Con Law Exam 2

Belief - action distinction

was established by Reynold v. United States and allows congress to separate the right to hold religious beliefs and the actual actions of them. Basically you can believe anything you want but the law can regulate your actions by passing laws.

Probable cause 

is the legal standard under the fourth amendment requiring police to have reasonable grounds based on objective facts and evidence

Stop and frisk

This was established by Terry v Ohio is where officers act upon reasonable suspension not probable cause to temporarily detain and pat down individuals for weapons.

Exclusionary rule

This rule was established by Weeks v. US and established that evidence which is illegally obtained can not be used in court this was later applied to the state through Mapp v. Ohio

Lemon Test

is a three pronged test to determine if an issue is constitutional under the 1st amendment establishment clause. The Prongs of the test are (1) Must serve a secular purpose (2) Must not inhibit or advance a religion (3) must not excessively entangle religion with the government.

Sherbert-Yoder Test

test is a combination of Sherbert v. Verner and WIscinsin v. Yoder the test establishes that a person has a sincere religious belief and proof that the law has interfered with their ability to practice the religion. The burden then switched to the state and they must have a compelling state goal and they must use the least restrictive means necessary. 

10th Amendment

Powers not delegated to the federal government, nor prohibited to the states are reserved for the states or the people

Reserve powers doctrine

Powers not delegated to the federal government nor prohibited to the states, are reserved for the states or the people. This doctrine maintains federalism by ensuring states retain authority over local matters such as public health safety and education limiting potential federal overreach

Commerce Clause

Located in Article I, Section 8 the authorizes congress to regulate commerce with foreign nations, among the states, and with Indian tribes.

Necessary and proper clause 

Located in Article I, Section 8 empowers congress to make all laws necessary and proper for execution of its enumerated powers and all other powers vested in the government. This was established through McCulloch v. Maryland where necessary was defined as appropriate and legitimate

National firearms act of 1934

As a federal law to regulate specific firearms it imposed a $200 excise tax on the manufacture and transfer of items like machine guns, short barreled rifles/shorguns, and silencers while requiring them to be registered with the federal government.

1st amendment

guarantees the liberty of religion, speech, press, assembly, and petition

4th amendment 

Protects people against unreasonable searches and seizures by the government, requiring warrants to be supported by probable cause and specifically describing the place and items involved.

5th amendment

Right to a grand jury for capital crimes, protection against double jeopardy, and the right to against self incrimination.

6th amendment

Guarantees impartial jury, legal counsel, knowledge of accusations, confronting witnesses, defense witness, fair, speedy, and public trial. 

8th amendment

Protects people from the federal government imposing excessive bail, excessive fines, or cruel and unusual punishments.

Religious Freedom Restoration Act

This was a federal law mandating that the government cannot substantially burden a person’s exercise of religion unless it is the least restrictive means to advance a compelling governmental interest This act was struck down in City of boerne v Flores as the court believed congress overstepped its power by redefining the scope of constitutional rights

Minnersville v. Gobitis

Children refused to salute the flag and were expelled from school. The Supreme Court ruled that the state's interest in national cohesion was above the children’s rights, therefore upholding the mandatory flag salute. 

However this was later reversed in 1943 with West Virginia States Board of Education v. Barnette

What test was Minnersville v. Gobitis

Compelling State Interest and use religion

What amendment and test was West Virgina V. Barnette

Amendment: 1st Amendment 

Test: Clear and Present Danger

What was the majority opinion of West Virginia v. Barnette *

The main point of the opinion of the court was to explain that making students salute a flag is a violation of free speech because it is making them salute something they do not believe in. Constitutional constellation 

what was the dissenting opinion West Virginia v. Barnette *

Believed that majority was overstepping judicial authority by substituting its judgement for that of the legislature

what was the concurring opinion West Virginia v. Barnette *

The concurrence focused on rectifying their mistake in Minnersville v. Gobitis explained that the previous court case undervalued individual liberties.

What was the test and amendment in Kennedy v. Louisiana *

Amendment: 8th Amendment 

Test: Evolving Standards of Decency

• National Consensus against the punishment  

• Court judgment to see if it was disproportionate

What was the Majority opinion of Kennedy v. Louisiana *

 the court held that imposing the death penalty for the rape of a child where the vitim did not die violated the 8th amendment prohibitin in crule and unusual punishment. Writing for the majority, Anthony Kennedy reasoned that there was a national consensus against using the death penalty in non-homicide crimes against individuals. The court concluded that such a punishment is disproportionate because it does not align with evolving standards of decency and the severity of the crime relative to taking a life.

