AP Gov - Unit 4

Abington School District v. Schempp 1963

ISSUE: Freedom of Religion (Establishment Clause; First Amendment)`FACTS/RULING: PA public schools require devotional reading 10 Bible verses (Students could be excused by parent note) UNCONSTITUTIONAL

Baker v. Carr 1962

ISSUE: Civil Rights, Reapportionment (Equal Protection Clause; 14th Amendment) FACTS/RULING: 1901 law to reapportion seats of state's General Assembly ignored in Tennessee; action was UNCONSTITUTIONAL. All state legislative districts must be as near equal in population as possible ("one man, one vote"); a subsequent case, Wesberry v. Sanders, applied the same principle to House districts.

Brown v. Board of Education 1954

ISSUE: Equal Protection Clause (Fourteenth Amendment) FACTS/RULING: "Separate is inherently unequal" (Challenge that segregated schools violated the Plessy standard because they were not equal)- OVERTURNED Plessy v. Ferguson (states ignored ruling so was followed by Brown II, which ordered desegregation with "all due and deliberate speed")

Buckley v. Valeo 1976

ISSUE: campaign spending as symbolic speech (First Amendment) FACTS/RULING: restricting financial contributions to candidates OK; reporting of contributions above a certain amount (FECA) OK; restrictions on total campaign expenditures, independent expenditures, and those from personal and family resources are UNCONSTITUTIONAL

Citizens United v. FEC 2010

ISSUE: Campaign Finance (Free Speech; First Amendment) FACTS/RULING: Corporations have unlimited free speech rights to try and influence political outcomes (spend money on campaigns). Disclosure requirements and direct contribution bans for corporations are constitutional but corporate funding of independent political broadcasts is PROTECTED and cannot be limited

Engel v. Vitale 1962

ISSUE: Religion - Establishment Clause (First Amendment) FACTS/RULING: A teacher-led prayer each school day, or any other state-sponsored prayer in public school, is UNCONSTITUTIONAL.

Furman v. Georgia 1972

ISSUE: Cruel & Unusual Punishment (Eighth Amendment) FACTS/RULING: Capital punishment (death penalty) is not AUTOMATICALLY cruel & unusual but DOES violate the 8th Amendment IF it is administered in a capricious or discriminatory manner (reaffirmed in 1976 Gregg v. Georgia case)

Gibbons v. Ogden 1824

ISSUE: Commerce Clause FACTS/RULING: NY law gave monopoly to steamboaters, discouraged interstate trade. Commerce defined very broadly to encompass virtually all commercial activity, as well as communication

Gideon v. Wainwright 1963

ISSUE: Defendants right to counsel in criminal cases if they are unable to afford their own representation (Sixth Amendment) FACTS/RULING: Could not afford an attorney and requested that he be appointed one, declaring it was mandated by the Sixth Amendment. Unanimous SCOTUS decision that state courts are required to provide counsel in criminal cases if the defendant is unable to afford their own - overturned Betts v. Brady

Gitlow v. New York 1922

ISSUE: Free Speech & Press (First Amendment) FACTS/RULING: punished for printing & distribution of "left wing manifesto." States may forbid both speech and publication if they have a tendency to result in action dangerous to public security BUT may not outright deny free speech/press - FIRST CASE TO INCORPORATE BILL OF RIGHTS

Griswold v. Connecticut 1965

ISSUE: Privacy (Third, Fourth, Fifth, Ninth Amendments- "penumbra of rights") FACTS/RULING: A Connecticut law prohibiting the use of contraceptives by married couples was UNCONSTITUTIONAL; established that the Constitution protected a right to privacy, including marital privacy.

Heart of Atlanta Motel v. U.S. 1964

ISSUE: Commerce Clause (Challenge to Civil Rights Act of 1964) FACTS/RULING: Federal government can regulate discrimination in places of public accommodation because hotel guests are often from out of state and therefore hotels engage in interstate commerce so regulation falls within Congressional commerce power

Lemon v. Kurtzman 1971

ISSUE: 1st Amendment (Religion; Establishment Clause) FACTS/RULING: gov involvement in religion must have secular purpose, neutrality, and no excessive entanglement to be constitutional. PA law providing reimbursement for teacher salaries, textbooks, and instructional materials was UNCONSTITUTIONAL because regulating teachers created excessive entanglement

Marbury v. Madison 1803

ISSUE: Separation of Powers (Challenge to "midnight judges") FACTS/RULING: SCOTUS cannot order delivery of presidential appointment. ESTABLISHED JUDICIAL REVIEW

Mapp v. Ohio 1961

ISSUE: Search & Seizures (Fourth Amendment) FACTS/RULING: States cannot use evidence gained by illegal means against the accused- EXCLUSIONARY RULE; "fruit of the poison tree"

McCulloch v. Maryland 1819

ISSUE: Necessary and Proper Clause (Elastic Clause) FACTS/RULING: Attempt to tax a branch of the Bank of the United States, claiming bank was unconstitutional, was UNCONSTITUTIONAL. Implied powers are necessary to conduct government for the benefit of the people. Affirmed generous Congressional use of Elastic Clause

Miranda v. Arizona 1966

ISSUE: Self-incrimination (Fifth Amendment) FACTS/RULING: Failure to warn suspects of their rights during interrogation was UNCONSTITUTIONAL. Established ____ RULE - the accused has the right to remain silent and the prosecutors cannot use their statements unless the police has advised them of their rights and the suspect has waived ____ before giving the statements.

