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31 Cards in this Set
- Front
- Back
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Baker vs Carr
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established discrimination based on place of residence
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What are the requirements to be a SC judge?
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None
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Powers Congress has over SC
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1. Strip SC of apellate jurisdiction
2. Control the size of the SC 3. Increase justices income |
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Concurring opinion
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When a majority member of the court agrees with decision made, but for other reason.
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Dissenting opinion
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done by a justice in the minority that disagrees with the decision
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Opinion of the court
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States decisions of the court and why they came to taht decision
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First Amendment protects?
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Freedom of....
Press, Religion, speech, assembly |
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Clear and present danger
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specifies a person may not use their freedom of speech to incite a riot.
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Fighting words
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Personal abusive words that are clearly said against a certain person.
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Libel and Slander
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False statements that brings people into a dispute
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New York Times vs US
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Issue over publishing over Pentagon Papers
SC ruled that the article did not go against the clear and present danger test. |
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Texas vs Johnson
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Case involving the freedom of expression because of the burning of a US flag.
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Bradenburg vs Ohio
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KKK Case. could not be convicted because his speech although derogatory towards blacks and Jews, did not incite anyone to do anything.
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Schenck vs US
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Nobody can shout fire in a crowded theatre
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Coates vs Cincinnati
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city ordinance prohibiting conduct on street as "annoying" to person passing by. ruled unconstitutional because too vague, what is annoying conduct?
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Cohen vs California
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Wore jacket that said "F*** the draft". could not be prosecuted because not fighting words. Court declared expression of emotion are protected under 1st amendment
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Wisconsin vs Mitchell
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State can enhance the penalty for a crime where the victim was chosen because of his race, religion, sexual orientation etc...
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Hustler Magazine vs Falwell
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satire and caricature are protected by the 1st amendment
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Roth vs US
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obscenity is not protected by the 1st amendment and has followed definitional approach
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Miller vs California
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Obscenity is not protected by the 1st amendment and follows alternative approach.
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The Tinker Standard vs Des Moines School District.
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Black arm band case. Students in public schools have freedom of expression so long as they do not create a disruption of school activities.
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Bethel School District vs Fraser
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Obscene student nominating speech.
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Hazelwood School Districts vs Kuhlmeir
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High school newspaper case. Court created a distinction between personal speech of students and school sponsored student speech.
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Appellate Jurisdiction
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review decisions made by other courts
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Writ of Cert
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order from higher court to a lower court.
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Fillibuster
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every senator has the unrestricted privileged to speak about that they want for as long as they want.
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Gerrymandering
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drawing of district lines for political purposes. (every 10 years)
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Popular control
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Because Representative is voted in by majority of voters their views should reflect the majority of that district.
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Quorum
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minimum number of Representatives that must be present to vote on legislative matters.
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Judiciary Act of 1789
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Provides that whenever state courts decide cases involving the US Constitution or federal law in which their decisions are against the US Constitution or federal law, the Supreme court shall review those decisions on appeal.
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Wallace vs Jaffery
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Public school are required to have a moment of silence for meditation.
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