Civil Rights and Civil Liberties Flashcards

In Zadvydas v. Davis (2001), the Supreme Court ruled that the government cannot detain a deportable alien indefinitely post-removal order. Which constitutional provision was central to the Court's reasoning?

Answer: The Fifth Amendment's Due Process Clause

The Court relied on the Fifth Amendment's Due Process Clause, which protects liberty interests for all 'persons' within U.S. territory, not just citizens. Indefinite detention without meaningful review raised serious due process concerns, leading the Court to read a 'reasonable time' limitation into the statute.

The 'unconstitutional conditions doctrine' holds that the government may not condition a benefit on the waiver of a constitutional right. Which Supreme Court case BEST illustrates this doctrine in the context of public employment?

Answer: Keyishian v. Board of Regents (1967)

Keyishian v. Board of Regents struck down New York's loyalty oath requirements for public employees, holding that the government cannot condition public employment on the surrender of First Amendment rights. It firmly established that the government cannot use employment as leverage to suppress constitutionally protected beliefs or associations.

Under the 'state action doctrine,' private conduct generally does not trigger constitutional protections. Which of the following scenarios would MOST likely constitute state action subject to constitutional scrutiny?

Answer: A private company operating a company town exercising police-like authority over residents

In Marsh v. Alabama (1946), the Supreme Court held that a private company operating a company town so thoroughly performs governmental functions that its restrictions on speech are subject to constitutional limits. The 'public function' exception to the state action doctrine applies when a private entity exercises powers traditionally exclusive to the government.

Florida's Constitution contains a 'right of privacy' explicitly in its Declaration of Rights (Art. I, § 23). How does this provision differ from the federal constitutional right to privacy recognized in Griswold v. Connecticut?

Answer: Florida's right is textually explicit and has been interpreted more broadly than the federal implied right

Unlike the federal right to privacy — which the Supreme Court derived from penumbras of various Bill of Rights guarantees — Florida's privacy right is explicitly stated in the state constitution. Florida courts have interpreted this express provision more broadly, extending it to areas like abortion access, drug testing, and informational privacy in ways that go beyond federal constitutional minimums.

The Supreme Court's decision in Rumsfeld v. Forum for Academic and Institutional Rights (FAIR) (2006) addressed a conflict between First Amendment rights and federal funding conditions. What was the core holding?

Answer: Congress could condition federal funding on law schools providing equal access to military recruiters without violating the First Amendment

The Court unanimously held that the Solomon Amendment — which conditioned federal funding on equal recruiter access — was a valid exercise of congressional spending power and did not violate the First Amendment. Requiring law schools to facilitate military recruiting was conduct regulation, not compelled speech, and the funding condition was constitutional even if law schools disagreed with military policy.

Which scenario CORRECTLY applies the 'incorporation doctrine' as it has been developed through Supreme Court jurisprudence?

Answer: The Second Amendment's individual right to keep and bear arms applies to state and local gun regulations

In McDonald v. City of Chicago (2010), the Supreme Court incorporated the Second Amendment against the states via the Fourteenth Amendment's Due Process Clause, meaning state and local governments cannot infringe the individual right recognized in District of Columbia v. Heller. By contrast, the grand jury indictment clause (5th Amend.), the civil jury right (7th Amend.), and the Third Amendment have NOT been incorporated against the states.