Morse v. Frederick 2007

ISSUE: Freedom of Speech (symbolic); First Amendment FACTS/RULING: "Bong Hits 4 Jesus" banner is UNPROTECTED -Nonsensical speech is not protected in schools

Oregon v. Smith 1990

ISSUE: Freedom of Religion (Free Exercise Clause); First Amendment FACTS/RULING: Oregon denial of unemployment benefits after two Native Americans were fired from their job for ingesting peyote (as a tribal sacrament) was CONSTITUTIONAL. State laws AFFECTING religion but not TARGETING religion are not unconstitutional.

Powell v. Alabama (aka "Scottsboro Boys") 1932

ISSUE: Fourteenth Amendment (Due Process Clause) FACTS/RULING: Nine black youths (described as ignorant and illiterate) were convicted of rape and eight were sentenced to death after a one-day trial with attorneys who did no prep work. Convictions were overturned; This case was an early example of national constitutional protection in the field of criminal justice

Roe v. Wade 1973

ISSUE: Abortion/Right to Privacy (penumbra of rights) FACTS/RULING: Gave women right to abort within first trimester, and left it up to states during 2nd and 3rd trimesters (only reasonable restrictions permitted in 2nd trimester).

Schenck v. U.S. 1919

ISSUE: Free Speech (First Amendment) FACTS/RULING: charged with conspiracy of obstructing recruitment in accordance with the Espionage Act during WWI. Not protected by freedom of speech. If speakings are a "clear and present danger", they can be punishable. "The most stringent protection of free speech would not allow a man to falsely shout 'Fire!' in a crowded theatre."

Snyder v. Phelps 2011

ISSUE: Free speech & assembly (First Amendment) FACTS/RULING: Westboro Baptist Church protests at funerals of fallen soldiers are PROTECTED (even if we hate it)

Texas v. Johnson 1989

ISSUE: Symbolic Speech (First Amendment; Freedom of Expression) FACTS/RULING: Flag burning at a protest of the Presidential nominating convention. Flag burning is a PROTECTED act of symbolic speech

Tinker v. Des Moines 1969

ISSUE: Free Speech in school (First Amendment) FACTS/RULING: Student wearing of black armbands to school to protest Vietnam War is PROTECTED. "Students do not shed their constitutional rights at the schoolhouse door" - speech is protected in school if it is non disruptive

U.C. Regents v. Bakke 1977

ISSUE: Fourteenth Amendment (Equal Protection) FACTS/RULING: Challenge of reverse discrimination via preferential medical school admission for minorities. Racial quotas are not permissible but a general affirmative action policy is OK

U.S. v. Lopez 1995

ISSUE: Commerce Clause FACTS/RULING: A 12th grade high school student brought a handgun and five rounds of ammunition into his high school in Texas. The Gun-Free School Zone Act was deemed an unconstitutional application of the Commerce Clause

U.S. v. O'Brien 1968

ISSUE: Free Speech (First Amendment) FACTS/RULING: Burning a draft card during a Vietnam War protest is UNPROTECTED. States can punish speech only if: 1) A compelling government interest exists 2) Restrictions are no greater than necessary 3) Real purpose is not to suppress an opinion gov dislikes

U.S. v. Nixon 1974

ISSUE: Separation of Powers FACTS/RULING: Watergate scandal: Does one branch have the power or privilege to keep certain information away from the other branches of government? President had to surrender the tapes of his conversations with his advisors about Watergate to the Supreme Court because executive privilege and power would be in the way of the Judiciary Branch because it would prevent them from doing justice in criminal prosecutions - POTUS DOES have executive privileges, but not in criminal cases

U.S. v. Windsor 2013

ISSUE: Fifth Amendment (Equal Protection - NOT 14th Am because it was a federal, not state, case/issue) FACTS/RULING: Challenge to the Defense of Marriage Act (DOMA), which defined marriage federally as a union of one man and one woman and allowed states to disregard full faith and credit in the case of gay marriages. DOMA denied same-sex couples the rights that come from federal recognition of marriage, which are available to other couples with legal marriages under state law

Wisconsin v. Yoder (1972)

ISSUE: First Amendment (Free Exercise Clause)

FACTS/RULING: Compelling Amish students who have demonstrate a sincerity of belief to attend school past the eighth grade violates the Free Exercise Clause.