What was the Dissenting opinion of Kennedy v. Louisiana *

Alito argued that the Constiitution does not clearly bar the death penalty for particularly brutal child rape cases. He criticized the majority for relying on alleged "national consensus” that he believed was weak and still developing. The dissent maintained that states should have the authority to determine appropriate punishments for severe crimes and that the court was improperly limiting that discretion.

What was the amendment and test in Employment Division v. Smith *

Amendment: 1st Amendment Free Exercise Clause 

Test: Compelling State Interest -> rational basis

What was the Majority opinion in Employment Division v. Smith *

The court held that neutral, generally applicable laws do not violate the Free Exercise Clauses simply because they incidentally bourdane religion. The court ruled the state drug law was rational and marked a shift from requiring strict scrutiny to rational basis

What was the Dissenting opinion in Employment Division v. Smith *

Argued that the majority failed to properly protect religious freedom. He contended that the state should have been required to show a compelling interest before burdening a sincere religious practice. Blackman emphasized that the individual's use of peyote was central to their religion and that denying benefits imposed and unjustified and sever burdens on their free exercise rights 

What was City of Boerne v Flores

 The Supreme Court ruled that the Religious Freedom Restoration Act of 1993 exceeded Congress’s enforcement of power under the 14th amendment. They found that congress had overstepped their powers as they redefined the scope of constitutional rights and limitations under the 14th amendment.

What was Sherbert v. verner

Ms. Sherbert couldn't work on Saturday for religious reasons and was denied unemployment benefits. The Court found the state posed a significant burden on Sherbert’s ability to freely exercise her faith and there was no compelling state interest which justified the burden on the first amendment right.

What was Reynolds v. US

The court held that congress could not outlaw beliefs but can outlaw the practice of beliefs. The court argues that marriage was already regulated by law so they have the power to further regulate it.

What was the test and amendment in Lemon v. Kurtzman

Amendment:  1st Amendment, Establishment Clause

Test: Established the Lemon Test 

• Must serve a secular purpose 

• Must not inhibit or advance a religion 

• Must not excessively entangle religion with the government.

What was the Majority in Lemon v. Kurtzman

Majority: the Court held that state laws providing financial aid tp religious schools violated the Establishment Clause. Established the Lemon test requiring that  a law must have a secular purpose, not advance or inhibit religion as its primary effect and avoid excessive government entanglement with religion. The Court found that the laws failed this test because ongoing state oversight of religious schools created too much entanglement

What was the Concurring in Lemon v. Kurtzman

 Emphized the importance of maintaining a strict separation between church and state. He emphasized that even well- intentioned aids to religious schools risk government involvement in religious activites

What was the Dissenting in Lemon v. Kurtzman

that the aid programs were intended to support education not religion and should have been upheld. He believed the majority applied an overly strict interpretation of the Establishment Clause and undervalues the practical benefits of assisting schools that provided secular instruction. White warned that the decision could unnecessarily restrict cooperative relationships between gov and religious institutions.

What was the amendment and test in Edwards v. Aguillard

Amendment: 1st, Establishment clause through 14th amendment 

Test: Lemon Test

What was the Majority opinion in Edwards v. Aguillard

The Court struck down a Louisiana Law requiring that creation science be taught alongside evolution in public school wrote that the law violated the establishment clause because it lacked a genuine secular purpose and instead aimed to advance a particular religious belief. Applying the Lemon test, the court found that statute unconstitutional since it endorsed religion under the guise of academic balance.

What was the Concurring opinion in Edwards v. Aguillard

 emphasized that public schools must remain neutral toward religion and cannot tailor curricula to promote religious doctrines. He enforced the Constitution requiring a clear separation when it comes to state involvement in education and religion.

