Transcript Slide 1

What was the Bill of Rights
originally intended for?
To protect citizens against the
actions of the federal
government
Identify three key types of
federal officials that are
appointed by the President.
SC Justices, ambassadors,
cabinet members
How likely is the Supreme Court
to hear a case that is being
appealed from a lower court?
Not very likely, the SC only hears
roughly 1% of all appealed
cases
What SC decision established a
precedent for judicial review?
Marbury v. Madison
What is original jurisdiction?
appellate jurisdiction?
original means that you’re the
first court to hear the case,
appellate means that you’ll hear
the case if it is appealed
Who has the ultimate appellate
jurisdiction?
the Supreme Court
What case made segregation
legal in the U.S.? what case
reversed it in 1954?
Plessy v. Ferguson, Brown vs.
the Board
Who has the power to declares
laws/acts unconstitutional?
Judicial Branch/Supreme Court
The five basic provisions of the
first amendment are:
Freedom of Religion, Assembly,
Press, Petition & Speech
RAPPS
What did the 14th Amendment
do?
guaranteed citizenship rights to
all citizens
Who sets the # of justices on
the Supreme Court? How many
justices are there? How long can
each justice serve?
Congress, 9, life
What did New Jersey v. TLO say
about search and seizure in
schools?
schools can search you for a
lesser reason than the police
can
What is the current decision on
mandatory school prayer?
it’s illegal
When can religious practices be
limited?
when they violate criminal laws
What is the current precedent
decision regarding abortion?
What does it say?
Roe v. Wade, states can’t outlaw
abortion
What is defamatory speech? Is
it protected by the 1st
amendment?
speech that damages another
person’s good name or
character, no
What is the most common way
for interest groups to lobby the
courts?
Amicus curiae briefs
What SC decision made
segregation legal? Based on
what doctrine?
Plessy v. Ferguson; separate but
equal
What is the significance of stare
decisis?
Means “let the decision stand” &
forms basis for why courts will
honor precedents (and will be
reluctant to overturn them)
What is the usual method used
when someone is appealing a
case to the SC? How often are
these granted by the SC?
petition for a writ of certiorari
(has to be accepted by 4
justices); less than 5% of the
time
What is the most current SC
interpretation of the death
penalty?
It is legal, and not cruel and
unusual punishment (not all
states use it)
What law was designed to
specifically enforce the intent of
th
the 15 Amendment? What has
been its legacy?
Voting Rights Act of 1965;
greatly increased voters from
all ethnic minority groups
SC nominations must be
approved by a ______ of the
_____.
majority, Senate
Federal judges serve life terms,
what is the only way they can be
removed from office against
their will?
impeachment and conviction by
Congress
During what war did the SC
strongly limit freedom of
speech?
World War I
What is the only circumstance in
which the U.S. government is
allowed to censor the press?
when national security is in
danger
In regards to the Bill of Rights,
the “wall of separation” refers to
The separation between church
and state
What law, passed under the
Johnson administration, set out
to guarantee the provisions of
the 15th Amendment?
Voting Rights Act of 1965, which
solidified the right to vote
regardless of race
What Warren Court decision
basically required law enforcement
officials to inform suspects of their
rights as the accused?
Miranda v. Arizona, 1966
What kinds of things do
Presidents review when choosing
federal judges (especially SC
justices)?
Past political activities and their
experiences on the bench (their
judicial record)
The Roe v. Wade decision that
essentially legalizes abortion is
based on what?
The right to privacy implied in
the Bill of Rights
What amendment was passed after the
Civil War to guarantee the rights of
former slaves? What SC decision was it
responding to?
th
14
Amendment; Dred Scott
decision
What amendment guaranteed
the vote for women? When was
it passed?
19th, 1920 (after WWI)
What amendment changed the
voting age from 21 to 18? What
election did it first impact?
26th Amendment, 1972
What significance did Barron v.
Baltimore have?
It indicated that the first ten
amendments did not apply to
state governments (upheld
throughout 1800s)
What did incorporation (based
on 14th amendment) do to the
Bill of Rights?
Extended Bill of Rights to protect
individuals from all levels of
government (federal, state,
local)
th
14
What clause of the
Amendment
has been used to incorporate the Bill
of Rights? Has incorporation been
selective or total?
Due Process clause
Selective (not all aspects of B of
R are incorporated)
What is nationalization?
It means that citizens who believe
that a state or local authority has
denied them their basic rights and
may take their case to federal
court.
What are the two clauses of the
1st Amendment regarding
religion?
The establishment (no laws
regarding the establishment of
religion) and free exercise (no
interference with practice) clauses
Which legal philosophy
advocates interpretation based
on a reasonable application of
the text of the law?
textualism
Which legal philosophy/practice
allows judges to imply broad powers
and make major societal changes
from the bench? What is the
opposite of this?
Judicial Activism, Judicial
Restraint
How does a loose constructionist
view the powers of the
government? What is the
opposing view?
Government has more powers than
those specifically listed ion
Constitution; strict view believes
gov’t is limited to what’s
specifically listed
What is the usual topic for cases
regarding the establishment
clause?
