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Constitutional Law

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Commonwealth v. Mitchneck
Failing to pay money owed is not theft failing to pay money to a creditor under an agreement to pay the debt of another does not constitute fraudulent conversion, since the money at issue never belonged to the creditor. Conversion novation
Mousetrap Cartoon
Right to an attorney; call my lawyer; custody; custodial interrogation; need a lawyer.
Bowers v. Hardwick
Fundamental right to engage in sodomy, homosexual conduct.
Brown v. Board of Education
Separate but equal doctrine, public education, violates the fourteenth amendment, tangibly equal resources and facilities, segregation.
Bush v. Gore
Constitutional standards apply to recounts, clear standards, determine voter intent, recount of votes.
Griswold v. Connecticut
Right to privacy, marital relationship, contraceptives, penumbra, zone of privacy.
Hamdi v. Rumsfeld
Citizen "enemy combatant" has due process right to contest his detention, non detention act.
Lawrence v. Texas
Texas sodomy statute law, private consensual sexual conduct.
Marbury v. Madison
Judiciary act, power to declare unconstitutional, appellate jurisdiction, mandamus, original jurisdiction.
Marbury v. Madison
Separate but equal accommodations, racial inferiority, the fourteenth amendment, separate but equal doctrine.
San Antonio v. Rodriguez
Appropriations among school districts, comparative wealth, education is not a fundamental right.
Shelley v. Kraemer
Judicial enforcement of racially restrictive covenants constitutes state action, fourteenth amendment.
Texas v. Johnson
Burning the American flag, freedom of expression, first amendment, symbolic speech.
Washington v. Glucksberg
Laws prohibiting physician assisted suicide, terminally ill, mentally competent, patients in extreme pain, right to die.
Gonzales v. Raich
Medical marijuana, cancer, terminally ill, prescription morphine.
Kelo v. New London
Yes, you now have to share a room with your brother. But don't worry, the whole family will benefit from my new billiards room!
Kelo v. New London
Fifth amendment, eminent domain just compensation, public purpose, takings of private property, private economic development.
Cooper v. Aaron
School desegregation, Brown v. Board of Education, supremacy clause.
Loving v. Virginia
Interracial marriage, equal protection.
Yick Wo v. Hopkins
Equal protection clause of the fourteenth amendment prohibits racial discrimination.
Washington v. Davis
Disparate impact; disparate treatment.
Moose Lodge No. 107 v. Irvis
Private club; state action.
Edmonson v. Leesville Concrete Company, Inc.
Peremptory challenge; Batson challenge, state action, voir dire, exlude black jurors.
City of Richmond v. J.A. Croson Company
Racial quota; strict scrutiny, remedial plan.
Adarand Constructors, Inc. v. Pena
Affirmative action; strict scrutiny, race based compensation incentive, state actor.
Shaw v. Reno
Gerrymandering; reapportionment; strict scrutiny; voting rights act, odd shaped voting districts.
Railway Express Agency, Inc. v. New York
Equal protection; rational basis test.
Frontiero v. Richardson
Sex suspect classification, similarly situated members of different sexes.
Craig v. Boren
Intermediate scrutiny, gender based classifications.
United States v. Virginia
Public university gender classification requires exceedingly persuasive justification.
City of Cleburne v. Cleburne Living Center
Quasi suspect classification.
Romer v. Evans
Equal protection clause; homosexual rights, state action.
Baehr v. Lewin
Prohibition on same sex marriage; gay rights.
Palko v. Connecticut
Fifth amendment; double jeapordy clause; concept of ordered liberty.
Adamson v. California
Right against self incrimination.
Skinner v. Oklahoma ex rel. Williamson
Forced sterilization violate due process.
Lochner v. New York
Police power. The Fourteenth Amendment guarantees an individual the right to make a contract affecting his or her personal business.
Penn Central Transportation Company v. City of New York
Eminent domain clause; takings clause, landmark, payment of just compensation.
Lucas v. South Carolina Coastal Council
Eminent domain clause; takings clause, nuisance, regulation, payment of just compensation.
Tahoe Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
Moratorium on develepment as eminent domain clause; takings clause, payment of just compensation.
Reynolds v. Sims
Reapportionment; dilution of representation, equal protection clause.
Edgewood Independent School District v. Kirby
Public school expenditures among districts must be equal.
Saenz v. Roe
Privileges and immunities clause; welfare benefits, length of residency.
Meyer v. Nebraska
Liberty interests, teach english only.
Poe v. Ullman
Actual controversy, actual dispute, declaratory judgment, nullification, per legem terrae, ripeness.
Roe v. Wade
Complete ban on abortions violates the right to privacy, state, abortion laws, viable zone of privacy.
Planned Parenthood of Southeastern Pennsylvania v. Casey
Restrictions on abortions cannot unduly interfere with a woman's right to choose, judicial bypass, substantive due process, undue burden test.
Board of Regents v. Roth
Due process, contract rights, property interests, procedural due process.
Mathews v. Eldridge
A hearing, termination of social security disability benefits, terminating disability benefits; administrative procedures, due process, entitlement.
R.A.V. v. City of Saint Paul
Fighting words may be prohibited, ordinance, target race, color, creed, religion, or gender violates the first amendment, content based restriction, defamation, fighting words, libel.
Abrams v. United States
The first amendment does not protect speech aimed at influencing the american public against the war the government is trying to wage.
Brandenburg v. Ohio
Speech advocating social change is protected by the first amendment, speech that advocates violence but does not incite immediate use of force or violence.
New York Times Company v. Sullivan
A public official may receive damages only for malicious libel, showing of actual malice, defamation.
Bartnicki v. Vopper
Illegally obtained information, matter of public significance, chilling effect, intervenor.
Miller v. California
Distribution of obscene material, the first amendment, sexually explicit material, prurient interest, lacks serious literary, artistic, political, or scientific value, obscenity, pornography.
City of Renton v. Playtime Theaters, Inc.
Zoning ordinances may target secondary effects of speech without offending the first amendment, free speech, content based restriction.
Cohen v. California
Vulgar speech does not disturb the peace, offensive speech.
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council
The first amendment protects some commercial speech, flow of commercial information.
