
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prayer before opening of Congress okay because deeply embedded in US history. would be found unconstitutional if Lemon Test applied.
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Congress prayer
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McGowan v Maryland
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Sunday closing laws...not because of religion but because workers need a day of rest
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Sunday closing laws
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Zoack v Plauson
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religious classes outside of school okay
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religious classes
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Waltz v Tax Commissioner
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tax exemptions not an endorsement of religion
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tax exemptions for churches
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Newdow case
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noncustodial parent no standing. allowed Supreme Court to avoid issue (Ashwander rule 4). Claimed that pledge of allegiance violated establishment clause
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pledge of allegiance
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Reynolds v US
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anti-polygamy law and arrest. Only religious beliefs protected. Not actions that run afoul of neutral laws enforced on everyone
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polygamy case
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Sherbert v Verner
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Sherbert lost unemployment because refused a job that required her to work on Saturday (Sabbath)
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unemployment benefits taken from Jew
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yoder v Wisconsin
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amish beliefs, home school, exceptions to compulsory attendance at school until 17
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amish home schooling
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Quaring v Nebraska
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claimed picture on license against 2nd commandment, worship of idols. allowed to not have picture on driver's license!
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drivers license
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Oregon v Smith
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indians failing drug test because of ritual. Not protected because these laws are applicable to everyone and are neutral.
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indian ritual drugs
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Lock v Davey
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allowed refusal of scholarship to theology majors
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Lambs Chapel
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discriminate based on content (XXX) not viewpoint.
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content/viewpoint
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Rosenberger v UVA
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school wanted reimbursement for religious newspaper. student fees paid for this sort of activity. don't like it. don't go to school here.
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religious newspaper reimbursement
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Boy Scouts of America v Dale
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Supreme Court allowed BSA to kick out Dale based on gay because him being there was found offensive. Not able to advocate viewpoint.
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freedom of association
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Gideon v Wainright
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provide representation for those unable to afford it
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public attorney
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Kelo v City of New London
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taking of public property for private development. although private company makes profit, it is for future use of the public. future "purpose" of the public"
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eminent domain
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US v Virginia
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VMI-all males institute violated equal protection
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equal protection for all
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Loving v Virginia
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interracial marriage, violation of Virginia.
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equal protection
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exceptions to obtaining a warrant
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1. plain view
2. alka seltzer approach 3. emergency (not in a dwelling) 4. search incident to a lawful arrest 5. automobile exception 6. hot pursuit |
6
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exceptions to probable cause
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1. stop and frisk
2. school searches 3. drug tests |
3
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definition of mala in se
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felonies, punishable by confinement of 1 year +
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felony
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mala prohibita
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anti social behavior, incapatable with public good; victimless crimes, misdemeanors
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misdemeanors
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two types of criminal intent
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general: intention to inflict injury.
specific: mental element added to cause a specific result. |
difference is mental element
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Weeks v US
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illegally sending lottery tickets through mail. Prohibited use of illegally obtained evidence in court proceedings
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exclusionary rule
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Mapp v Ohio
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found porn while looking for something else. Exclusionary rule kept her from being prosecuted from this.
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exclusionary rule
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Wolf v Colorado
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held that 14th amendment did not rule of use of illegally obtained evidence in all cases...silver platter doctrine. (way of getting around exclusionary rule)
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getting around exclusionary rule
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Wilson v Arkansas
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police may avoid knock and announce rule if:
1. firearms/dangerous to police inside 2. suspicion that evidence will be destroyed (alka seltzer) 3. if prisoner escapes from a police (hot pursuit) |
3
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Wharton's rule
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2 people cannot conspire in an act that only requires two people.
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conspiracy
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Megans law
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sex offenders must be registered with local officials
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sex offenders
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Hales rule
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husband's can't "rape" their wives. modern statutes elimated this
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raping wives
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rape shield
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statutes prohibit introduction of evidence of victim's prior sexual history
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sexual history
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Wilson v Arkansas
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police may avoid knock and announce rule if:
1. firearms/dangerous to police inside 2. suspicion that evidence will be destroyed (alka seltzer) 3. if prisoner escapes from a police (hot pursuit) |
3
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Wharton's rule
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2 people cannot conspire in an act that only requires two people.
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conspiracy
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Megans law
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sex offenders must be registered with local officials
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sex offenders
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Hales rule
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husband's can't "rape" their wives. modern statutes elimated this
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raping wives
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rape shield
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statutes prohibit introduction of evidence of victim's prior sexual history
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sexual history
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