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| Actual disputes, no hypothetical cases |
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| the requirements that plaintiffs have a serious interest in a case, which depends on whether they have substained or are likely to sustain a director substantial injury from another party or from an action of government |
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| lawsuits in which a small number of people sue on behalf of all people in similar circumstances |
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| issues capable of being settled as a matter of law |
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| a given court's authority to hear cases of a particular kind |
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| the jurisdiction of courts that hear a case first, usually in trial. There are the courts that determine the facts of the case |
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| jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved. |
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| 3 judges per case, by all judges of that court |
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| Resolves conflicts among states, maintains national supremacy in law, ensues uniformity in terpretation |
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| the tradition that a US senator from the state in which a federal vacancy has arisen should have a say in the presidential nomination of the new judge if they are of the same party |
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| judges serve lifetime appointments |
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| Exception 1987 Robert Bork |
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| Democrats rejected him because of his judicial philosophy |
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| a judicial decision that serves as a rule for setting subsequent cases of a similar nature. |
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| permission granted by a higher court to allow a losing party in a legal case to bring the case before it for a ruling: which such a writ is requested of the SCOTUS |
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| 4 of 9 justices must agree to accept the case before it is granted certiorari |
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| granted when the solicitor general requests it |
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| attorneys for both sides submit a written brie containing their argument, court sets a date for oral arguments, briefs submitted by interest groups |
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| closed meeting of justices to discuss and vote on the case before them |
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| vote of the Supreme Court in a a case that indicates which party one. |
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| written explanation of its decision, which serves to inform others of the legal basis for the decision |
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| when a majority of justices are in agreement |
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| when majority agree with the decision but not the legal basis for that decision |
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| written by the justice who votes with the majority in the division but disagrees with their reasoning |
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| the opinion of a justice that explains their reasons for disagreeing with the majority |
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| the constitutional and other legal protections against government actions |
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| applied to federal government only, states had own bill of rights |
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| Barron v. Baltimore (1883) |
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| Bill of Rights applied only to the federal government, not to cities and states |
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| addressed citzenship rights and equal protection of the laws, and was proposed in response to issues related to former slaves |
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| Due process clause Section 1 |
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| "Nor shall any State deprive any person of life, liberty, or property, without due process of law" |
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| Court took a fresh look at the due process clause of the 14th amendment and ruled that states could not violate freedom of speech |
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| applying the bill of rights to states |
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| Congress shall make no law respecting an establishment of religion |
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| aid to parochial schools (religious schools) |
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| determine if aid is constitutional |
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Must have a secular legislative purpose
Must have a primary eggect that neither advances or inhabits
Must not foster excessive government "entanglement" with religion |
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| vouchers are constitutional |
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| the court ruled its unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools |
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| the court has consistently overturned such laws |
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| lower courts have ruled that this does not have religious implications |
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| Congress shall make no law prohibiting the free exercise thereof |
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laws restricting religious practices
must show a compelling state interest
narrowly tailored to use the least restrictive meant possible to achieve the state's secular pupose |
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| Employment Division v. Smith |
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| Oregon allowed to prosecute persons using peyote as part of religious rituals |
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| Freedom of Expression Prior Restraint |
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| censorship imposed on expression before the expression actually takes place |
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unconstitutional censorship
does not apply to students
exception for national security |
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| New York Times Co. vs United States (1971) |
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| Pentagon papers (the ones about Vietnam wars secrets like death etc. that were not shared to the public) |
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| Schneck v. United States (1919) |
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Conviction of Charles ______ for distributing leaflets urging men to resist the draft.
Established the "Clear and present danger" standard |
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| forbade advocating the violent overthrow of the government |
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| Brandenburg vs. Ohio (1969) |
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| government cannot inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless violence |
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| obscenity not constitutionally protected speech (basically PORN) |
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| attempted to clarify its obscenity, appeals to prurient interest, patently offensive, lacking serious or artistic value, applies "contemporary community" standards |
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| Court ruled that material viewed in the privacy of one's home cannot be made illegal |
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| the Court upheld on Ohio law making it a crime to possess child pornography |
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| malicious false statements that damage a person's reputation |
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| New York Times v. Sullivan |
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| case regarding slandering of a public figure |
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| Defamation for public figures is |
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| difficult to prove, known to be untrue and intentionally malicious |
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| symbolic speech- brought about because of the burning of a U.S flag. |
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| Zucher v. Stanford Daily (1978) |
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| Journalists cannot withhold evidence, subject to search warrants |
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| probable clause, search warrants, various cases-lots of expectations |
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prevents the use of illegally obtained evidence in prosecution
(Mapp v. Ohio) |
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| gives the government new powers of suriveillence, roots out terrorists and prevents the planning and execution of terrorist attacks, court has upheld them in the interest of national security so far |
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| burden of proof on prosectution |
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| Miranda vs. Arizona (1966) |
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| arresting officers must inform accused persons of their rights |
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Right to remain silent
Knowledge that what you say can be used against you
Right to an attorney present during questioning
Right to have an attorney provided if you cannot afford one |
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| Gideon b. Wainwright (1963) |
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| state must provide attorney for indigent |
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| person cannot be held without charge |
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| defendant pleads guilty in exchange for a reduced sentence or lesser charges |
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not defined
incorporated in 1962
prison overcrowding constitute cruel and unusual punishment |
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| the court rejected the argument that the death penalty violates the equal protection clause of the 14TH AMENDMENT just because minority offenders and crime involving white victims are more likely to result in a death sentence |
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Religion: Right to exercise private beliefs
Search and Seizure: right to privacy in your room
Seizing Private property without due proccess |
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Court case says we have an implied right
Case concerned a Connecticut law prohibiting the use of birth control by married couples
Courts argued that the rights in the Constitution IMPLIED a right to privacy.