Buckley v. Valeo
Contributions to political campaigns are protected as speech, limits on campaign contributions, limits on campaign expenditures, the first amendment.
United States v. Grace
The first amendment prohibits denying access to a traditional public forum, sidewalks, forums for public expression, designated public forum.
Ward v. Rock Against Racism
Noise ordinances advance a substantial government goal, limit speech, protect a legitimate government interest, content based, foreclose alternate avenues of communication; least restrictive intrusive.
International Society for Krishna Consciousness, Inc. v. Lee
An airport terminal is not a public forum, regulations prohibiting solicitation for donations and religious leafleting.
Rust v. Sullivan
Funding, abortion counseling programs, violate the first amendment.
Legal Services Corporation v. Valazquez
Federal grant money, challenge welfare laws, the first amendment, legal assistance, welfare recipients.
Hazelwood School District v. Kuhlmeier
Schools may exercise editorial control over student speech in school sponsored activities, the first amendment.
Madsen v. Womens Health Center, Inc.
Injunction, the first amendment protection, narrowly tailored, prior restraint.
Board of Airport Commissioners v. Jews for Jesus, Inc.
Overbreadth doctrine, a resolution that prohibits all conduct or speech protected by the first amendment is unconstitutional.
Board of Directors of Rotary International v. Rotary Club of Duarte
Private association, denial of membership to women, unruh act to the california rotary clubs, the right of expressive association, the first amendment.
Employment Division Department of Human Resources v. Smith
Free exercise clause, unemployment benefits, peyote, unemployment compensation, state criminal statute, religious ritual.
Everson v. Board of Education
Government reimbursement to facilitate transportation of students to school does not violate the establishment clause.
Lee v. Weisman
Prayers at commencement exercises violate the first amendment, state endorsement of religion.
Zelman v. Simmons Harris
School voucher program, religious affiliated schools, vouchers to parents, not violate the establishment clause of the first amendment.
McCulloch v. Maryland
Congress power to enact legislation to carry out its powers, constitutional authority, pass legislation, establish a national bank that is exempt from state taxing powers. necessary and proper clause.
Gibbons v. Ogden
The constitution's grant of authority to regulate commerce among the states must necessarily include the ability to regulate navigation; commerce clause; dormant commerce clause; supremacy clause.
United States v. Darby
Intrastate components of interstate commerce fall within the commerce clause, ability to regulate certain intrastate activities.
Heart of Atlanta Motel v. United States
Racial discrimination has an economic impact and so may be regulated by congress under the commerce clause.
United States v. Lopez
Enact school gun possession laws, connected with interstate commerce, congressional interference in a purely local concern.
The Civil Rights Cases
The civil rights act was intended to protect the legal and civil rights of all citizens. civil rights civil rights act.
Jones v. Alfred H Meyer Company
Congress has the authority to prohibit private discrimination in order to give full effect to the provisions of the thirteenth amendment.
Katzenbach v. Morgan
State voting requirements cannot conflict with federal provisions, federal voting rights act. supremacy clause.
City of Rome v. United States
Congress has the right to prohibit unintended effects of practices that do not alone violate the 15th amendment, prohibit voting practices, discriminatory purpose, discriminatory effect when applied.
City of Boerne v. Flores
The religious freedom restoration act (rfra) exceeds congress' power under the fourteenth amendment and violates principles necessary to maintain separation of powers and a federal state balance.
United States v. Morrison
Congress may not regulate non economic, violent criminal conduct based solely on an assertion that the conduct has a negative impact on interstate commerce.
South Dakota v. Dole
Congress may condition payments of federal funds to states on their passage of laws restricting alcohol sales, spending power, twenty first amendment.
Missouri v. Holland
Treaties, superior to state laws, federal laws and regulations enacted pursuant to a validly entered treaty take precedence over the laws of the individual states.
Garcia v. San Antonio Metropolitan Transit Authority
State and local government employers are subject to the FLSA, application of the Fair Labor Standards Act to local government employers does not violate the tenth amendment.
New York v. United States
Congress cannot impose a regulatory process on the individual states in violation of the tenth amendment, forcing individual states to comply with nationwide regulations.
Printz v. United States
Congress may not compel state and local law enforcement officers to administer the brady act, federal law that requires a particular action by a state or local officer.
Gibbons v. Ogden
States may not exercise regulatory power delegated to congress simply because congress has failed to act, absence of congressional action to regulate commerce.
City of Philadelphia v. New Jersey
Restrict the flow of waste, landfills, states may not regulate commercial activity within their borders in such a way as to favor state interests. Dormant commerce clause.
Kassel v. Consolidated Freightways Corporation
State regulations having a direct impact on interstate commerce must be justifiable as a safety concern.
United Building and Construction Trades Council of Camden County v. Mayor and Council of Camden
Municipal ordinances that discriminate based on local residency may violate the privileges and immunities clause, municipal residency requirements have interstate effect.
Youngstown Sheet and Tube Company v. Sawyer The Steel Seizure Case
Presidential authority must be explicit, president, specific constitutional provisions, there is no inherent executive authority, executive order.
United States v. Nixon
Executive privilege does not shield the president from the judicial process, recognized claim of privilege, due process considerations, criminal trial, executive immunity, in camera inspection, speech or debate clause.
Immigration and Naturalization Service v. Chadha
Three branches of government; grant of executive authority cannot be overridden by a congressional veto, once congress has acted to vest authority in an administrative agency, it cannot act to overturn the action of that agency in the absence of further legislation.
Clinton v. New York
The line item veto violates the constitution, line item veto act, virtual amendment of congressional acts by the president, delegation doctrine.
Bowsher v. Synar
Sequestration, budget appropriations cannot be delegated to a legislator the delegation of executive functions to a legislative administrator violates the constitutionally imposed doctrine of separation of powers.
Morrison v. Olson
The appointments clause of the constitution permits congress to delegate to the courts the ability to appoint special prosecutors who are inferior officers. Independent counsel.
Ex Parte McCardle
Congress has constitutional authority to regulate the appellate jurisdiction of the federal courts and the supreme court. Repeal.
