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28 Cards in this Set
- Front
- Back
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Judicial Activism
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Passages of the constitution should be viewed as vital, living principles that change over time
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Judicial Restraint
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Justices should be very careful not to place their own policy preferences above democratically elected legislatures
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Originalism
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Look at what the framers meant when they wrote the constitution
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Poe V. Ullman (1961)
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Banned the use of contraceptives but was never enforced.
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Griswold V. Conneticut (1965)
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This case banned the use of contraceptives , and people were fined.
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Roe V. Wade (1973)
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Woman's right to abortion. Privacy.
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Lawrence V. Texas (2003)
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Sodomy law, police had the wrong address and busted in on 2 men having sex, they were sent to jail unfairly.
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How can constitutional change occur?
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By having an amendment ratified. (2/3 congress or 3/4 states)
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Is a constitutional change always through the amendment process?
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Yes.
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How does Texas choose its judges?
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Partisan elections.
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What are some of the problems associated with they way Texas chooses its judges?
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Campaign contributions, straight ticket voting, voting by name recognition.
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When is a filibuster used?
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In the senate, used to block a vote.
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What is the vote of cloture?
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3/5 majority vote (60) of the senate. Used to bring the debate to a quick end.
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What method are democrats going to use to block a republican filibuster on the current healthcare legislation?
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Reconciliation (nuclear option)
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What are the rights contained in the first amendment?
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Freedom of speech, press, assembly, religion, and to petition.
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Roth V. U.S. (1957)
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Redefined the constitutional test for determining what constitutes obscene material unprotected by the first amendment
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Miller V. California (1973)
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The decision reiterated that obscenity was not protected by the first amendment and established the Miller test for determining what constituted obscene material.
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How does one determine what is obscene?
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The work cannot appeal to the prurient interest in sex, offensive conduct. It must have redeeming literary, artistic, political or scientific merit to not be obscene.
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Brandenburg V. Ohio (1969)
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Based on the first amendment. It held that the gov can't punish inflammatory speech unless it is directed to inciting and likely to incite imminent lawless action. It overruled Ohio's criminal syndicalism statute because that statute broadly prohibited the mere advocacy of violence.
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Texas V. Johnson (1989)
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Flag burning is legal though not recomended.
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Buckley V. Valeo (1976)
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Case that upheld a federal law which sets limits on campaign contributions, but ruled that spending money to influence elections is a form of constitutionally protected free speech and struck down portionas of the law. The court also stated candidates can give unlimited amounts of money to their own campaigns.
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Citizens United V. FEC (2010)
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Corporate funding of independent political broadcasts in candidate elections can't be limited under the first amendment.
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What does the establishment clause refer to?
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Religion "Congress shall make no law respecting an establishment of religion".
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Engel V. Vitale (1962)
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Prayer in schools.
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Lee V. Weisman (1992)
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Benedictions.
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Edwards V. Aguillard (1987)
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Creationism, ruled that a Louisiana law requiring that creation science be taught in public schools along with evolution was unconstitutional.
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Zelman V. Simmons-Harris (2002)
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School vouchers given to parents to move their children to a different school district, can they use them for christian schools? the decision was yes.
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What is the Lemon test?
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1) the law must have a secular purpose
2) The primary effect of the law must neither be to advance nor retard religion. 3) the gov must never foster excessive entanglements between itself and religion. |
