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| 13485971477 | Westboro Baptist Church | "God hates fags" sign held up at Matthew Shepard's (subject of the Laramie Project) funeral, went to court for emotional harm, but they lost. They protest the Laramie Project and are known for hate speech. | 0 | |
| 13485976831 | Schenck v. United States (1919) | Clear and present danger test by Supreme court to distinguish between protected/unprotected speech. -examines if danger will bring about substantive evils | 1 | |
| 13486043777 | Marbury v. Madison (1803) | Adams appointed judges whose commissions were not honored by Jefferson -ruled: Established Judicial Review, the ability for courts to interpret the Constitution | 2 | |
| 13486049436 | Frederick v Morse | student held up sign "Bong hits for Jesus." school claimed that it was a field trip and that academic propriety was violated. Ruled in favor of school bc his sign promoted illegal drug use on campus against their policy. | 3 | |
| 13486069686 | Brown v. Board of Education 1954 | The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. -overturned Separate but Equal standard of discrimination in education. | 4 | |
| 13486081594 | Gideon v. Wainwright (1963) | Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay. -6th am. | 5 | |
| 13486087819 | Shaw v. Reno (1993) | NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts. -North Carolina, 14th amendment equal protection clause | 6 | |
| 13486115478 | McDonald v. Chicago (2010) | sued Chicago and Oat Park Illinois challenging gun ban, in District of Columbia v Heller - 2nd amendment should also apply to the states. | 7 | |
| 13486158853 | Tinker v. Des Moines (1969) | Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes | 8 | |
| 13486160365 | McCulloch v. Maryland (1819) | the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers | 9 | |
| 13486164784 | U.S. v. Lopez (1995) | Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce. -guilty 6 months in prison | 10 | |
| 13486169064 | Baker v. Carr (1962) | Tennessee citizens argued that law to apparition state's general assembly was disregarded | 11 | |
| 13486185008 | Wisconsin v. Yoder (1972) | Amish children do not have to go to school until they are 16---they may stop after the 8th grade | 12 | |
| 13486208105 | New York Times v. US | Nixon tried to prevent Pentagon papers about Vietnam top secrets | 13 | |
| 13486213070 | Engle v. Vitale (1962) | Penn, RI taxpayer $ used to fund religious private schools. violated the first amendment (interfered with the separation of church and state) | 14 | |
| 13486220746 | Citizens United v. FEC | political group sought injunction against Federal Elections Commission in the USDC for District of Columbia to prevent application of Bipartisan Campaign Reform Act to its film Hillary | 15 | |
| 13486252973 | Griswold v. Connecticut (1965) | banned the use of any drug, medical device, or other instrument in furthering contraception. - Constitution protect the right of marital privacy against state restrictions on contraception. | 16 | |
| 13486256357 | Roe v. Wade (1973) | Texas law prohibited abortions except to save the pregnant woman's life. -woman's right to an abortion fell within the right to protected by the Fourteenth Amendment | 17 | |
| 13486259446 | Texas v. Johnson (1989) | Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. - Can states criminalize flag burning? flag burning, "is protected speech because it contains a sufficient level of communication" | 18 | |
| 13486264338 | Lemon v. Kurtzman (1971) | Pennsylvania used government money to fund programs that taught religious lessons, programs, and studies to private schools, under the Non-Public Elementary School Act Did state assistance to private, religious schools violate the Establishment Clause, BUT does withholding federal money to religious schools violate the Exercise Clause? -Yes. "There should be no excessive entangled by the government." Sets precedent of policies regarding establishment of religion, referred to as the Lemon Test. | 19 | |
| 13486269956 | Lemon Test (Lemon v. Kurtzman) | Three tests are described for deciding whether the government is improperly involved with religion. 1) Has a secular purpose. 2) Its primary effect neither advances nor inhibits religion. 3) It does not foster an excessive government entanglement with religion. | 20 | |
| 13486276838 | Civil Liberties | individual rights that protect people against the government | 21 | |
| 13486280648 | incorporation doctrine | The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment. | 22 | |