Baker v. Carr
Apportioned; apportionment; guaranty clause of the constitution, judicially resolving an otherwise political question, political right; the equal protection clause, judicial question.
Nixon v. United States
Nonjusticiable, impeachment of a federal judge, U.S. Senate, sole authority; judicial review, judicial participation.
Allen v. Wright
Case or controversy requirement, cognizable controversy, redress, confer standing, satisfy the federal standing requirement, present injury.
Lujan v. Defenders of Wildlife
Injury in fact and redressability must be established even under a federal statute conferring a private cause of action, private right of action, standing, personal injury, public, injury in fact. Injury to the environment.
Friends of the Earth, Inc. v. Laidlaw Enviornmental Services TOC, Inc.
Plaintiff residents in the area of South Carolina's North Tyger River had standing to sue an industrial polluter against whom various deterrent civil penalties were being pursued.
Ashcroft v. American Civil Liberties Union
Harmful internet content, least restrictive alternative to protect minors, suppresses a substantial amount of protected speech, unconstitutional, less restrictive alternatives exist.
Ashcroft v. The Free Speech Coalition
Overbreadth doctrine, speech restrictions prohibiting a substantial amount of protected speech are overbroad and unconstitutional, child pornography, obscenity.
Board of Trustees University of Alabama v. Garrett
States are not liable under the ada the americans with disabilities act, liable for employment discrimination, disability. eleventh amendment, equal protection, sovereign immunity.
Brentwood Academy v. Tennessee Secondary School Athletic Association
Private associations can be state actors, state action, close nexus, challenged action, seemingly private behavior.
Brown v. Legal Foundation of Washington
Iolta accounts are not takings requiring just compensation. Just compensation is measured by the property owner's loss rather than the government's gain.
Bush v. Gore
Constitutional standards apply to recounts. In the absence of clear standards to determine voter intent, a recount of votes cannot be permitted.
City of Littleton Colorado v. Z.J. Gifts
Licensing scheme implicating first amendment interests must provide for "prompt judicial review" of any administrative denial of a license.
Easley v. Cromartie
Legislative determinations, district boundary challenges, legislatively drawn boundarie, legitimate political objectives, traditional districting principles.
Elk Grove Unified School Dist. V. Newdow
Federal courts abstain from resolving state domestic relations issues, religious education, abstention, standing.
Engel v. Vitale
Organized prayers in public schools are unconstitutional, the establishment clause of the first amendment, compose official prayers, religious program carried on by the government.
Florida Lime and Avocado Growers, Inc. v. Paul, Director, Dept. of Agriculture of California
Conflict preemption requires impossible compliance with both federal and state regulations.
Grutter v. Bollinger
Educational diversity is a compelling state interest, racial classifications, narrowly tailored, strict scrutiny.
Hamdi v. Rumsfeld
Individual due process rights must be balanced against national security, citizen detainee, classification as an enemy combatant, habeas corpus, war power.
Lawrence v. Texas
Regulation of sexual expression violates the fundamental right of privacy, state laws criminalizing homosexual relations violate substantive due process. Sodomy.
Locke v. Davey
Public funding of religious instruction justifies scholarship restrictions, the free exercise clause, state financed religious instruction, establishment clause.
Lorillard Tobacco Company v. Reilly
Federal cigarette advertising regulations preempt conflicting state regulations, congress expressly preempts state or local action, conflicting state regulation must yield to federal law, supremacy clause.
Lorillard Tobacco Company v. Reilly2
Restrictions on commercial speech are not subject to strict scrutiny.
Nevada Department of Human Resources v. Hibbs
The FMLA; state governments are liable for money damages for interfering or restraining state employees exercise of their rights under the Family and Medical Leave Act of 1993; family leave.
Nguyen v. Immigration and Naturalization Service
Gender based classification, basic biological differences between men and women factor into an equal protection analysis, substantially related to achieving an important governmental objective.
Palazzolo v. Rhode Island
Eminent domain, inverse condemnation, just compensation, ripeness, taking, environmental concerns justify limitations on development, when a regulation denies all economically beneficial or productive use of property.
Palmore v. Sidoti
Custody determinations, potential racial bias against the child, courts may not use private racial bias as a justification for official court action.
Pierce County Washington v. Guillen
Congress may regulate intrastate activity that affects interstate commerce, the commerce clause, instrumentalities of interstate commerce.
Republican Party of Minnesota v. White
Judicial impartiality is not a compelling enough interest to justify suppressing candidates views, government regulations that supress speech on the basis of its content must be narrowly tailored, first amendment.
Sabri v. United States
Spending clause, appropriate federal funds for the general welfare, facial challenge, necessary and proper clause, spending power.
Shaw v. Murphy
Prison officials have discretion to restrict prisoners speech, restrictions on prisoner's communication mst be "reasonably related to legitimate penological interests."
Silveira v. Lockyer
The collective rights interpretation of the second amendment is affirmed; right to maintain an effective state militia and does not establish an individual right to own or possess firearms for personal use, right to bear arms.
Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers
Administrative action conflicting with clear statutory language is not entitled to deference, administrative authority; commerce clause.
State Farm Mutual Automobile Insurance Company v. Campbell
Punitive damages awards must be weighed against the compensatory damages; reprehensibility of the defendant's conduct, disparity between actual harm caused and amount of the punitive damages awarded. bad faith, supersedeas bond.
Tennessee v. Lane
Title ii of the ada is a valid exercise, abrogate the state's eleventh amendment immunity, congress must have unequivocally expressed its intent; americans with disabilities act.
Thomas and Windy City Hemp Development Board v. Chicago Park District
Content based restriction, prior restraint, requiring permits for all public assemblies does not infringe on the freedom of speech, content neutral regulation of access to public property, provides adequate standards.
United States v. American Library Association, Inc.
Libraries do not violate the first amendment by blocking pornography, censor.
United States v. Seeger
Religion, the test of whether a belief "in a relation to a supreme being", sincere and meaningful, occupies a place in the life of its possessor parallel to that filled by the orthodox belief in god.
Vieth v. Jubelirer
Political gerrymandering claims are not justiciable, no judicially discoverable and manageable standards for resolving the issues presented, nonjusticiable political question, justiciability.
