Ch’s 4-5 Test Review

Is it a violation of the Establishment Clause of the First Amendment to post the ten commandments in a public school setting. Yes. The SCOTUS ruled in 1980 in Stone vs. Graham that State of Kentucky’s requirement that all schools post the ten commandments in each classroom violated the Establishment Clause because it lacked a non-religious, legislative purpose.

A 1919 SCOTUS decision upholding the conviction of a socialist who urged resistance to the draft during WWI. Justice Holmes declared that government can limit speech if the speech provokes a “clear and present danger” of substantive evils. Schenk v. United States

This SCOTUS case ruled that plural marriage or polygamy was illegal despite the plaintiff’s claim that it should be allowed due to the Free Exercise Clause of the First Amendment. . Reynolds vs. U.S., 1878

1973 Supreme Court decision holding that community standards be used to determine whether material is obscene, defined as appealing to a “prurient interest” being “patently offensive,” and lacking in “serious literary, artistic, political, or scientific value.” Also, it ruled that distribution of obscene materials did not enjoy First Amendment protection. (Prurient Interest means a morbid, degrading and unhealthy interest in sex, as distinguished from a mere candid interest in sex). Miller v. California

Santa Fe Independent School District v. Doe 2000 Overturned Texas law allowing high school students to read a prayer at athletic events such as football games Santa Fe Independent School District v. Doe 2000

Abbington School District v. Schempp - 1963 Struck down Pennsylvania law requiring the reading of a bible passage at the beginning of each day. Abbington School District v. Schempp - 1963

If tax $ are used to fund private/religious schools, they must: 1 If tax $ are used to fund private/religious schools, they must: 1. Must have a secular legislative purpose - clear 2. Cannot advance or inhibit religion - clear 3. Cannot foster an excessive government entanglement with religion – vague Lemon vs. Kurtzman, 1971

What are the three levels of scrutiny required for the SCOTUS to declare discrimination legal. (Ordinarily, this would violate the Equal Protection Clause of the 14th Amendment). 1. Strict Scrutiny Test 2. Intermediate Scrutiny Test. 3. Rational Basis Test

  Cases involving - Race, ethnicity, creed, or national origin.   The Test: 1. Is unequal treatment justified by a “compelling government interest.” 2. Is unequal treatment the “least restrictive” option.   If yes to both, then discrimination is legal   If no to either, then discrimination is illegal. Strict Scrutiny Test

Cases involving age, economic status or other criteria. The Test:. 1 Cases involving age, economic status or other criteria. The Test: 1. Is the law rationally related to furthering a legitimate government interest. 2. Does the policy avoid “arbitrary, capricious, or deliberate” discrimination. If yes to both, then discrimination is legal. If no to either, then discrimination is illegal. Rational Basis Test

Intermediate Scrutiny Test Cases involving sex or gender inequality. The Test: 1. Is the discriminatory policy substantially related to an “important government objective?” 2. Is the discrimination “no greater than necessary” to achieve this objective.   If yes to both, then discrimination is legal.   If no to either, then discrimination is illegal. Intermediate Scrutiny Test

The _____________ ___________ test requires the burden of proof to be on the person challenging the law. Rational Basis

First Amendment 5 Basic Freedoms R: Religion A: Assembly P: Press P: Petition S: Speech

Man was denied admission Univ Man was denied admission Univ. of Texas Law School because of race – courts ruled that this violated Equal Protection of 14th Amendment. Ended separate but equal in professional schools and played a role in Brown v. Board of Education. Sweatt v. Painter, 1950

1896 SCOTUS decision that provided a constitutional justification for segregation by ruling that a Louisiana requiring “equal but separate accommodations for the white and colored races was constitutional. Plessy V. Ferguson

This act struck down the literacy test This act struck down the literacy test. The act also authorized the Justice Department to send federal registrars and observers to the South to register black voters and to guarantee the fairness of local and state elections. Finally, the Voting Rights Act required states to submit any changes in their voting laws and procedures to the Justice Department or to the federal district court in Washington, D.C., for approval. Also, ended the Literacy Test. Voting Rights Act of 1965

1989 SCOTUS Case which struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the 1st Amendment. Texas v. Johnson

What did Gideon v. Wainwright, 1963 establish? The 6th Amendment right to counsel in a criminal case applies to the states.