| 13486288124 | RAPPS | Religion, Assembly, Press, Petition, Speech | 23 | |
| 13486289307 | Free Exercise Clause | The government cannot restrict your rights to practice a specific religion | 24 | |
| 13486291245 | Establishment Clause | The government cannot establish a national religion | 25 | |
| 13486299592 | clear and present danger test | law should not punish speech unless there was a clear and present danger of producing harmful actions | 26 | |
| 13486300956 | National Security | the ability to keep the country safe from attack or harm Threatens our ability to fight war Publishing national secrets | 27 | |
| 13486305000 | obscene speech | Depicts sexual conduct in a manner that is "patently offensive" to community standards, and lacks serious artistic, political, or scientific value sexual acts (porn) | 28 | |
| 13486308664 | Freedom of Speech on television | Can be regulated by the government Especially on major networks FCC | 29 | |
| 13486311741 | symbolic speech | nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment. | 30 | |
| 13486312729 | freedom of the press | the right of journalists to publish the truth without restriction or penalty | 31 | |
| 13486313317 | Libel | A written defamation of a person's character, reputation, business, or property rights. | 32 | |
| 13486314532 | Slander | the action or crime of making a false spoken statement damaging to a person's reputation. | 33 | |
| 13486316459 | Can the press influence a fair trial? | Too much press can influence the jury Ohio rape case | 34 | |
| 13486320200 | Freedom of assembly | the right of the people to gather peacefully and to petition government | 35 | |
| 13486330703 | hate groups | organizations that promote hostility or violence toward others based on race and other factors | 36 | |
| 13486349469 | Three levels of courts | U.S. District Court U.S. Circuit Courts of Appeals Supreme Court | 37 | |
| 13486351289 | Judges/justices: | Appointed by President Serve for life | 38 | |
| 13486353403 | Original jurisdiction and appellate jurisdiction | The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision. | 39 | |
| 13486354360 | Organization Of The Federal Court System |  | 40 | |
| 13486356449 | Article III | Federalist #78written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions Weak Not meant to determine law Treason-Only crime mentioned in Constitution 2 witnesses Death | 41 | |
| 13486358246 | Judiciary Act of 1789 | Established the constitutional courts Three tiers: District courts Circuit courts 6 SCOTUS justices | 42 | |
| 13486359190 | U.S. District Courts | Trial courts created by Congress 94 districts Nearly 700 justices Hear criminal and civil matters -Plaintiff v. defendant Fact finders Federal Crimes Most fall under Article I, Section 8 Right to a jury Right to defense lawyer Plea bargain U.S. Attorneys Each district has own - appointed by POTUS Attorney General Civil Cases Torts Class action suits Suing the Government Sovereign immunity Happens a lot Special Legislative Courts Created by Congress Judges - 15 year terms Specialized | 43 | |
| 13486364123 | U.S. Circuit Courts | Created by Congress 11 regional courts 2 courts in D.C. Nearly 200 justices Takes appeals from district courts Justices sit in panels of 3 | 44 | |
| 13486375845 | U.S. Circuit Court of Appeals | Appellate Jurisdiction Now permanent Don't determine facts - help shape the law Certiorari Panels of 3 judges Petitioner v. Respondent Do not determine guilt or innocence 11 circuits 200 justices Sit en banc 2 in DC Patents, contracts, financial claims against the US Circuit Court of Appeals - works w/ bureaucracy | 45 | |
| 13486365196 | U.S. Supreme Court | Created by Article III of Constitution 9 justices - 1 chief Hears 80-100 cases from October through June Has original jurisdiction in unique cases Takes appeals from circuits and top state courts | 46 | |
| 13486380757 | History of SCOTUS | John Jay John Marshall Precedents | 47 | |
| 13486381444 | Marshall Court | 7 members Strengthened the nation Judicial Review Marbury v. Madison (1803) McCulloch v. Maryland (1819) Gibbons v. Ogden (1825) Commonality: sided w/ Congress | 48 | |
| 13486382661 | The Taney Court | Private property & activities of corporations can be regulated by state legislatures Roger Taney 9 justices Slavery Dred Scott v. Sandford (1855) Slaves ≠ citizens | 49 | |
| 13486383500 | Late 1800s | Business, trade, workplace regulations Mostly conservative Strictly constructionist Struck down minimum wage, maximum hours, and child labor laws | 50 | |