Virginia v. Black
Burning a cross, violates the first amendment, state statute banning cross burning with the intent to intimidate another person, free expression, prima facie evidence.
Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton
Freedom of speech includes the right to disseminate religious views at private residences; requiring a permit, door to door activities on private residential property.
Whitman v. American Trucking Association, Inc.
Delegation doctrine; executive action involves a certain degree of administrative discretion; intelligible principle; legislative power; separation of powers.
Gratz v. Bollinger
A point system emphasizing minority status violates equal protection; university admissions policies; take race into account, affirmative action; reverse discrimination.
Rogers v. Lodge
Discriminatory at large voting schemes are unconstitutional; multimember districts violate the fourteenth amendment; motivated by a discriminatory purpose.
Village of Arlington Heights v. Metropolitan Housing Development Corporation
At-large system violate Amendments Fourteen or Fifteen or the Voting Rights Act on if there is discriminatory intent.
Hill v. Colorado
Disproportionate impact; equal protection violation; proof of intentional or purposeful discrimination; disparate impact; invidious discrimination; zoning.
Martin v. Hunter's Lessee
Confrontational speakers; unwilling recipients; a reasonable restriction on the time, place, and manner of protected speech does not violate the first amendment; content-based restriction; forum.
Miller-El v. Dretke
Peremptory challenge; juror discrimination; racial discrimination; Batson v. Kentucky, Johnson v. California.
Fair Use Parody
Winter v. DC Comics; copyright; the first amendment; appropriation of a likeness; more than merely copying the likenes; right of publicity claim; significant transformative elements; value of work does not derive primarily from celebrity's fame; fair use; parody.
Gonzales v. Carhart
Nebraska partial birth abortion statute violated the Federal Constitution, as interpreted in Planned Parenthood of Southeastern Pa. v. Casey and Roe v. Wade.
Morse v. Frederick
Do public schools have a First Amendment right to keep students from exhibiting a message advocating drug use at a school-sponsored event supervised by faculty? School principal was liable under the Civil Rights Act for disciplining a student.
Creative Accounting
White collar crime cartoon; Arthur Andersen LLP; withhold documents; alter documents; destroy documents.
Desegratation Laws
Martin v. Hunter's Lessee, the Unites States Supreme Court is the singular revising authority to control discordant state court judgments and harmonize them.
Political Question Doctrine
Cooper v. Aaron.
Political Question Doctrine
Massachusetts v. Environmental Protection Agency, states can sue over global warming, case or controversy requirement. Environmental attorney. Damage to the environment.
Commerce Power
Gibbons v. Ogden.
Commerce Clause
Hammer v. Dagenhart [The Child Labor Case], prohibiting the use of the facilities of interstate commerce to effect an intended evil.
Medical Marijuana
Gonzales v. Raich, medicinal marijuana violates federal drug laws under the commerce clause powers.
Dormant Commerce Clause
C&A Carbone, Inc. v. Clarkstown, ordinance that discriminates against interstate commerce in favor of local business or investment is per se invalid, unless municipality demonstrates it has no other means to advance a legitimate local interest.
United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority
United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority, limits C&A Carbone, Inc v. Clarkstown holding regarding waste management activities by governments.
Barriers to Interstate Trade Violate the Commerce Clause
Baldwin v. G.A.F. Seelig, Inc., Barriers to commercial traffic between states, direct or indirect, violate the Commerce Clause when purpose and effect of such barriers is to suppress or mitigate the consequences of competition between states.
Hamdan v. Rumsfeld
Accused terrorists hearings before regular tribunals, military commissions.
Kelo v. City of New London
Eminent domain, just compensation, public purpose, takings of private property for use by other private citizens pursuant to a carefully considered economic development plan intended for a public purpose are valid under the Fifth Amendment.
Partial Birth Abortion Ban
Gonzales v. Carhart, woman's health, late term abortions.
Racial Balancing Strict Scrutiny
Parents Involved in Community Schools v. Seattle School District, all racially based state action must pass strict scrutiny, even if the asserted purpose is racial balancing.
Federal Election Commission v. Wisconsin Right to Life
Federal Election Commission v. Wisconsin Right to Life, Bipartisan Campaign Reform Act, corporations may sponsor issue oriented ads advertisements prior to an election.
Ten Commandments Displays Establishment Clause
McCreary County v. ACLU of Kentucky, ten commandments displays in county courthouses violate the first amendment establishment clause.
Ten Commandments on State Capitol Grounds
Van Orden v. Perry, The mere fact that an object has some religious significance does not automatically mean that it runs afoul of the Establishment Clause.
Gay Marriage Ban
Varnum v. Brien; gay rights; a statute restricting civil marriage to a man and a woman violates the equal protection clause of the Iowa constitution.
Constitutional Interpretation
District of Columbia v. Heller; Words and phrases in the Constitution are to be interpreted according to their normal and ordinary meanings as understood when the provision in question was adopted; second amendment.
Taxpayer Standing to Challenge Executive Branch Actions
Hein v. Freedom from Religion Foundation; Taxpayers have standing to bring Establishment Clause challenges to a federal expenditure only if that expenditure is made pursuant to an explicit congressional authorization; establishment clause.
Congressional Regulation of Intrastate Commerce
Gonzales v. Raich; Medical marijuana; Prescription marijuana; THC; Congress may regulate intrastate activity if there is a rational basis for concluding that the activity may have a substantial effect on interstate commerce; necessary and proper clause.
A State May Be Sued for Some ADA Violations
United States v. Georgia; The enforcement power in the Fourteenth Amendment gives Congress the power to create a private right of action for violations of the Amendment; Americans with Disabilities Act; sovereign immunity.
Suspension Clause
Boumediene v. Bush; If the privilege of habeas corpus is to be denied, Congress must act in accordance with the requirements of the Suspension Clause; ultra vires.
Dormant Commerce Clause Laws
United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority; Laws that favor government operations, but that treat all private businesses equally, do not violate the Commerce Clause; dormant commerce clause.
Tobacco Litigation
Philip Morris U.S.A. v. Williams; An award of punitive damages based on a desire to punish the defendant for harming persons not before the court is an unconstitutional taking of property without due process.