Opponents argued that the rights didn't exist |
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prohibits state bans on abortion
right to privacy protects a woman's decision to terminate a pregnancy.
As the fetus becomes more viable, state can enact restrictions on abortion. |
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| Planned Parenthood v. Casey (1992) |
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made it easier for state to place restrictions on abortion.
Unconstitutional only if they placed an "undue burden" |
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| policies designed to protect against arbitrary or discriminatory treatment by government officials or individuals |
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not sameness
not equal rewards or results
_________ of opportunity
inalienable rights |
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| Fourteenth Amendment (1868) |
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| Equal protection of the laws |
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Slaves had no legal rights- chattel
Invalidated Missouri Comrpomise
Also known as the Dred Scott case. |
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strict federal control of the south
African American men held office |
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seperate ok as long as it is equal
private sector free to discriminate (like buying a house or etc. |
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| Equal Education- Higher Education |
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McLaurin v. Okalahoma State Regents (1950)
Sweatt v. Painter (1950)
The Court ruled that colleges and universities could not enforce separate accommodations based on race |
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| Brown vs Board of Education (1954) |
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separate inherently unequal
overturned Plessy
desegregate with "all deliberate" |
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| segregation by force of cirumstance |
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state and local governments discrimination illegal
private sector discrimination illegal
Created Equal Employment Opportunity Commission (EEOC)
Enforces laws against workplace discrimination |
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| prohibited racial discrimination in the sale of rental housing |
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| Evading the fifteenth amendment |
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| literacy tests, grandfather clause, poll taxes, white primary, intimidation and violence |
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| Twenty-Fourth Amendment (1964) |
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| prohibited poll taxes in federal election |
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| Harper v. VA board of Elections (1966) |
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| declared poll taxes in federal election |
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| Voting Right Acts of 1965 |
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| ended most forms of racial discrimination in voting |
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| Shelby County v. Holder (2013) |
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| formula to determine voter discrimination is 40 years old and unconstitutional |
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oldest minority group
5.2 million
history of poverty, discrimination
reservations |
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| outlawed Native American religions and forced Native American children to go to boarding school |
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largest minority group
51 million/16% of the population
Concentrated in the southwest of the U.S |
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| Hernandez vs. Texas (1954) |
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| court ruled that Texas should not keep Hispanics from serving on juries |
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fastest growing minority group
17 million/6% of population
discrimination in education, jobs, and naturalization |
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| Korematsu v. United States |
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WWII internment camps constitutional
Apologies and payments given in 1990s |
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| Seneca Fall Declaration of Sentiments and Resolutions (July 19th, 1848) |
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| Nineteenth Amendment (1920) |
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| Gave women the right to vote |
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| arbitrary discrimination on the basis of gender to be violation of the equal protection clause of the Fourteenth Amendment |
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| developed the intermediate scrutiny standard |
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| Three states short of ratification |
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| banned some gender discrimination of employment |
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| Pregnancy Discrimination Act of 1978 |
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| women are also protected from being required to take mandatory pregnancy leave and from being denied jobs because of pregnancy |
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| Title IX of Education Act |
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| 1972 prohibits gender discrimination in federally-funded education programs including athletics |
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form of gender discrimination forbidden by Civil Rights act of 1964
Retaliation prohibited
Prevalent in male-dominated fields
huge problem in military |
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serve in every branch
14% pf active duty armed forces
allowed in academies 1975 |
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| Gender differences in military |
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only men must register for draft
women forbidden from ground combat (for now) not anymore |
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| public accommodations inaccessible |
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| adding disability to the list of groups protected from discrimination |
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| Education of All Handicapped Children Act of 1975 |
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| all children are entitled to a free public education appropriate to their needs |
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| Americans with Disabilities Act of 1990 |
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Definition
| required employers to make reasonable accommodations for disabled access to their facilities and prohibited employment discrimination against the disabled. |
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| Bowers v. Hardwick (1986) |
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| SCOTUS ruled that states could legally forbid gay sex |
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| Dont Ask Don't Tell (1993) |
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Definition
Prohibited military personnel from discriminating against of harassing closeted homosexuals. Barred openly gay persons from military persons.
Ended in 2011 |
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| Lawrence vs. Texas (2003) |
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| The court overturned Bowers ruling that laws regarding private sexual conduct violate the right to privacy |
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| Defense of Marriage Act (DOMA) |
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| 1996- allows states to refuse to recognize same-sex marriage granted under the laws of other states |
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| United States v. Windsor 2013 |
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| Court ruled Section 3 of DOMA to be unconstitutional which defined the word "MARRIAGE" |
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| incolves giving precedence to applicants who are members of groups that were previously discriminated against for jobs, promotions, and admission to educational programs. |
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| Regents of the University of California v. Bakke |
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| court ruled that racial quotas are unconstitutional, although it stopped short of saying that the university could not use race as a criterion for admission |
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| Adarand Constructors v. Pena (1995) |
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| Court held federal affirmative action programs giving preference for contracts to minority-owned firms to the inherently suspect standard for racial classifications, which limited their potential impact. |
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| California's Proposition 209 (1996) |
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| prohibit state government institutions form considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting or public education. |
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