| 13486385067 | The New Deal and Roosevelt's Court Packing Plan | Still fairly conservative New building Roosevelt's plan to pack the court Dilute the "nine old men" Attack on the Court's independence Justice Owen Roberts | 51 | |
| 13486387876 | Post WW2 Courts | Protected/extended individual liberties | 52 | |
| 13486388703 | The Warren Court | the chief justice that overturned Plessy v. Ferguson in Brown v. Board of Education (1954); he was the first justice to help the civil rights movement, judicial activism Extension of civil liberties Brown v. Board of Education Overturned Plessy v. Ferguson Miranda v. Arizona Tinker v. Des Moines | 53 | |
| 13486390261 | The Burger Court | a conservative jurist appointed by Nixon that nonetheless continued the judicial activism of the Warren Court as seen by Roe v. Wade; this was due to the other members of the court rather than his own liberal beliefs Continuation of the Warren Court Roe v. Wade | 54 | |
| 13486392590 | William Rehnquist | United States jurist who served as an associate justice on the United States Supreme Court from 1972 until 1986, when he was appointed chief justice (born in 1924) | 55 | |
| 13486393619 | The Rehnquist Court | Reduced court load and improved procedures Upheld states' rights | 56 | |
| 13486394617 | The Roberts Court | Judicial minimalism Hard to predict | 57 | |
| 13486396672 | The Modern Supreme Court | Vacancies infrequent Chief justice vacancy unique Partisan balance in Senate key | 58 | |
| 13486400209 | Accepting Cases | First step in process -10,000 appeals per year -Justices meet in conference -once a week -Rule of four -Writ of certiorari Types of cases selected -Civil liberties -Discrepancies -interpretation of a law -Solicitor general's request | 59 | |
| 13486403651 | Process of Decision Making | Oral arguments -Briefs -Amicus Curiae briefs -30 minutes for each side Opinion writing -Chief justice assigns opinion, if in majority -Explain legal reasoning -Concurring opinion -Dissenting opinion | 60 | |
| 13486406264 | Basis of Decisions | - Vast majority of cases decided on the principle of stare decisis - Why do justices disagree - Ambiguity and vagueness - judicial philosophy - originalism Why do justices disagree? Ambiguity and vagueness Judicial philosophy Originalism/Restraint Activism | 61 | |
| 13486408765 | Virgil Hawkins | the case of a black man named virgil hawkins who tried to get admitted to the university of florida law school illustrates how other courts and other institutions of government can be roadblocks in the way of judicial implementation | 62 | |
| 13486417960 | Judicial implementation | Interpreting population Implementing population Consumer population | 63 | |
| 13486420918 | Criteria for Selection | Geography Religion Ideology/partisanship Senatorial Courtesy | 64 | |
| 13486575545 | Magna Carta | the royal charter of political rights given to rebellious English barons by King John in 1215 | 65 | |
| 13486576488 | Who decides process "due" | Policy makers make rules Judges interpret constitutions (national/state) | 66 | |
| 13486577554 | What are life, liberty, property? | Common sense meanings Broader meanings Life Includes corporations Liberty includes movement and (past) contracts Property includes reputation, job, inventions | 67 | |
| 13486579165 | Due process in practice | Criminal-- Notice, fair trial, counsel, pre and post processes Civil-- Notice, hearing, employ counsel, impartial decision-maker Civil includes administrative actions E.g., termination of benefits, school discipline, licensing/regulation | 68 | |
| 13486580730 | Two additional dimensions of due process | Substantive due process Incorporation of Bill of Rights | 69 | |
| 13486581597 | "SUBSTANTIVE" due process | There are some things governments cannot do at all, no matter what procedures they follow "Fundamental rights" analysis U.S. Supreme Court decides what government cannot do | 70 | |
| 13486582187 | Examples of substantive due process | Late 19th century: Liberty of contract State and national economic regulatory laws struck down 20th century: Right of privacy Laws banning interracial marriage, abortion, and some sexual practices struck down | 71 | |
| 13486583249 | "Incorporation" of Bill of Rights | Bill of Rights limits national government 14th Amendment due process clause limits states Does 14th Amendment due process mean Bill of Rights also limits states? | 72 | |
| 13486583988 | Supreme Court embraces "selective incorporation" | Not all rights in Bill of Rights are equal Due process requires states to respect rights "fundamental to scheme of ordered justice" Whether right in Bill of Rights limits state decided case-by-case | 73 |
