Quotable Quotes
Doctrines and Tests
Freaky Facts
The Justices
Grab Bag
100
“It is emphatically the province and duty of the judicial department to say what the law is.”
What is Marbury v. Madison?
100
This doctrine leads courts to decide statutory questions first.
What is constitutional avoidance?
100
Police raided their home at night and arrested them for violating the Racial Integrity Act.
Who are the Lovings?
100
This Justice clerked for Justice Rehnquist.
Who is Justice Roberts?
100
This adjective describes a law that sweeps in more than necessary to address the problem.
What is overinclusive?
200
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
What is the 9th Amendment?
200
It means to stand by things decided.
What is stare decisis?
200
Houston police responding to weapons disturbance report found this man in bed with his partner.
Who is Lawrence?
200
This justice litigated for the NAACP.
Who is Justice Marshall?
200
Where Congress is silent and the distribution of power is uncertain or where vampires hang out.
What is the zone of twilight?
300
“Although activities may be intrastate in character when separately considered, if they have such a close and substantial relation to interstate commerce that their control is essential or appropriate to protect that commerce from burdens and obstructions, Congress cannot be denied the power to exercise that control.”
What is NLRB v. Jones & Laughlin Steel?
300
“The object of the amendment was undoubtedly to enforce the absolute equality of the two races…, but, in the nature of things, it could not have been intended to abolish distinctions based upon color, or to enforce … a commingling of the two races….”
What is separate but equal doctrine?
300
Parents’ objections to this book about a wandering canine ended up in the Supreme Court.
What is Pride Puppy?
300
Despite their opposing ideological leanings, these two Justices attended the opera together.
Who are Ginsburg & Scalia?
300
These cases held that the rights in the Bill of Rights are not privileges and immunities of national citizenship.
What are the Slaughter-House Cases?
400
“The dissents overlook the more likely prospect of an Executive Branch that cannibalizes itself, with each successive President free to prosecute his predecessors, yet unable to boldly and fearlessly carry out his duties for fear that he may be next.”
What is U.S. v. Trump?
400
Fundamental to our scheme of ordered liberty and deeply rooted in the nation’s history and tradition.
What is the test for fundamental rights incorporated against the states via the 14th A DP Clause?
400
In this case, the Court said that making bakers work long hours doesn’t affect the quality of bread.
What is Lochner?
400
These two Justices share names with popular summer BBQ foods.
Who are Frankfurter and Burger?
400
This is where the Supreme Court suggested that prejudice against discrete and insular minorities should get heightened judicial scrutiny if it interferes with political processes that would otherwise protect those minorities.
What is Carolene Products footnote 4?
500
“We must never forget that it is a constitution we are expounding.”
What is McCulloch v. Maryland?
500
These kinds of laws don’t trigger strict scrutiny under the Free Exercise Clause.
What are neutral laws of general applicability?
500
The Court was writing about this Trump Executive Order when it overruled Korematsu in 2018.
What is the Muslim Travel Ban?
500
The Great Dissenter whose half-brother was born a slave.
Who is Justice Douglas?
500
Justice Roberts, writing for the Court, referred to this as “economic dragooning that leaves the states no real option.”
What is the Medicaid expansion provision in the Affordable Care Act?