What was the Dissentign opinion in Edwards v. Aguillard

argued that the law had a legitimate secular purpose - promoting academic freedom and presenting alternative scientific theories. He criticized the majority for dismissing the legislature state purpose and for being overly suspicious of religious motivations 

What was Everson v. Board of Education

The court found that the law which reimbursed parents for transportation or and from schools including private schools did not violate the constitution because it assisted parents of all religions and did not support the schools directly. This was a precursor to the Lemon Test and helped establish one of the prongs

What was the amendment and test in Van Oreden v Perry

1st Amendment Establishment Clause 

Test: Historical context based analysis

What was the Majority in Van Orden v. Perry

The court upheld a ten commandments monument on Texas State Capitol grounds, finding it did not violate the establishment clause that the monument had historical and moral significance and was part of a broader display recognizing the role of religion in American legal tradition. The court emphasized context, noting the moment’s passive nature and its placement among other historical markers

What was the Concuring in Van Orden v. Perry

provided the key concurring opinion agreeing with the result but using a more case specific approach rather than strictly applying the Lamon test. He focused on the moments long -standing presence and lack of controversy, concluding that it concerned a primarily secular message in contactee, Breyer stressed that removing it might show hostility toward religion rather than neutrality

What was the Dissenting in Van Orden v. Perry

argued that the monument endorsed a specific religious message violating the establishment clause. He maintained that disp[laying the 10 commandments on gov property sends a message that the state supports certain religious beliefs.

What was terry v. Ohio

The court ruled that the officer’s pat down was reasonable and based on reasonable suspicion. This court case allowed for the practice of stop and frisks

What was Weeks v. US

The court found that the items collected from Week’s residence directly violated his constitutional rights. This court case established the exclusionary rule which did not allow evidence admitted if it was collected illegally 

What was Wolf v. Colorado

This was really a case about state rights. The court established that the 14th amendment did apply to the states however the states could choose if they wanted to implement the exclusionary rule. This ruling was overturned by Mapp v. Ohio.

What was Mapp v. Ohio

The court reversed their ruling in Wolf and established that the exclusionary rule does apply to state courts.

What was District of Columbia v. Heller

The court found the ban on registering handguns and other requirements to violate the second amendment. The court established that the right to own a gun should not be limited to military members and that banning an entire class of arms violates the second amendment.

What was Escobedo v. Illinios

The court ruled that Escodedo rights had been violated, accused have the right to counsel and when that is rejected their confession can not be used in a legal trail (this was after Gideon) - 6th amendment

What was Miranda v. Arizona

The court ruled that police must inform the accused of their right to remain silent and the right to obtain legal counsel. This is done to uphold the privilege of the 5th amendment. 

What was Powell v. Alabama

Amendment: 14th Amendment, Due process clause 

Overview: The court ruled that defendants in Capitol cases must be given access to an attorney if they can not afford one.

What was Gideon v. Wainwright

Amendment: 14th Amendment, Due Process Clause 

Overview: The court expanded on its decision in Powell and decided that all defendants charged with felonies have the right to an attorney.

What was the amendment and Test in Gregg v. Georgia

Amendment: 8th Amendment and 14th Amendment 

Test: Bifurcated Procedure 

• Aggravating CIrcumstance 

• Mitigating Circumstance 

• Automatic Appeal

What was the Majority in Gregg v. Gerogia

The Court upheld Georgia's revised death penalty statute, ruling that the deathpenalty itself does not violate the 8th. Explained the new system of featuring guided discretion, separate sending proceedings, and consideration of aggravating and mitigating factors reduced arbitrary sentencing. The court found that these safeguards aligned the health penalty with evolving standards of decency .

What was the Dissenting in Gregg v. Gerogia

argued that the death penalty is inherently cruel and unusual punishment in all circumstances. They contended that it is excessive, irreversible and inconsistent with human dignity regardless of procedural safeguards

What was the Concurring in Gregg v. Gerogia

agreed that the revised procedure made the death penalty constitutional emphasizing that the new framework limited random or discriminatory application,

What was the NLRB v . Jones-Laughlin

Amendment: Commerce Clause

Test: Substantial effects 

Overview: The court found that labor management substantially affects the flow of interstate commerce therefore allowing congress to regulate it and indirectly allowing congress to regulate the economy. This was an expansion of power after Maryland v. Mucholough.

