Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
32 Cards in this Set
- Front
- Back
|
Plessy v. Ferguson
|
1/8 black man tries to sit in a white section on a railroad car and is not allowed because there is state sponsored segregation
He claims the 13th and 14th amendment rights Majority- you have to treat people equally, but you can treat them differently. Famous dissent- the goal of segregation is to keep different races from white people, we need a colorblind constitution |
|
|
Brown v. Board of Education
|
Class action suit
Determined separate is inherently unequal the court dances around the idea that they were wrong in plessy, dont actually overturn plessy pyschological studies TIMES CHANGE brown II- integrate with speed |
|
|
Swan v. charlotte-Mecklenburg
|
2/3 of black kids were attending 99% black school- they believe the answer was cross county busing
Majority- Burger- The Court held that busing was an appropriate remedy for the problem of racial imbalance among schools, even where the imbalance resulted from the selection of students based on geographic proximity to the school, rather than from deliberate assignment based on race. |
|
|
Milliken v. Bradleyy
|
Detroit
wanted to integrate 54 schools in and around detroit 5-4 decision Burger wrote majority No intentional segreation, no segregation in 53 school systems reorganizing denies local control put limitations on Swann The Court held that "[w]ith no showing of significant violation by the 53 outlying school districts and no evidence of any interdistrict violation or effect," the district court's remedy was "wholly impermissible" |
|
|
Reed v. Reed
|
Richard Reed died, and hiso parents were fighting over his estate
Male parents are favored, by law, to receive the estate Ruling- gender preference in a class system is not allowed under equal protections the classification must be reasonable, in order to use, not arbitrary Unanimous decision- must return to lower courts to decide estate beased on something other than gender dministrators of estates cannot be named in a way that discriminates between sexes. |
|
|
United States v. Virginia
|
VMI- leadership institute for males
Ginsburg- majority- if one woman wants to go and is qaulified, she should be allowed to go no public single sex schools women are equal under the 14th Created "equal" school VMIL- deemed unequal- doesnot pass the intermediate scrutiny test |
|
|
San Antonio v. Rodriquez
|
School districts are not eqaully funded
Majority- local funding by taxation is okay because they are not targeting by class wealth isnt the same thing as race and does not fall under equal protection education is not a fundamental right |
|
|
University of California v. Bakke
|
there was a quota system for minorities at UC
REVERSE discrimination powell used the strict scrutiny test dual admission tracks violate equal protection diverse classrooms are important; admission now allows for a look into background including race, but it cannot be a deciding factor (Harvard Test of Plus) |
|
|
Grutter v. Bollinger
|
Not a quota but a "critical mass" for a law school
The Law School was justified in it's actions upheld affirmative action admissions at the University of Michigan Law School o connor hoped that in 25 years affirmative action would be obsolete |
|
|
Mapp v. Ohio
|
Dolrey Mapp's house was entered (looking for a hardbored bomb fugitive) without a search warrant and the police found pornography, which violated Ohio's Anti Pornography Law
1961 The SC ruled that the police had a bad warrant and the Ohio Law was unconstitutional The Fourth Amendment prohibition against unreasonable searches and seizures, as applied to the states through the Fourteenth, excludes unconstitutionally obtained evidence from use in criminal prosecutions Should be able to have pronography according to the 1st amendment free speech |
|
|
Schenck v. US
|
the burning of draft cards
they said the draft violated their 13th amendment right to no slavery Majority- Holmes- cannot regulate sppech, but you can regulate action when speech becomes actions and the gov't could nomally regulate it, they can and should based on whether he had the 1st amendment right to do so because it created a clear and present danger to the enlistment and recruiting practices of the U.S. armed forces during a state of war. clear and present danger test |
|
|
Exclusionary Rule
|
evidence that is illegally obtained without a warrant cannot be used within a court of law
|
|
|
Gideon v. Wainwright
|
Charged with robbery, forced to act as his own council
the Supreme Court unanimously ruled that state courts are required by the Sixth and Fourteenth Amendments to the Constitution to provide lawyers in criminal cases for defendants unable to afford their own attorneys Justice Black upheld Powell, overturned Betts No one should be denied counsel |
|
|
Texas v. Johnson
|
Burning of the American flag in protest
flag burning was illegal in 48 states State has an interest in pursuing public peace, safety, and promoting nationhood Court ruled that symbolic speech (that has no imminent threat of lawless action) is protected by the 1st amendment A Texas statute that criminalized the desecration of the American flag violated the First Amendment |
|
|
New York Times v. US
|
The New York Times was publishing classified information known as the Pentagon Papers
Per curiam decision- the government hasnt met justification for prior restraint Many different opinions on this case- some absolutist who beleive that the first amendment has no restrictions (black and douglas), (stewart and white) think the president should determine how classified information is |
|
|
New York Times v. Sullivan
|
NYT issues a false advertisement about peaceful protest meant by police violence
