Mapp v. Ohio (1961)*

Warrants and evidence (4th amendment)

Good evidence (obtained with warrant); bad evidence (obtained without warrant)

Looking for a fugitive with a fake warrant - police found pornography, Mapp is arrested

Ruling: You can't use bad evidence in a trial; thrown out, Mapp let go.

Gideon v. Wainwright (1963)*

Lawyers (6th amendment)

Question: Right to have a lawyer, right to hire a lawyer...

[answer: a lawyer will be appointed to you if you can't afford one]

Gideon - too poor to hire a lawyer, FL won't provide one for him

Goes to jail, learns to read (the constitution), appeals his case

Miranda v. Arizona (1966)*Self-incrimination (5th amendment)

Self-incrimination (5th amendment)

During Miranda's confession of one crime, he told on himself about raping a lady two days prior.

Question: Should the criminal suspect know their rights? Are the police required to do this?

[answer: yes, they should. yes, they are]

Furman v. Georgia (1972)*

Furman shoots someone on accident while robbing their house; death penalty for him

Question: Is the death penalty being used consistently? Is it being applied in a non-racial manner? [answer: if the death penalty is arbitrarily used, it's cruel and unusual. 

To use it, do these three steps:

1) Provide judges/juries with a clear set of cases in which the death penalty can be used.

2) Cases that use the it as a sentence have to have the opportunity for appellate review.

3) Allow the sentencing judge/jury to take into account the individual's record and character.

 known as the Human condition-

  how people would behave without any sort of government

  He only constrained by his own being.

  ex. You can’t tell me what to do

Believes state of Nature is in between Hobbes, and Rousseau.

Problem with SN, there is no way to protect, or dispute what is their property-

So social contract protects their property, and disputes can be settled with out kllling people

individualism

Individualism- best for ourselves, but if everyone looks out for themselves, ideally society will get better

·      Violates sodomy law

ú  Tide begins to change

·      State laws reversing sodomy laws

o   Homosexual rights incorporated into right to privacy

§  Lawrence v. TX *****2003

ú  Takes up the case to reverse bowers.

o   With the 14^th amendment, they take up the right to have homosexual sex.

o   McCulloch v. Maryland (1819)*

o   Co-op Federalism

o   Dealt with abortion

§  Women have a fundamental right over their bodies… ie abortion

o   US vs E.C. Knight (1895)*

§  Shermann anti-trust law passed- breaks up monopolies

Rules in favor of E.C. Knight-

sets up direct (can regulate), and indirect tests (direct)

(duel federalism)

o   Hammer v. Dagenhart (1918) *

• Child labor act- passed by congress through the commerce clause.
• Court says, you cannot regulate production, but immoral practice is used, but you can only regulate direct.
• BACK OFF- states have control
• duel federalism

o   National Labor relations board vs Jones

which into Co-op Fed

• if you were on a strike, then you aren't making things, affecting the commerce clause. 
• THROW AWAY indirect/direct
•  Anything that impedes the stream of commerce can be regulated by Congress

o   Wickard v Filburn

if you don't buy from someone else, congress can get you...

o   Heart of Atlanta Motel vs US

don't want to serve african americans, 

but congress has they can. They service out-of-staters, and you advertise on the interstate, so you have to serve them.

Katzenach v McCling

ú  Is the restaurant itself interstate commerce?

·      Courts say yes.

46% of your meat comes from out of state, so when you don't sell to people, then you are disrupting the flow of commerce.

ú  Full Faith and Credit clause

·      you have to recognize legal documents of other states

ú  Extradition Clause

ú  Interstate Compact Clause

4 d's

  When gov gives money, let them deicide how to use it.

 returning state rights

  let the states decide for themselves

GIVE ME YO Money

·      Sherbert v Verner******

strict scrunity

rational basis