Race Based Classifications are Subject to Strict Scrutiny
Johnson v. California; All racially based classifications imposed by the government are subject to strict scrutiny, including classifications made by prison authorities.
Regulation of Abortion
Gonzales v. Carhart; Laws that place restrictions on abortion that express respect for the life of the unborn are valid, if laws do not unduly burden a woman's right to obtain an abortion; as-applied challenge; overbreadth doctrine; void for vagueness.
Right to Vote Allows ID Checks
Crawford v. Marion County Election Board; Evenhanded restrictions on the right to vote that are related to voter qualifications and that protect the integrity and reliability of the electoral process are valid.
Restraining Order Violation
Town of Castle Rock v. Gonzales; An individual who has obtained a restraining order against another does not have a constitutionally protected property interest in the enforcement when there is probable cause to believe it was violated.
On Campus Recruiting
Rumsfeld v. Forum for Academic & Institutional Rights, Inc; Conditioning the receipt of federal funds on allowing military recruiters to have access to a college campus does not violate the First Amendment; freedom of association.
Campaign Contribution Limits Must Be Reasonable
Randall v. Sorrell; Limits on campaign contributions may not be set so low as to magnify the advantages of incumbency and prevent a candidate from raising sufficient funds to mount an effective campaign; stare decisis.
Public Employees' Work Related Speech Not Protected
Garcetti v. Ceballos; Public employees who speak as a part of their official duties are not protected from employer discipline by the First Amendment; brady material.
Accomodating Religious Practices Is not Establishment
Cutter v. Wilkinson; The Religious Land Use and Institutionalized Persons Act is a permissible accommodation of religion that does not violate the Establishment Clause; free exercise clause.
Compelling State Interest Test
Parents Involved in Community Schools v. Seattle School Dist. The Fourteenth Amendment prevents states from according differential treatment to American children on the basis of their race; compelling state interest test; Equal Protection Clause.
Batson Challenge
Hernandez v. New York; A policy of striking all who speak a given language, without regard to the particular circumstances of the trial or the individual responses of the jurors, may be a pretext for racial discrimination; peremptory challenge.
Same-Sex Gay Marriage Legal In California
In re Marriage Cases; gay rights; impermissible to treat gay individuals and same-sex couples any differently than heterosexual individuals and opposite-sex couples; compelling-state-interest-test; strict scrutiny; suspect class.
Freedom of Expression
Virginia v. Black; A state statute banning cross burning with the intent to intimidate another person is not unconstitutional, but the establishment of criminal intent from the prohibited act itself violates the First Amendment; content-based restriction.
Soft Money Contribution Cannot Circumvent Campaign Contribution Limits
McConnell v. Federal Election Commission; Congress has a legitimate interest in curbing undue influence on an officeholder's judgment, as well as the appearance of such influence; quid pro quo.
Establishment Clause v. Free Exercise Clause
Locke v. Davey; Although the Establishment Clause and the Free Exercise Clause are often in tension, there is room for play in the joints between them.
FMLA Is Legal
Nevada Department of Natural Resources v. Hibbs;State governments are liable for money damages for interfering or restraining state employees' exercise of their rights under the Family and Medical Leave Act of 1993.
Standing Requirements for Environmental Claims
Massachusetts v. EPA; For standing, a litigant must ordinarily demonstrate it has suffered concrete and particularized injury that is either actual or imminent, fairly traceable to defendant, and a likelihood that a favorable decision would redress injury.
Enemy Combatant Rights to Habeas Corpus
Boumediene v. Bush; In cases of undue delay, federal courts may entertain an enemy combatant's habeas corpus petition even before the Combatant Status Review Tribunal has had a chance to review his status.
Redressability And Immediacy
Massachusetts v. EPA; Standing; A litigant Congress has accorded a procedural right to protect his concrete interests (right to challenge agency action unlawfully withheld) can assert that right without meeting standards for redressability and immediacy.
Corporations' Political Speech is Protected
Citizens United v. Federal Election Commission; The government may not suppress political speech on the basis of the speaker's corporate identity.
Right To Keep and Bear Arms
McDonald v. City of Chicago Individual self defense is the central component of the Second Amendment right to keep and bear arms and is deeply rooted in the nation's history and tradition. Heller analysis.
State Imposed Term Limits
U.S. Term Limits v. Thornton. State term limits for its federal representative is contrary to the democratic maxim that the people should choose whom they please; is inconsistent with the Framers' vision of a uniform national legislature.
The Child Labor Case
Hammer v. Dagenhart [The Child Labor Case]. The commerce power includes the power to regulate by prohibiting the use of the facilities of interstate commerce to effect an intended evil, but it is not a means to prohibit the evil itself.
Commerce Clause Can Reach Intrastate Labor Practices
NLRB v. Jones & Laughlin Steel Corporation. Congressional power to protect interstate commerce is not limited to transactions which are an essential part of the flow of interstate commerce; can use against activities that merely burden or obstruct.
Tax Statutes
Bailey v. Drexel Furniture Co. (The Child Labor Tax Case). The presence of extensive penalizing features, indicating a primary purpose to regulate, may render a tax statute constitutionally invalid.
The Taxing Power
United States v. Butler. The Taxing Power may not be used to purchase compliance with a regulation that Congress has no power to enact.
The Spending Power
South Dakota v. Dole. The constitutional limitations on Congress when exercising its spending power are less than the limits on its authority to regulate directly such as through the Commerce Power.
War Powers
Woods v. Cloyd W. Miller Co. Congress' War Power may continue after hostilities have ended in order to remedy problems brought on by the conflict.
The Selective Exclusiveness Test
Cooley v. Board of Wardens. The Commerce Clause does not block state regulation of local subject matter, but blocks any state commercial regualtion dealign with a national subject matter.
Stream Of Interstate Commerce
Philadelphia v. New Jersey. The Commerce clause protects other States from efforts by one State to isolate itself in the stream of interstate commerce from a problem shared by all, such as garbage.
Least Restrictive Means Test
Dean Milk co. v. Madison. A health and safety ordinance that discriminates against interstate commerce will be invalid if reasonable and adequate non-discriminatory alternatives are available.