What was Batson v Kentucky

Amendment: 6th and 14th Amendment 

Test: Burden- Shifting Test 

Overview: The court found that racial discrimination in the selection of jurors violated the 6th and 14th amendment and undermined the public confidence in our system. Established the burden shifting test which has three prongs, (1) There must be proof that prosecute used challenges to exclude potential jurors based on race (2) The prosecutor must provide a race neutral reason for striking the jurors (3) the court decided if the defendant proved purposeful discrimination

What was the amendment and test in Atkins v. Virginia

8th Amendment 

Test: Executing disabled individuals Test 

• Subaverage intellectual functioning 

• Adaptive behavior limitations 

• Onset before age 

What is the Majority opinion in Atkins v. Virginia

the court held that executing individuals with intellectual disabilities violates the 8th amendment prohibition on cruel and unusual punishment. National consensus had emerged against such executions showing that society views them as excessive and unjust. The Court also reasoned that people with intellectual disabilities have diminished culpability making the death penalty disproportionate

What is the Concurring opinion in Atkins v. Virginia

 agreed with the result but emphasized that states should have some flexibility in defining intellectual disability and applying the rule.

What is the Dissenting opinion in Atkins v. Virginia

argued that there was no clear national consensus and criticized the majority for substituting its judgment for that of the states. 

What is was Furman v. Georgia

Amendment: 8th and 14th Amendment 

Test: 

Overview: The court held that the death penalty was ruled a violation of the 8th and 14th amendment however many of the justices had different reasoning why. This diction established the need for a case by case review and was later overturned by Gregg v. Georgia

What was Kennedy v. Lousisiana

Amendment: 8th Amendment 

Test: Evolving standards of decency test 

Overview: The court found that the 8th amendment bars states from imposing the death penalty for a crime that did not result in a crime.

What was the Amendment and Test in Griswold v. Connecticut

Amendment: 14th, 1st, 3rd, 4th, 9th 

Test: The Penumbra Theory

What was the majority opinion of Griswold v. Connecticut

the court struck down a state law banning the use of contraceptives by married couples. Wrote that the Bill of rights creates penumbras from various amendments establishing a conditional right to privacy. The law was unconstitutional because it interfered with the private material relationship

What was the Concurring opinion of Griswold v. Connecticut

agreed but relied on the 9th amendment argued that the constitution does not explicitly mention a right to privacy and that the court should not create rights based on interpretation. Argued that the due process was basis for privacy

What was the Dissenting opinion of Griswold v. Connecticut

argued that the Constitution does not explicitly mention a right to privacy and that the Court should not create rights based on interpretation.

What was the amendment and test in Roe v Wade

Amendment: 14th Amendment 

Test: Strict scrutiny

What was the Majority Opinion in Roe v. Wade

 The court held that a woman’s decision to have an abortion is protected under the right to privacy derived from the Due process Clause established the trimester framework balancing a women’s rights with the states interests in regulating abortion.

What was the Concurring Opinion in Roe v. Wade

agreed with the decision but emphasized that the ruling still allowed states to impose reasonable regulations particular in later stages of pregnancy

What was the Dissenting Opinion in Roe v. Wade

 argued that the constitution does not explicitly protect a right to abortion and that the court overstepped its authority. He  believed abortion regulations should be left to the states.

What was the amendment Obergerfell v Hodges

14th Amendment Due Process

What is the Majority Opinion in Obergefell v. Hodges

the court held that same sex couples have a constitutional right to marry under the Due Process Clause and the equal protection clause. Wrote that marriage is a fundamental right and denying it to same sex couples violates principles of liberty and equality. 

What is the Dissenting Opinion in Obergefell v. Hodges

Several justices dissented who argued that the con does not address same sex marriage and that the issue should be decideed by the states, there was criticisms of judicial overreach, undermined religious liberty, and argument against gov interference not recognition. 