The Bill of Rights don’t apply to the states. Barron v. Baltimore, 1833

Substantive Due Process in the 14th Amendment This involves whether a law exceeds the government’s authority. In which amendment is this concept found. It is also the key for Selective Incorporation. Substantive Due Process in the 14th Amendment

Non-Verbal speech such as burning a flag (1989 Texas v Non-Verbal speech such as burning a flag (1989 Texas v. Johnson) or wearing an armband (1969 Tinker v. Des Moines). The Supreme Court has ruled that such speech is protected by the 1st Amendment. Symbolic Speech

Americans believe both in equality of opportunity and outcome. False. Only equality of opportunity.

5th Amendment Miranda v. Arizona, 1966 No one may be compelled to testify against him/herself. Which amendment? Which SCOTUS Case required that police inform suspects of their right to remain silent. 5th Amendment Miranda v. Arizona, 1966

Selective Incorporation The application of the Bill of Rights to the states via the Due Process Clause of the 14th Amendment. Selective Incorporation

In Lemon vs. Kurtzman, 1971, the SCOTUS ruled that if tax dollars are used to fund private/religious schools, they must: 1. Have a secular legislative 2. Cannot advance or inhibit religion 3. Cannot foster an excessive government entanglement with religion

The constitutional and other legal protections against government actions which are set down in the Bill of Rights. Involves individual rights. Civil Liberties

Unreasonable Searches and Seizures Obtaining evidence in an unlawful manner, a practice prohibited by the 4th Amendment. The police must have probable cause or a search warrant in order to make a legal and proper search for and seizure of incriminating evidence and seize such evidence. AKA Exclusionary Rule. Unreasonable Searches and Seizures

No “cruel and unusual punishment.” 8th Amendment

Wisconsin could not require Amish parents to send their children to public school beyond 8th grade because it would violate long held religious beliefs Wisconsin v. Yoder 1972

4th Amendment. Exclusionary Rule - Mapp v. Ohio, 1961. Obtaining evidence in a haphazard or random manner without a proper warrant violates the ______ Amendment. Which rule does this involve? Also, which SCOTUS Case incorporated the 4th Amendment to the states. 4th Amendment. Exclusionary Rule - Mapp v. Ohio, 1961.

Establishment Clause: What are the two clauses involving Freedom of Religion and what do they involve? Establishment Clause: “Congress shall make no law respecting an establishment of religion” Free Exercise Clause: “Congress shall make no law…prohibiting the free exercise [of religion]”

Is the Equal Protection Clause of the 14th Amendment an absolute guarantee? No, discrimination may occur under certain situations if there is a compelling government interest and certain tests are met. For example, the Strict Scrutiny, Intermediate Scrutiny, and Rational Basis Tests.

What did the following SCOTUS Cases involve? 1. Engle v. Vitale, 1962 2. Abbington School District v. Schempf, 1963. Engle v. Vitale, 1962: Outlawed school prayer. Abbington: Outlawed Bible verses read at the start of school.

Brown v. Board of Education 1954 SCOTUS decision holding that school segregation is inherently unconstitutional because it violates the 14th Amendment guarantee of equal protection. This case outlawed segregation in public schools. Brown v. Board of Education

Supreme Court held that distribution of obscene materials did not enjoy First Amendment protection. Miller v. California, 1973

1857 SCOTUS decision ruling that a slave who had escaped to a free state enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories. Dred Scott v. Sanford

The Supreme Court recognized the freedom of the press rejecting prior restraints on publication. Prior restraint is suppression of publication on the grounds that it might be libelous or harmful. Near v. Minnesota, 1931

Communication in the form of advertising which can be restricted more than other types of speech. Commercial Speech

A legislative act that singles out an individual or group for punishment without a trial (death penalty for treason or other felony). Bill of Attainder

These three amendments were passed after the Civil War. 13th, 14th, and 15th.

Women gain right to an abortion in 1st trimester Women gain right to an abortion in 1st trimester. Which amendment was involved? What issue? Roe v. Wade, 1973. 9th Amendment. Right to privacy. After the first trimester, abortions were only allowed to protect the mother’s life.