Market Participant Doctrine
South Central Timber Development, Inc. v. Wuunicke. Although state owned businesses may favor resident purchasers, they may not attach conditions to the sale of products that will burden interstate commerce.
Least Discriminatory Means
H.P. Hood and Sons v. DuMond. Laws limiting access to in state resources will be invalidated unless the state identifies a valid, nonprotectionist purpose for the law that cannot be achieved through less discriminatory means.
Privileges And Immunities Clause
United Building and Construction Trades Council v. Mayor and Council of Camden. A law that survives Commerce Clause scrutiny throught the market participant exception may be subject to the Privileges and Immunities Clause of the Constitution.
Preemption Under The Supremacy Clause
Pacific Gas and Electric v. State Energy Resources Conservation and Development Commission; Preemption cases depend on how the court charcterizes the purposes of the state statute and the controlling federal statute. Supremacy Clause.
Claims Against Foreign Governments
Dames and Moore V. Regan; The President has the power to suspend pending claims against foreign governments where such action is necessary to the resolution of a major foregin policy dispute and where Congress has acquiesced.
Line Item Veto Act
Clinton v. City of New York; Use of Line Item Veto Act to cancel spending for a budget item violates the Constitution by permitting the virtual amendment of Congressional acts by the President.; delegation doctrine.
Presidential Immunity
Clinton v. Jones; A sitting President does not enjoy temporary immunity from all civil lawsuits for his unofficial acts.
Early Fifth Amendment Case
Barron v. Mayor and city Council of Baltimore; Early Supreme Court cases held that the Fifth Amendment does not apply to the states. In this case, the Constitution does not compel just compensation.
Slaughter-House Cases
Slaughter-House Cases; The 13th Amendment and 14th Amendment are to be read narrowly to apply only to former slaves and African-Americans. Procedural guarantees are not yet applicable to the states.
Lochner Era
Lochner v. New York; A law that infringes on freedom in the marketplace and freedom of contract is unconstitutional if it does not bear a reasonable relation to a legitimate governmental purpose.
Price Controls
Nebbia v. New York; Court relaxes its scrutiny of the permissible purposes of economic regulation. Here, price controls on milk that are nondiscriminatory and bear a reasonable relation to a proper legislative purpose are constitutional.
Economic Regulation
Williamson v. Lee Optical; Economic regulation is constitutional if there exists some hypothetical rationale for the legislation.
Land Use Regulation As A Taking
Pennsylvania Coal Co. v. Mahon; A land use regulation that severely restricts land use rights can constitute a taking, which is unconstitutional unless just compensation is paid by the government.
The Contracts Clause
Home Building And Loan Association v. Blaisdell; Supreme Court looses restraints imposed by Contract Clause in time of economic emergency so state can legislatively alter remedies for the collection of debts if reasonably related to a public purpose.
Race Based Admissions to State Schools
Regents of University of California v. Bakke; Admissions programs of state schools may achieve diversity in the studenty body by considering the race of its applicants among other factors. Affirmative Action; Racial Quota System.
Equal Protection Requires Plausible Reasons
U.S. Railroad Retirement Board v. Fritz; A federal statute does not violate equal protection if Congress could have had a ratoinal reason for treating similarly situated people differently in social or economic regulations.
Poll Taxes
Harper v. Virginia State Board of Elections; Poll taxes or voter wealth as a precondition for voting are unconstitutional.
Voting Restrictions In School District Elections
Kramer v. Union Free School District No. 15; Restriction of voting in school district election to parents and property owners or lessors is a violation of equal protection.
Gerrymandering
Davis v. Bandemer; Courts will review political gerrymandering controversies. For a violation of equal protection must prove both intentional discrimination against an identifiable political group and an actual discriminatory effect on that group.
Appeal of Termination of Parental Rights
M.L.B. v. S.L.J.; Equal Protection prohibits States from denying an appeal to a party whose parental rights are terminated just because she cannot afford to pay for the required trial transcript. Must provide the transcript for indigent party's appeal.
Civil Rights Cases
Racial discrimination by purely private acts of private individuals will not violate the thirteenth amendment or fourteenth amendment. State Action; Quasi-public employment; badges and incidents of slavery.
State Action
Jackson v. Metropolitan Edison Co.; State action may be found in a private party's action only if is a sufficient connection between the state and the challenged action, something more than just a connection between the state and private party.
Conspiracy to Violate Constitutional Rights
United States v. Guest; Equal Protection can punish state officers and agents and their conspirators to prevent individuals from exercising constitutional rights. May punish private actors who conspire to violate individuals' civil rights.
Gender Motivated Violence
United States v. Morrison; Contress may not remedy the bias against victims of gender-motivated violence under the Fourteenth Amendment.
Clear And Present Danger Test
Schenck v. United States; The Constitution permits the punishment of speech when the words are used in such circumstances and are of such a nature as to create a clear and present danger. Freedom of Speech. 1917 Espionage Act.
Speech Criticizing A Law Doesn't Break It
Masses Publishing Co. v. Patten; Speech criticizing a law may not be punished as encouraging the violation of the law unless the full meaning of the expression directly counsels or advises others to violate the last as it stands.
Limits of the Clear and Present Danger Test
Gitlow v. New York; The clear and present danger test does not apply to state laws where the state legislature has determined pursuant to police powers that certain kinds of utterances involve a danger of substantive evil. Due Process Clause.
Clear And Present Danger Test Case
Whitney v. California; A state may pursuant to police powers punish utterances or joining a group inimical to the public welfare as inciting crime, disturbing the public peace, or threatening the unlawful overthrow of organized governments.
Clear And Present Danger Standard
Dennis v. United States; When speech or publication creates a clear and present danger of attempting or accomplishing a crime, government may restrict that speech and a convict relying on the speech and press.
Incitement To Riot
Feiner v. New York; When a public speaker passes the bounds of argument or persuasion and undertakes incitement to riot, police may stop the speaker from speaking, even if it means suppression of the speaker's ideas.
Purient Interests
Roth v. United States; When an average person applying contemporary community standards feels that the dominant theme, taken as a whole, appeals to purient interests, the government can regulate the material as obscene. Pornography.