Filed for libel with malice (assumed) Majority- many factual errors must establish malice in order to establish libel black and dougle concurring- state should regulate libel money laws, speech is absolute. The First Amendment, as applied through the Fourteenth, protected a newspaper from being sued for libel in state court for making false defamatory statements about the official conduct of a public official, because the statements were not made with knowing or reckless disregard for the truth. |
|
|
Miller v. California
|
Roth Test- defintion of obscenity is based on community standards
reiterated that obscene material was not protected by the 1st aemdnment Miller had a mass advertising campaign for the sale of adult books Established the 3 prong miller test 1. defines community standard 2.define in law what is obscene 3.whether it lacks value |
|
|
Everson v. Ewing
|
state law allowed busing to parochial and public schools
Black- busing is okay because it is not a religios practice and children need to get to school safely dissent- accepting aid means regulation Establishment Clause Case validated the law because they were not establishing a religion |
|
|
Engel v. Vitale
|
it is unconstitutional for state officials to compose an official school prayer and require its recitation in public schools
ESTABLISHMENT CLAUSE New York Required prayer |
|
|
Lemon v. Kurtman
|
PA
Nonpublic Elementary and Secondary Education Act- provided secular books to private schools State aid church violated the Establishment clause of the First Amendment Lemon Test 1. The government's action must have a legitimate secular purpose; 2. The government's action must not have the primary effect of either advancing or inhibiting religion; 3. The government's action must not result in an "excessive entanglement" with religion |
|
|
Wallace v. Jaffree
|
Alabama Law requiring a moment of silent meditation or voluntary prayer
struck down the law based on the lemon test a moment of silence is constitutional but a prayer is religious concurring- no secular purpose |
|
|
Edwards v. Aguillard
|
LA Balance Treatment Act- if you want to teach evolution you must teach creation
Struck down the law in a 7-2 decision History indicates it narrows science teaching, does not grant teachers flexibility, discriminates against evolution supporters, forbids discrimination on creation scientists attempts to advance a particular religion |
|
|
Wisconsin v. Yoder
|
Amish took their kids out of school
6-1 decision The kids did not need education past eighth grade because it was counterproductive to their lifestyle, negatively impacts their religious belief up to parents to decide they are still educated after schooling for the life they live states have an interest in education for commerce, but the Amish do not affect commerce Dissent- depriving children of their rights FREE EXERCISE |
|
|
Lambs Chapel v. cEnter Moriches
|
Schools could rent out space after hours
Lambs Chapel wanted to rent out space for a family values, child rearing in a religious perspective class Freedom of speech, not establishment according to the Lemon Test |
|
|
Rosenberger v. University of VA
|
Students wanting to fund a christian publication
denied funding- claimed viewpoint discrimination no direct money contract, contract vague freedom of speech was violated |
|
|
Santa Fe v. Doe
|
Prayer at Football Games
The school claimed private speech, secular purpose, non mandatory attendance, isn't ripe Court ruled: Not private speech because it is a public school, the voting process was bad because minorities were silenced, prayer will be seen as endorsed by the state, does not foster freedom of expression, the game is mandatory for some groups, worries aboput erosion of the establishment clause, violates the lemon test |
|
|
Buckley v. Valeo
|
FECA
1. limited the amount of money a candidate could spend on campaign 2. restricted the size of individual contributions 3. full disclosure of contributions and expenditures 4. provided for public financing of presidential campaigns 5. created the Federal Election Commission upheld the provisions of the act dealing with public financing, the presidents power to appoint FEC, and limitations on campaign contributions congress can limit contributions, but not expenditures struck down limits on spending of own money |
|
|
Near v. Minnesota
|
Public Nuisance Law- prohibiting certain types of publications that were considered scandalous or defamatory
The Saturday Press charged certain public officials with failing to crack down on mob crime immunity from prior restraint exists as long as it is not classified information, entirely obscene, or overrthrowing the government prior restraint allowed only in rare cases |
|
|
Miranda v. Arizona
|
rape and killed, question until confessed- no rights given
Right to a lawyer in confession, many are not aware Discourages against police brutality confession is voluntary you do not have to prove your own innocence everyone needs to know their rights stated the rights so the police knew what to say |
|
|
Lovell v. Griffin
|
Liberty of free press not limited to news papers or periodicals
Georgia law banned distributing of leaflets without a permit Struck down ordinance as prior restraint on the press |
|
|
Sherbert v. Verner
|
Held that denial of unemploment benefits to a Seventh Day Adventist for refusal to work on saturday, violated the Free Exercise Clause; established compelling interest test- state must have a compelling interest before any state could limit religious freedom
|
|
|
Sweatt v. Painter
|
using the separate but qual doctrine, ruled unconstitutional racially segregated facilities in state university legal education
applied to UT, rejected on racial grounds |
