Con Law Midterm

Barron v. Baltimore

Bill of Rights originally applied only to federal government, not the states

Slaughter-house Cases

Priveleges or Immunities Clause interpreted narrowly (only things related to federal citizenship rights)

The Civil Rights Cases

Congress cannot regulate private racial discrimination- Fourteenth Amendment applies only to state action, not private conduct

Palko v. Connecticut

Established selective incorporation via the ordered liberty test, only rights fundamental to ordered liberty are incorporated

Benton v. Maryland

Incorporated double jeopardy, overruled Palko: Double jeopardy applies to states through the 14th amendment

Hurtado v. California

Grand jury clause not incorporated- not fundamental to ordered liberty

United States v. Lanza

Dual sovereignty doctrine (state + federal), both state and federal governments may prosecute

Heath v. Alabama

Separate states are separate sovereigns, multiple states may prosecute the same crime

Gideon v. Wainwright

Counsel required in felony cases- the Sixth amendment right applies to criminal cases

Powell v. Alabama

Innefective last-minute appointment of counsel; Due process requires effective and timely counsel in capital cases

Brewer v. Williams

“christian burial case”, sixth amendment attaches after formal proceedings begin; deliberate elicitation after arraignment violates right to council

Mapp v. Ohio

Exclusionary rule applies to states; Illegally obtained evidence must be excluded in state court

Terry v. Ohio

Stop and frisk based on reasonable suspicion; officers may perform a stop and frisk for weapons with reasonable suspicion

Chimel v. California

Search incident to arrest limited to immediate control, warrantless search limited to arrestee + area within reach

Coolidge v. New Hampshire

Neutral magistrate; limits of plain view; warrant must be issued by neutral magistrate

United States v. Leon

Evidence admissible if officers reasonably relied on defective warrant; good faith exception

United States v. Drayton

Consent valid even without warning of right to refuse; bus consent search, no duty to inform (reasonable person feels free to leave)

Stone v. Powell

No habeas relief if full and fair opportunity in state court; federal habeas review barred for litigated fourth amendment claims

Miranda v. Arizona

Custodial interrogation requires warnings, miranda warnings required

New York v. Quarles

Public safety exception to Miranda, immediate public danger allows unwarned questioning

Rochin v. California

Brutal conduct violates due process; stomach pumping, shocks the conscience

Hernandez v. Texas

Equal protection applies to distinct ethnic groups; mexican-americans excluded from juries

McClesky v. Kemp

Must prove purposeful discrimination in own case; statistical disparity is insufficient (capital punishment)

Robinson v. California

Cannot criminalize status; criminalizing addiction unconstitutional

Powell v. Texas

Public drunkenness conviction upheld; may punish conduct even if related to status

Weems v. United States

Proportionality; grossly disproportionate punishment violates 8th amendment

Trop v. Dulles

Denationalization is cruel and unusual in this case; expatriation as punishment unconstitutional

Furman v. Georgia

Arbitrary imposition of death penalty violates 8th amendment

Moore v. Texas

States cannot rely on outdated standards; intellectual disability must use current medical standards

Lochner v. New York

Liberty of contract, bakery hours; Substantive due process protected contractual freedom

Muller v. Oregon

Women’s maximum hours law upheld; state police power may regulate labor under certain circumstances

West Coast Hotel Co. v. Parrish

Liberty of contract not absolute; Minimum wage upheld

Counterman v. Colorado

Facebook threats, recklessness test, “true threats”

Lindke v. Freed

Government job blocking user- Does social media = state action?

R.A.V. v. City of St. Paul

cant discriminate one viewpoint over another- expression cannot be prohibited on the basis of the subjects of speech

Brandenburg v. Ohio

Speech prohibited if “directed at inciting or producing imminent lawless action”

Miller v. California

Obscenity rules:

1. appeals to purient interest (shameful interest in sex)

2. Offensive by State law (specific legislation against material)

3. SLAPS (serious, literary, artistic, political, scientific)

Dobbs v. Jackson Women's Health Organization

Abortion not implied under due process in the 14th

Thomas Concurrence: Substantive due process penumbra not listed in Constitution. We should revisit everything not enumerated, including contraception, same sex marriage, same sex intimacy.

Trump v. Illinois

President may federalize national guard only if he is “unable with the regular forces to execute the laws of the United States”

Urias-Orellana v. Bondi

-Federal court of appeals defer to immigration courts.

-If any reasonable judge would've ruled that way it would stand

-Need to allow someone a chance to provide evidence e.g. demonstrate that they faced persecution

Groff v. DeJoy

Workers want off work on sunday for religious reasons

as long as it doesn't present an undue burden or substantial increase in costs, business must grant religious accommodation

Noem v. Vasquez Perdomo

Authorizes reasonable suspicion stops if there are multiple factors, contextual/demographic proof under the totality of the circumstances

(home depot case)

D.V.D. v. Department of Homeland Security

removing citizens to third world countries without meaningful opportunity to assert fear-based claims is challenged

• SCOTUS grants a stay based on merits of case, potential harm, equity for both sides, and public interest

Mahmoud v. Taylor

Gay books- parental opt out notification necessary, policy poses a “real threat of undermining” religious beliefs and practices parents want to instill

Indiana v. Anonymous Plaintiffs

Jewish abortion case- religious exemption (non scotus)

American Legion v. American Humanist Association

It is constitutional to maintain religious monuments and doesn't constitute establishment because:

1. Time- It is difficult to know the original meaning

2. Evolves- meaning may have changed

3. Multiplies- Meaning can build over time

4. Neutrality

It means different things to different people than when it was built, and doesnt violate first amendment to keep the monument

Kennedy v. Bremerton School District

Football coach

1st amendment protections on practice do not work if acting in “pursuance to public policy or duty” because it might have influence on others while acting as agent of the state (establishment issue)

Coach “did not offer his prayers while acting within the scope of his duties as coach” so it’d be protected under his free exercise

Griswold v. Connecticut

Penumbra, rights that can be inferred from other rights

Right to consult w. doctor about contraception. right to privacy in marriage is not specifically protected, yet is firmly rooted in tradition so protection is mandated