constitutional Law fundamental rights at Universität Bochum

Flashcards and summaries for constitutional Law fundamental rights at the Universität Bochum

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Study with flashcards and summaries for the course constitutional Law fundamental rights at the Universität Bochum

Exemplary flashcards for constitutional Law fundamental rights at the Universität Bochum on StudySmarter:

What are fundamental rights?

Exemplary flashcards for constitutional Law fundamental rights at the Universität Bochum on StudySmarter:

Where are the f.r. regulated?

What is the bill of rights 

Exemplary flashcards for constitutional Law fundamental rights at the Universität Bochum on StudySmarter:

Who limited the rights? 

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Exemplary flashcards for constitutional Law fundamental rights at the Universität Bochum on StudySmarter:

what is the precedent of Marbury v Madison ?

Exemplary flashcards for constitutional Law fundamental rights at the Universität Bochum on StudySmarter:

Why is M v M the precedent for all decisions in which the court decides over unconstitutionality? 

Exemplary flashcards for constitutional Law fundamental rights at the Universität Bochum on StudySmarter:

Where is the freedom of speech enshrined?

Exemplary flashcards for constitutional Law fundamental rights at the Universität Bochum on StudySmarter:

Which test it used in Schenck v US?

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Exemplary flashcards for constitutional Law fundamental rights at the Universität Bochum on StudySmarter:

Can an action be speech? And which decision is important here?

Exemplary flashcards for constitutional Law fundamental rights at the Universität Bochum on StudySmarter:

From which decision is the „the clear and present danger doctrine”? Which year?

Exemplary flashcards for constitutional Law fundamental rights at the Universität Bochum on StudySmarter:

Can an action be speech? 

Which decision? Which action was that here?

Exemplary flashcards for constitutional Law fundamental rights at the Universität Bochum on StudySmarter:

Why does this always go to the SC?

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Exemplary flashcards for constitutional Law fundamental rights at the Universität Bochum on StudySmarter:

requirements for a states/ governmental regulation which infringes a fundamental right to be constitutional with the o'brien test

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Exemplary flashcards for constitutional Law fundamental rights at the Universität Bochum on StudySmarter:

constitutional Law fundamental rights

What are fundamental rights?

(subjective) individual rights (for each citizen of the US) vis a vis the state 


constitutional Law fundamental rights

Where are the f.r. regulated?

What is the bill of rights 

Derive from the constitution, bill of rights and binding decisions


Bill of Rights are the first 10 amendments all enacted at the same time entail most fundamental rights


constitutional Law fundamental rights

Who limited the rights? 

Ultimately the court decides whether a certain limitation is warranted through the so-called scrutiny tests


constitutional Law fundamental rights

what is the precedent of Marbury v Madison ?

This decision established judicial review 

Judicial review is the power of the court to declare legislative enactment void because they are contradictory / incompatible to the constitution -> John Marshall wrote this decision 


constitutional Law fundamental rights

Why is M v M the precedent for all decisions in which the court decides over unconstitutionality? 

because in these cases the courts make use of their right and duty to declare unconstitutional statutes void 


constitutional Law fundamental rights

Where is the freedom of speech enshrined?

Freedom of speech is enshrined in the first amendment 


constitutional Law fundamental rights

Which test it used in Schenck v US?

Clear and present danger test 

constitutional Law fundamental rights

Can an action be speech? And which decision is important here?

Schenck v US from 1919 


Leaflets are speech? Yes written words 

constitutional Law fundamental rights

From which decision is the „the clear and present danger doctrine”? Which year?

Schenck v US from 1919 


constitutional Law fundamental rights

Can an action be speech? 

Which decision? Which action was that here?

Texas v Johnson 1989 


yes action can be protect by the freedom of speech 


burning a flag

constitutional Law fundamental rights

Why does this always go to the SC?

When a federal statute is at issue its federal jurisdiction and the SC is the last instance 

constitutional Law fundamental rights

requirements for a states/ governmental regulation which infringes a fundamental right to be constitutional with the o'brien test

(1) it is within a constitutional power of the government (the government needs to be empowered to act) 

For example in Art 1 section 8 the constitution named the power of the government / legislative


(2) it needs to further an important or substantial governmental interest 

What is substantial or important interest? 


(3) The act is unrelated to the fundamental right - only infringes by chance 


(4) balance : if the incidental restriction on alleged Amendment freedoms is no greater than is essential to the furtherance of that governmental interest

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