What was the amendment and test in Cruzan v. Director of MDH

Amendment: 14th Amendment 

Test: Clear and convincing evidence  

What was the majority opinion in Cruzsan v. Director MDH

The court held that competent individuals have a constitutional right to refuse life sustaining medical treatment under Due process clause however wrote that the state may require clear and convince evidence of patient's wishes before allowing life support to be withdraen

What was the Concurring opinion in Cruzsan v. Director MDH

agreed but stressed the importance of allowing individuals to make their own medical decisions in advance such as through living will or durable powers of attorney 

What was the Dissenting opinion in Cruzsan v. Director MDH

argued that the Constitution should more strongly protect an individual's right to refuse medical treatment without such strict evidentiary burdens believed Missouri's requirements placed an undue obstacle on personal liberty and the right to die with dignity ,

What was Gonzales v. Oregon

Amendment: Death with Dignity Act

Test: 

Overview: The court found that Controlled Substance Act did not apply to the Death with Dignity Act therefore allowing physician assisted suicide with prescriptions of lethal doses

What was Jurek v. Texas

Amendment: 8th Amendment 

Test: Cruel and Unusual 

Overview: The court found that Texas’ death penalty was not cruel and unusual as it allowed for mitigating circumstances.

What was Coker v. Georgia

Amendment: 8th Amendment 

Test: Evolving Standards of decency 

Overview: The court found that death penalty was grossly disproportionate punishment for the crime of rape. 

What was Wisconsin v. Yoder

Amendment: 1st Amendment 

Test: Compelling State Interest 

Overview: The court found that fundamental personal religious beliefs outweigh the state’s compelling state interest and violate the free exercise clause.

What was Eisenstadt v. Baird

Amendment: 14th Amendment 

Test: Rational Basis Test 

Overview: The court found that the law created an arbitrary and discriminatory classification unrelated to and legitimate goal This build on Griswold v. Connecticut and expanded it to individuals.

What was McCulloch v. Maryland

Amendment: Necessary and Proper Clause 

Test: 

Overview: This court case used the Necessary and Proper Clause to established that congress had the right through enumerated powers (powers not explicitly listed) to perform anything appropriate and legitimate

What was Hears of Atlanta Motel v. US

Amendment: Civil rights act of 1964

Test: Substantial Effect 

Overview: The court found that congress does have the power to regulate moral behavior as it does have a substantial effect on interstate commerce

What was Printz v. US

Amendment: Second Amendment (Necessary and Proper Cause) 

Test:

Overview: This court case ruled that state legislature are not subject to federal direction. Basically the brady law was not valid because it force state workers to carry out background checks when that should be a federal responsibility

What was Dobbs v. Jackson women’s Health Organization

Amendment: 14th Amendment

Test: Deeply rooted in history and tradition 

Overview: The court found that the constitution does not assert a right to abortion.

What was the test and amendment in Zelman v. Simmons-Harris

Amendment: 1st Amendment, Establishment clause 

Test: Lemon Test

What was the Majority Opinion in Zelman v. Simmons

the court upheald a school voucher program that allowed public funds to be used for tuition at private, including religious schools. That the programs did not violate the establishment clause because it was neutral with respect to religion and provided aid directly to parents who then independently chose where to use it.

What was the Dissenting Opinion in Zelman v. Simmons

argued that the program effectively directed public money to religious institutions, violating the establishment clause. He contended that the majority's focus on private choice ignored the practical reality that most funds end up supporting religious school thereby undermining the separation of school.

What was the Concurring Opinion in Zelman v. Simmons

 agreed and highlighted that the program fit within proper establishment clause precedents allowing indirect aid. SHe stressed that the key factor was genuine private choice and that the program did not coerce participation in religious education

What was used in US v Lopez

Commerce Claisse

What was the Majority opinion in US v. Lopez

The court struck down the Gun-Free school zone act, holding that congress exceeded its power under the commerce clause. Explained that carrying a gun near a school is not an economic activity that substantially affects interstate commerce, The decision emphasized limits on federal power and reaffirmed that not all issues can be regulated. 

What was the Concurring opinion in US v. Lopez

agreed but stressed the importance of maintaining balance between federal and state authority allowing Congress to regulate such local matter would blu the diction in between national and local powers

What was the Dissenting opinion in US v. Lopez

that congress could reasonably conclude that gun violence near schools affects education ,which in turn impacts the national economy, believed the court should defer to congress's judgment and that the law fell within school of gov.

What was the Amendment and Test in Bowers v Hardwick

Amendment: 14th Amendment 

Test: Rational basis Test

What was the Majority Opinion in Bowers v. Hardwick

the court upheld a georgia law criminalizing sodomy ruling that the Con does not protect a fundamental right to engage in private homosexual conduct. Wrote that such a right was not deeply rooted in the nation’s history or traditions and therefore was not protected under Due Process Clause.