History Quiz / Con Law 1

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Can you name the court case?

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What It's AboutCourt Case
1833: In a 7-0 decision concerning Rights Under the Constitution, Justice Marshall leads the court in finding that the Bill of Rights applies only to the federal government.
1937: In an 8-1 decision, Cardozo finds that 'implicit in the concept of ordered liberty' are fundamental rights that apply both to states and the fed. gov't. Introduces concept of
1866: Davis leads the court in finding that the Constitution can never be suspended. Emergency, war powers are a lie.
1944: Black leads the court in ruling that the Constitution allows for war powers. (6-3 decision)
1905: The court finds that individual liberty must sometimes be subject to the common welfare. Legitimate use of police power.
1905: Peckham leads the court in finding that the liberty of contract is a significant human liberty and calls for intermediate scrutiny regarding laws against it.
1923: The court holds that the liberty to teach and engage a teacher is part of the Constitution, and that 'mere knowledge of the German language' is not harmful.
1937: Hughes leads the court in holding that the Con. does not speak of liberty of contract and liberties aren't absolute. Something done in public interest largely satifies 'due p
1955: Douglas greatly defers to legislature. Laws don't have to be logical in every respect. Rational basis = due process. People must resort to polls...
1938: Footnote 4 establishes that stricter scrutiny may be used when a law looks like it violates a specific Con. provision or affects relious, 'discrete and insular' minorities.
1954: The court concludes that, if a statute serves a public purpose, it satisfies the public use requirement of takings clause. Huge deference to legislature.
1984: Rational basis is used in the loosest sense, with great deference to legislature, to justify the actions of Hawaii's gov't. Confirms Berman v. Parker.
2005: Stevens confirms Berman v. Parker, that public purpose is as good as public use.
1992: The court confirms the precedent that 'just compensation' does not have to be given for takings for 'harmful and noxious' uses.
1987: Scalia returns to intermediate scrutiny to find a law to be an illegitimate takings.
1919: Holmes introduces the 'Clear and Present Danger' test for speech cases. It is a 'question of proximity and degree.'
What It's AboutCourt Case
1925: The court holds that, if speech is calling for real action, it can be restricted whether it's successful or not.
1959: Harlan rules that Congress holds the power to force one to speak b/c it aids the legislature in protecting important gov't. interests. However, private/public interests mut b
1969: Court concludes that states cannot forbid advocacy unless it produces imminent lawless action. (9-0 opinion)
1989: Brennanthat this amounts to a content restriction and is therefore unconstitutional. The O'Brien Test is applied.
2000: Stevens rules that the law is not a regulation of speech but of where certain types may occur.
1931: Hughes rules that the constitution prohibits prior restraint. Statute amounts to suppression. Exceptions for obscenity/national security.
1973: The Burger Court introduces a new rule about obscenity. It develops 3 vague criteria for determining what obscenity is.
2000: Rehnquist rules that the Scouts, through freedom of associaton in the 1st Amend., have the right to restrict their adult membership. The majority hesitates to tell orgs. what
The court upholds ban on soft money, restrictions on issue ads by corp. and unions, and to uphold record-keeping requirements for broadcasters.
1997: Stevens holds that the law is too vague and has a 'chilling' effect on speech, and hints that adults have a 'right to obscene speech.'
1947: First case to incorporate Establishment Clause. Also defines the clause as a separation of church and state. Black sets standard of absolute neutrality and separation.
1971: Burger Court creates the 'Lemon Test,' a 3-pronged criteria for determining establishment clause cases.
1985: Stevens uses the Lemon Test to determine a case fails the 'secular purpose' prong.
1992: In a 5-4 decision led by Kennedy, the court applies the establishment clause to public actions other than legislation.
1803: C.J. John Marshall establishes the concept of judicial review.

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