Obscenity
Miller v. Calfornia; Statutes barring obscenity must be drawn in enough detail to allow producers of obscenity to structure their conduct to comply with the law.
Obscenity Laws
Paris Adult Theatre I v. Slaton; States can restrict obscenity in order to protect the public's interest in order and morality, even when the material is not available to minors or unconsenting adults.
The First Amendment
American Booksellers Association v. Hudnut; The First Amendment's interest in promoting free speech outweighs the possibility that an injury may occur as a result of the speech. State may not declare one perspective right and silence opponents.
Indecent Words Regulation By The FCC
FCC v. Pacifica Foundation; Indecent words not used to express political or social opinions can, in the broadcast media, be left unprotected by the First Amendment and thereby be restricted by the government.
Minors Access To Pornography
Reno v. American Civil Liberties Union; Laws regulating the access of minor to indecent and sexually-explicit content must be written in such as way that they do not infringe upon the rights of adults to access the same material.
Commercial Speech
Central Hudson Gas v. Public Service Commission; Restrictions on commercial speech must serve a substantial government interest, restrict speech in the most limited way possible, and must not restrict speech unrelated to the government interest.
Commercial Speech Restrictions
44 Liquormart, Inc. v. Rhode Island; Government may not restrict non-misleading commercial speech when its objective can be achieved through a different, only slightly more difficult-to-implement means.
Permitted Free Speech Regulations
United States v. O'Brien; A governmental regulation may restrict speech if the goal is unrelated to the suppression of free speech, and the incidental restriction on alleged First Amendment freedoms is no greater than essential to legitimate interest.
Time Place and Manner Restrictions
Members of City Council v. Taxpayers for Vincent; An incidental restriction on expression is justified as a reasonable regulation of time, place or manner of expression so long as the restriction is narrowly-tailored to serve significant government interest.
Symbolic Speech Expression
Clark v. Community for Creative Non-Violence; Symbolic expression is subject to reasonable time, place and manner restrictions if without reference to the content of the regulated speech, narrowly-tailored and leave ample alternative communication.
Public Employee Speech
Connick v. Myers; When a public employee speaks not as a citizen but as an employee upon matters of personal interest, and that speech may cause disruption in the employee's office, the First Amendment usually does not protect.
Prior Restraints On The Press
Near v. Minnesota; One of the chief purposes of the constitutional guarantee of freedom of the press is the prevention of impositions of prior restraints on the press.
The Pentagon Papers
New York Times Company v. United States; Prior restraints on expression are presumptively unconstitutional, and will only be permitted when the government meets the heavy burden of showing that the restraint is justified.
Right of Free Association
NAACP v. Alabama; Curtailment by the state of the fundamental right of free association will be found unconstitutional unless it is show to be necessary to the achievement of a compelling government interest.
Freedom of Association
Shelton v. Tucker; Abridging the right to freedom of association must be pursued by the most narrow means possible.
Least Restrictive Means for Personal Liberties
Gibson v. Florida Legislative Investigation Committee; Impinging on the right of free association, free speech, press and petition requires convincing showing of substantial relationship between restriction and overriding and compelling state interest.
Litigation as Political Expression
NAACP v. Button; When litigation is used as a form of political expression the government may limit it only if there is a compelling state interest.
Reporters Must Testify Before Grand Jury
Branzburg v. Hayes; The First Amendment freedom of the press does not protect news reporters from the obligation to testify before a grand jury.
Taxes Can Violate Free Speech
Minneapolis Star and Tribune Co. v. Minnesota Commissioner of Revenue; Differential treatment of the press causes a presumption of a purpose to suppress expression, so subject to strict scrutiny. Here a tax was struck down.
Freedom of Religion
Church of the Lukumi Babalu Aye v. City of Hialeah; Laws that restrict freedom of religious practice that are not of general application must be narrowly tailored to achieve an important and compelling governmental objective.
Free Exercise of Religion
Sherbert v. Verner; Denial of government funded benefits because of religious reasons to a person who is otherwise eligible unconstitutionally infringes on their right to free exercise of religion.
Religious Neutral Laws
Employment Division, Department of Human Resources v. Smith; Generally applicable, religion-neutral laws that have the effect of burdening a particular religious practice need no be justified by a compelling governemental interest.
Public School Accomodation of Religion
Zorach v. Clauson; When a public school accommodates religious practice, without supporting or promoting it in any way, such accomodation does not violate the Establishment Clause of the First Amendment.
School Prayer
Lee v. Weisman; Including religious or religion related topics in official public school functions is coercive in nature so violates the Establishment Clause of the First Amendment.
Teaching Religion in Schools
Edwards v. Aguillard; A law that promotes a particular religious doctrine in the public schools violates the Establishment Clause of the First Amendment.
Governmental Action And Establishment Clause
Lynch v. Donnelly; Governmental action that has either the purpose or effect of endorsing or disapproving a particular religion is in violation of the Establishment Clause of the First Amendment.
School Voucher And Tax Deductions
Meuller v. Allen; Provision of a neutrally applicable tax credit to parent of children attending elementary and secondary schools, whether public or private, sectarian or secular, to cover educational expenses does not violate the Establishment Clause.
Detain Aliens
Demore v. Kim; aliens may be detained pending removal deportation.
ACA
National Federation of Independent Business v. Sebelius; Obamacare; Affordable Care Act; Commerce Clause; health insurance; healthcare; individual mandate; minimum coverage; pre-existing conditions; premiums; Chief Justice Roberts.
Obamacare
National Federation of Independent Business v. Sebelius; Affordable Care Act; ACA; Taxation Clause; Congress authority to levy taxes; health insurance; healthcare; individual mandate; minimum coverage; pre-existing conditions; premiums.
Affordable Care Act
National Federation of Independent Business v. Sebelius; Obamacare; Medicaid expansion; Spending Clause; Congress spending power; Medicaid funding; health insurance; healthcare; individual mandate; pre-existing conditions; premiums.
Immigration Law
Arizona v. United States; Federal law preempts state law on immigration and alien registration laws; SB 1070; deportation; preemption; Congress Supremacy Clause; Uniform Rule of Naturalization.