Shaw v. Reno (1993)

ISSUE: Equal Protection Clause (Fourteenth Amendment) FACTS/RULING: State legislation, including redistricting, that expressly distinguishes among citizens on account of race must be narrowly tailored to further a compelling governmental interest. Legislative redistricting must be conscious of race and ensure compliance with the Voting Rights Act of 1965

New York Times Co. v. United States

(AKA "The Pentagon Papers Case"), 1971

ISSUE: First Amendment

(Freedom of the Press) FACTS/RULING: Bolstered freedom of the press, establishing "heavy presumption against prior restraint." even in cases involving national security

McDonald v. Chicago (2010)

ISSUE: Second Amendment FACTS/RULING: Incorporated the Second Amendment (required states to honor right to keep and bear arms), determining that self-defense of the home was a "fundamental" and "deeply rooted" right.

Affirmative action

An action or policy favoring those who tend to suffer from discrimination, especially in relation to employment or education

Civil liberties

Constitutionally established guarantees of personal freedoms, e.g., speech, assembly, religion, protecting citizens, opinions, and property against government interference

Civil rights

Protections of individuals against discrimination on the basis of characteristics such as race, national origin, religion, and gender; guaranteed under the Due Process clause and Equal Protection Clause, as well as by various acts of Congress.

Clear and present danger doctrine

Judicial interpretation of Amendment 1 that government may not ban speech unless such speech poses an imminent threat to society.

Defamatory speech

Unprotected speech that is false and reputation-damaging (can come in the form of either libel or slander)

De facto segregation

Segregation “by fact,” i.e., segregation that results from such factors as housing patterns rather than law.

De jure segregation

Segregation by law, i.e., segregation that is required by government.

Due process clause

Prohibits the national government (5th Amendment) and states (14th Amendment) from denying life, liberty, or property without due process of law.

Equal protection clause

14th Amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination.

Establishment clause

Provision of Amendment 1 that prohibits Congress from establishing an official state religion. This is the basis for separation of church and state.

Exclusionary rule

Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial. (Established in Mapp v. Ohio)

Free exercise clause

Provision of Amendment 1 stating that Congress may not prohibit the free exercise of religion.

Grandfather clause

Southern laws that excluded Black citizens from exercising suffrage by restricting the right to vote only to those whose grandfathers had voted before 1865.

Incorporation

Using the Due Process Clause of the Fourteenth Amendment to apply the Bill of Rights to the states. “Total ____” would require states to obey all provisions of the Bill of Rights because of the due process clause of the 14th Amendment. “Selective ____” dictates that the Bill of Rights be applied in a more gradual manner on a case by case basis, also via the due process clause of the Fourteenth Amendment.

Jim Crow laws

Southern laws that required racial segregation in places of public accommodations.

Libel

Written untruths that damage a reputation.

Literacy test

Southern method of excluding Black citizens from exercising suffrage by requiring that voters prove their ability to read and write.

Majority-Minority districts

An electoral district (such as a House district) in which the majority of the constituents in the district are members of racial or ethnic minority groups.

Miranda warnings/Miranda Rule

Warnings that must be read to suspects prior to a custodial interrogation (when the suspect is not free to leave and is about to be questioned by police). Suspects must be advised that they have the rights of silence and counsel

Obscene speech

Unprotected speech that is sexual, offensive, and lacking in social (literary, artistic, political, or scientific) value, as articulated by the SCOTUS in Miller v. CA.

Plea bargain

Arrangement in which a suspect pleads guilty to a lesser offense in order to avoid a trial. The manner in which most cases are disposed of.

Police powers

Powers that allow states to pass laws protecting the health, welfare, safety, and morals of their residents.

Poll tax

Southern method of excluding Black citizens from exercising suffrage by requiring payment of a tax prior to voting.

Prior restraint

When a court stops expression before it is made, e.g., prohibiting a demonstration by a radical group because the assembly is likely to become violent. Presumed to be unconstitutional.

Public safety exception

An exception to the Miranda Rule articulated by the SCOTUS in New York v. Quarles, which permits law enforcement to engage in a limited and focused unwarned interrogation and allows the government to introduce the statement as direct evidence.

Racial gerrymandering

Drawing of legislative boundaries to give electoral advantages to a particular racial group. “Majority-minority” districts include large numbers of racial minorities in order to ensure minority representation in legislatures.

Sedition

Advocacy of the overthrow of the government.

Separate but equal

SCOTUS doctrine established in case of Plessy v. Ferguson. Allowed state-required racial segregation in places of public accommodations as long as the facilities were equal.

Shield laws

State laws that protect journalists from having to reveal their sources.

Slander

Spoken untruths that damage a reputation.

Strict scrutiny

Supreme Court guideline for determining if government can make racial distinctions. According to this guideline, such distinctions are highly suspect and are allowed only if they are narrowly tailored to serve a compelling government interest.

Symbolic Speech

Expression by conduct rather than spoken word, ex: armbands, signs, marching

Time-Place-Manner restrictions

Reasonable, content-neutral limits that the government may place on First Amendment expression IF (in general) the limits: serve an important objective (not involving the suppression of speech) and are narrowly tailored and that there remain ample alternative means of communication. (a la “You can’t assemble in your neighbor’s backyard pool without her permission”). (Since these restrictions are content-neutral, they are subjected to intermediate scrutiny rather than strict scrutiny.)

Writ of habeas corpus

Court order that the authorities show cause for why they are holding a prisoner in custody. Deters unlawful imprisonment.