Policies designed to protect groups against arbitrary or discriminatory treatment by government officials orindividuals. Civil Rights

Applied the 6th Amendment right to counsel (lawyer) to the states. Gideon v. Wainwright, 1963

A policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group. Affirmative Action

This act outlawed segregation in public places/accomodations and discrimination in hiring based on race, color, national origin, religion, or gender. Civil Rights Act of 1964

This is not specifically mentioned in the Constitution, but in Griswold v. Connecticut, 1965, Justice Goldberg interpreted the Ninth Amendment as justification for broadly reading the Bill of Rights to protect ______. The "enumeration of certain rights" in the Bill of Rights "shall not be construed to deny or disparage other rights retained by the people.“ (9th Amendment “Unenumerated Rights”) Privacy

Equal Protection of the laws Part of the 14th Amendment emphasizing that the laws must provide equivalent “protection” to all people. Equal Protection of the laws

The Constitutional Amendment adopted after the Civil War which states “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S.; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the law.” It is the first and only part of the Constitution to evoke the idea of equality. 14th Amendment

The law making racial discrimination in public accommodations illegal The law making racial discrimination in public accommodations illegal. It forbade many forms of discrimination. It also strengthened voting rights. Civil Rights Act of 1964

Griswold v. Connecticut, 1965 The Constitution implies a right to privacy in matters of contraception between married people. Though it doesn’t explicitly protect a general right to privacy, various guarantees within the BOR create penumbras, or zones, establishing a right to privacy. Together, the 1st, 3rd, 4th, and 9th Amendments, create a new constitutional right, the right to privacy in marital relations. Griswold v. Connecticut, 1965

Amendment that protects individuals accused of crimes Amendment that protects individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial. Which SCOTUS case incorporated the 6th Amendment to the states? 6th Amendment

The constitutional amendment passed in 1964 which eliminated the poll tax.. 24th Amendment

A policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group. Affirmative Action

A law designed to end formal and informal barriers to African-American suffrage. Under the law, hundreds and thousands of African-Americans registered to vote, and the number of African-American elected officials increased dramatically. Voting Rights Act of 1965

1. Brown v. Board of Education, 1954 This case ended segregation in public schools. The SCOTUS ruled that school segregation violated ____________ of the ___ Amendment. Which prior SCOTUS Case did it overrule in terms of education? 1. Brown v. Board of Education, 1954 2. Equal Protection Clause of 14th Amendment 3. Plessy v. Ferguson, 1896

Incorporation Doctrine The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of it applicable to the states through the 14th Amendment. Which SCOTUS case was the first to apply the BOR to the states? Incorporation Doctrine

You must be brought before the court and informed of charges against you. This has been suspended in times of war. Writ of Habeas Corpus

Poll Taxes Literacy Test Grandfather Clause Jim Crow Laws Small fees levied on the right to vote. These and the _______ _____, and the __________ ________ were used by most Southern states to exclude African-Americans from voting. Collectively, these were known as ____ _______ _____. Poll Taxes Literacy Test Grandfather Clause Jim Crow Laws

Univ. of California V. Bakke, 1978, Lyndon Baines Johnson Racial quotas are unconstitutional for college acceptance, but allowed race to be used as a “plus factor” in efforts to increase diversity on campuses. However, the SCOTUS also said that affirmative action admissions could have caused “reverse discrimination.” Also, which president began Affirmative Action. Univ. of California V. Bakke, 1978, Lyndon Baines Johnson

1. Civil Rights. 2. Civil Liberties _____ ______ are legal actions that the government takes to create equal conditions for all people.  ______ ______ are protections for individuals against government actions. For example, the First Amendment of the Bill of Rights guarantees U.S. citizens the freedom of religion. These protections flow from the U.S. Constitution. 1. Civil Rights. 2. Civil Liberties

Originally, the Bill of Rights restricted the power of the _________ government and did not apply to the _______. national; states

Procedural Due Process in the 5th Amendment This involves due process in legal and court matters. In which amendment is this concept found. Procedural Due Process in the 5th Amendment

Which Landmark SCOTUS Case involved the Establishment Clause and eliminated school prayer? Engle vs. Vitale, 1962