Review Cumulative Test Chapter & 4

What is the “good-faith exception” to the exclusionary rule?

For example, when a search for illegal weapons turns up drugs. Illegally obtained evidence (drugs) can sometimes be admitted in trials if the procedural errors are inadvertent or if the prosecution can show that it would have discovered the evidence anyway

SUPREME COURT CASE The Death penalty, as judged by the Supreme Court. How or what has it used to pass judgement?

SUPREME COURT CASE The Death penalty, as judged by the Supreme Court. How or what has it used to pass judgement? There is no inference, either direct or indirect within the Constitution

A key precept of our liberty is

That it is limited by the liberty of others

When the Bill of Rights were first created, the people were protected from whom?

Intrusion by the Federal government, protection from State governments did not happen until the Fourteenth Amendment

SUPREME COURT CASE In all cases where prayer in school is the issue, what constitutional concept do the justices use as a measure?

SUPREME COURT CASE In all cases where prayer in school is the issue, what constitutional concept do the justices use as a measure? The idea of the Wall of Separation between church and state

What is elitism?

The idea that power in America is held by a few organizations. Usually, they have the money and people in place to effect the change they so desire.

What does the Fourth Amendment say?

Protection from unreasonable search and seizure Probable cause is needed to get a search warrant

SUPREME COURT CASE Texas v. Johnson (1984)

SUPREME COURT CASE Texas v. Johnson (1984) Johnson burned US flag in protest of Regan’s policies Arrested, 2000 dollar fine 5-4 decision, desecrating the flag as an act of protest is an act of expression protected by the First Amendment

What does the Fifth Amendment say?

Serious federal criminal charges be started by a grand jury protection from Double Jeopardy Right not to incriminate yourself Right to due process under the law

The test that the Supreme Court uses to determine if someone’s free speech should be restricted because it might harm national security.

The clear and present danger test

SUPREME COURT CASE The idea that the Bill of Rights, while never actually mentioning the idea of a zone of personal privacy, this idea is implied, was the basis for which Supreme Court case?

SUPREME COURT CASE The idea that the Bill of Rights, while never actually mentioning the idea of a zone of personal privacy, this idea is implied, was the basis for which Supreme Court case? Roe v. Wade

What does the Sixth Amendment say?

You have a right to a jury trial Also, a speedy trial that is also public To be informed of your criminal charges To be confronted by witnesses To have the assistance of counsel

What does the Eighth Amendment say?

No excessive bail and protection from cruel and unusual punishment

SUPREME COURT CASE Which landmark case involved involuntary confessions and statements made by a defendant, while under police protection?

SUPREME COURT CASE Which landmark case involved involuntary confessions and statements made by a defendant, while under police protection? Miranda v. Arizona

Probable Cause is

when the police have solid evidence that evidence is within a structure, or a criminal is within the residence, and is what they need to obtain a search warrant.

What are examples of DEVOLUTION?

State and federal governments working together on projects, grants to states with fewer restrictions on spending, federal mandates that come with money to fulfill the requirements, money to aid states in Medicaid expenditures

Brandenburg v. Ohio 1969

KKK member said during rally of like-minded ignorant morons, that revenge might be taken if the government continued to suppress the white race Convicted under Ohio law Reverse the decision, First Amendment prohibits a state from suppressing speech that advocates the unlawful use of force, “except where such advocacy is directed to incite or produce imminent lawless action, and is likely to produce such action”

Article V of the Constitution provides for

making an amendment to the Constitution To Propose… –2/3’s vote of both Houses –2/3’s of state legislatures calling a special convention To ratify: –3/4ths of state legislatures or state conventions

This is the concept that gives the government power to enact laws necessary to carry out its enumerated powers.

Implied powers

SUPREME COURT CASE The first use of the Supremacy clause in the Constitution occurred in which case?

SUPREME COURT CASE The first use of the Supremacy clause in the Constitution occurred in which case? McCulloch v. Maryland

What kinds of symbolic speech has been forbidden by the Supreme Court?

Destroying active government documents

What kind of government has all the power in the hands of the federal government?

A Unitary system

New York Times v. United States (1971)

The Pentagon Papers Nixon Administration sued to block publication of a secret government analysis of US policy decisions on the Vietnam War Claimed it would damage the War Effort Decision: Prior restrains (prohibiting information from being published) are almost never valid. The government needed to strongly justify any abridgement of a papers freedom of the press.

What are enumerated powers?

Powers that the federal government have, that are explicitly spelled out in the Constitution

What is the principle behind the Electoral College

Electors are decided other than by popular vote (each state selects Electors on their own), these electors vote for the President, and are not selected by the public

Dred Scott v Sandford. What was the ruling?

Slaves were property, invalidated the Missouri Compromise, and they were not citizens and lacked standing in a federal court

What did the Tenth Amendment say?

It gave all the rights not specified in the Constitution or Bill of Rights to the state, called reserved power

What did the Ninth Amendment say?

It is our Constitutional Safety Net, that just because a right is not specified in the Bill of Rights or Constitution, doesn’t mean they do not exist, or that we the people are not entitled to them.

Gitlow v. New York (1925)

Extended the First Amendment’s freedom of speech & press to the states, via the Fourteenth Amendment Following the first “Red Scare” (remember Sacco * V?) Gitlow, a socialist, published “Left Wing Manifesto”, convicted of trying to overthrow the government Conviction upheld, since it advocated the overthrow Used the “clear & present danger” test O.W. Holmes (author of c & p test) dissented, saying Gitlow presented no danger, because only a few held the same views, and his call for overthrow was in the future.

What does Article VI of the Constitution provide for?

When state laws conflict with federal laws, Federal laws rule the day Often called the “supremacy clause” This prioritizing of federal laws over state laws is called “doctrine of preemption”

What are fighting words ?

Words uttered with the clear intention of inciting disorder

Near v. Minnesota (1931)

First Amendment applied to the states via the Fourteenth Amendment The first great “Press” case Minnesota “Gag Law” silenced a paper, because “malicious, scandalous, and inflammatory content”. Decision: the statute was a violation of the Freedom of the Press. Did not cite the First Amendment, but instead the Fourteenth Amendment First instance of using the Fourteenth Amendment to apply Freedom of the Press to state laws.