Campaign Finance
Arizona Free Enterprise Club's Freedom Club PAC v. Bennett; Arizona Citizens Clean Elections Act; matching funds substantially burdens protected political speech without serving a compelling state interest and violates the First Amendment.
Censorship
Brown v. Entertainment Merchants Association; First Amendment rights for minors; strict scrutiny; violent video games; free speech; parental advisory; guardians; restriction; violence rating.
Church Group
Christian Legal Society Chapter of the University of California, Hastings College of the Law v. Martinez; discrimination at public university; First Amendment; expressive activity; pretext.
DNA Evidence
District Attorney's Office for the Third Judicial District v. Osborne; exonerating DNA testing; no post-conviction constitutional right to access DNA evidence; due process.
Political Speech
Holder v. Humanitarian Law Project; Free Speech; First Amendment; prohibiting provision of material support to foreign terrorist organizations does not ban pure political speech or prohibit independent advocacy or expression.
Religious Monument
Pleasant Grove City, Utah v. Summum; park is a traditional public forum, but the display of a monument is not expression to which forum analysis applies, and instead is a form of government speech not subject to Free Speech strict scrutiny.
Vicious Speech
Snyder v. Phelps; First Amendment; public concern; hate speech; homophobia; anti-gay slurs; public property protesters; picketers
Dog Fight
United States v. Stevens; First Amendment; dog fighting video legal; free speech; overbreadth doctrine; animal cruelty.
Civil Commitment
United States v. Comstock; Necessary and Proper Clause; confinement; mentally ill, sexually dangerous prisoners detained beyond the date of release; hold pedophile; child molestation; sentencing; Adam Walsh Child Protection and Safety Act.
Criminal Libel
Beauharnais v. Illinois; libel is not a constituionally protected speech; Free Speech; "clear and present danger" instruction to jury not required; racism; racist petition; slander.
Freedom Of Expressive Association
Boy Scouts of America v. Dale; BSA allowed to discriminate against homosexuals; gay or lesbian scout leader; First Amendment expressive associational right; freedom of expressive association; Eagle Scout; morally straight; LGBT.
Fighting Words
Chaplinsky v. New Hampshire; name-calling, epithets, personal abuse are not protected by the First Amendment; Constitution will not protect fighting words or hate speech; incite violence.
Adult Business Zoning
City of Los Angeles v. Alameda Books, Inc.; zoning ordinance prohibiting adult businesses to be in close proximity; adult book store; adult video; also applies to strip clubs.
Content Based Regulation of Speech
Collin v. Smith; neo-Nazi group may parade through Holocaust survivor town; Free Speech; peaceful expression of unpopular or racist views; ACLU; content-based restriction legislation.
Dred Scott
Dred Scott v. Sandford; slave could not become a citizen by living in the North; Constitution did not apply to the enslaved black African race; purchase freedom offer refused; diversity jurisdition.
Content Based Restriction
Erznoznik v. Jacksonville; content restriction; First Amendment; time, place, and manner restriction; drive-in movie; obscenity; offensive speech; appeals to a prurient interest in sex; Free Speech.
New York Times Standard
Gertz v. Robert Welch, Inc.; defamation; libel; freedom of speech; freedom of press; public figure; public official; public interest; private individual; defamatory falsehood; First Amendment; Free Speech.
Terrorist Free Speech
Holder v. Humanitarian Law Project; prohibiting the provision of material support to foreign terrorist organizations does not ban pure political speech or prohibit independent advocacy or expression of any kind; it prohibits material support; Free Speech; First Amendment.
Private Parade
Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston; private group parade in public place; discrimination based on sexual orientation; Free Speech; First Amendment; expression.
Parody Public Figure
Hustler Magazine v. Falwell; public figure or public official may not recover for intentional infliction of emotional distress due to parody publication without actual malice; Free Speech; First Amendment; invasion of privacy.
Child Pornography Law
New York v. Ferber; adult books and adult videos with children are not protected by the First Amendment or Free Speech; no redeeming value and obscenity standard does not apply; sexual exploitation of minors.
Phone Sex Regulations
Sable Communications, Inc. v. FCC; pornography on telephone; sex talk; sexual messages; prurient interest; explicit; indecent; obscene; FCC regulations; Free Speech; First Amendment.
Stolen Valor Act
United States v. Alvarez; crime to falsely claim having received military decorations or medals; no exception to the First Amendment or Free Speech for false statements; content-based restrictions require most exacting scrutiny.
Farming Interstate Commerce
Wickard v. Filburn; Agricultural Adjustment Act; interstate commerce applies to home grown foods; Congress can regulate food consumed by grower.
Adult Theater Zoning
Young v. American Mini Theatres; local ordinance zoning adult business; First Amendment; Free Speech; offensive speech; sexual content; obscenity; indecency.
Marbury v. Madison
Judiciary act, power to declare unconstitutional, appellate jurisdiction, mandamus, original jurisdiction.
Church Group
Christian Legal Society Chapter of the University of California, Hastings College of the Law v. Martinez; discrimination at public university; First Amendment; expressive activity; pretext.
Goodridge v. Department of Public Health
Same-sex partners are entitled to the benefits, liabilities, and obligations of civil marriage; gay rights; due process; equal protection; Massachusetts constitution.
Texas v. Johnson
Burning the American flag, freedom of expression, first amendment, symbolic speech.
Purient Interests
Roth v. United States; When an average person applying contemporary community standards feels that the dominant theme, taken as a whole, appeals to purient interests, the government can regulate the material as obscene. Pornography.
Political Question Doctrine
Massachusetts v. Environmental Protection Agency, states can sue over global warming, case or controversy requirement. Environmental attorney. Damage to the environment.
City of Renton v. Playtime Theaters, Inc.
Zoning ordinances may target secondary effects of speech without offending the first amendment, free speech, content based restriction.
Constitutional Law
Rosenberger v. Rector and Visitors of the University of Virginia; Viewpoint-based distinctions in public spending violate the First Amendment; Establishment Clause.
Ban on Same Sex Marriage
Perry v. Brown; Proposition 8; the U.S. Constitution requires a legitimate reason for the passage of a law that treats different classes of people differently; descrimination against gays and lesbians is not a legitimate purpose.