Religion and education
What are two parts of the Lemon
Test on state aid to parochial
schools?
aid must have a clear secular
purpose, must neither advance
nor inhibit religion, must avoid
excessive entanglement with
religion
What was the key outcome of
the Engel v. Vitale decision?
Schools could not encourage
prayer, even if the prayer was
nondenominational
How has the court ruled on
religious practices that violate
laws related to public safety and
morality?
Court upholds these laws (on
cases like polygamy, drug use,
etc.)
What are the two general
categories of speech, according
to the SC?
Pure speech (actual spoken
words) & symbolic speech
(burning draft cards, wearing
arm bands in protest, etc.)
What are two of the major
guidelines the SC uses in
freedom of speech cases?
clear and present danger test,
bad tendency doctrine, and
preferred position doctrine
What did the SC rule in Schenck
v. the U.S.?
Not OK for Schenck to encourage
draftees to obstruct the war effort
during WWI (in violation of clear
and present danger test)
How has the SC ruled on various
sedition laws over time?
At first you could be convicted
for advocating action against
government, over time
definition has narrowed
What is defamatory speech? Is
it protected?
Speech that damages a person’s
good name or reputation - can
be spoken (slander) or printed
(libel); not protected
How much control do school
officials have over their students’
right to free speech? Identify
one case that deals with this.
School officials have a great deal of
control over student speech;
Tinker v. Des Moines, Bethel
School District v. Fraiser,
Hazelwood SD v. Kuhlmeier
What is the name for censorship
of information before it is
published? When is this allowed
in the U.S.?
prior restraint, only allowed
when national security is
threatened
What important prior restraint
decision came out of the
Pentagon papers? What was the
outcome?
New York Times v. United
States; Times was allowed to
print Pentagon papers
What are two steps judges can
take to try and assure that a free
press doesn’t infringe on the
right to a fair trial?
change venue for trial, limit
number of reporters,
sequestering jury, isolating
witnesses and jury members
The right to parade and demonstrate
in public is protected by which
freedom? What do local
governments usually require for these
activities?
Assembly; a permit
Why are demonstrations subject
to greater gov’t regulation than
other forms of speech?
Potential for conflict between
demonstrators & others; or
interference with others trying
to use public streets/spaces
Does the right to Assembly allow a
group to convert private property to
its own use? Around what kind of
facility has this been an issue in
recent years?
No, it does not; private abortion
clinics being picketed by pro-life
protestors
How has the court handled the
issue of labor picketing?
It is allowed, but can be more
tightly regulated because it has
consequences greater than
other forms of free speech
How does the clear and present
doctrine apply to freedom of
association?
Government can prevent people
from forming/joining groups
deemed to be subversive
What percentage of cases
requested for review by the
Supreme Court are actually ruled on
by the Court?
Less than five percent
What did the Supreme Court
establish in McCulloch v.
Maryland?
States cannot interfere with or
tax the legitimate activities of
the federal government
Identify three major precedents
established by the Warren Court.
End to school segregation, greater
protections for those accused of
crimes, end malapportionment of
districts (one person one vote),
st
extend 1 amendment rights
Identify two key legal
developments under the Burger
Court.
School busing decisions, US v.
Nixon, Roe v. Wade
Are courts democratic
institutions? How can the public
influence courts?
No, but interest groups try to
influence decisions and
politicians run based on kind of
judges they will appoint
How can the President and
Congress work around
particularly onerous court
decisions?
Seeking to amend the
th
constitution (e.g. 16
Amendment)
What philosophe argued in favor
of a three branch government?
Montesquieu
What is the “supremacy clause”?
Makers it clear that the
Constitution is the supreme law
of the land
What is the name for a system in
which power is divided between
national and state governments?
federalism
Why did the founders choose a
federalist approach?
Even though the weak union of the A of
C failed, they still feared putting too
much power in the hands of the
central gov’t
What is the primary purpose of
separation of powers?
Limit overall power of central
gov’t by dividing powers
between branches
When federal and state gov’ts
work together on a project, it is
known as _________ federalism.
Name two examples.
Cooperative; highways, fed
involvement in education, certain
areas of law enforcement,
documentation standards for
immigrants
Does federalism centralize or
decentralize government? Why
is this important?
Decentralizes, important because it
involves more people/groups in
government and provides more
access to power (allows ideas to
flow from states/people)
Why is regulating commerce
such an important power for
Congress?
Because commerce has been defined
broadly, so through this power
Congress can do everything from
desegregate public accommodations
to pass environmental regulations
Under our federalist system,
what are two chief obligations
the states have to each other?
Full Faith and Credit (honor
contracts and licenses),
Extradition, Privileges and
Immunities
Define the concept of limited
gov’t.
The Constitution limits gov’t by
specifically listing the powers it
does and does not have
What gives Congress the power
to make all laws “necessary and
proper”?
Elastic clause
What was the key outcome of
McCulloch v. Maryland?
Broad interpretation of the
elastic clause – and the
existence of implied powers
provided by the elastic clause
The federal gov’t providing
funding to state governments is
an example of ________
federalism.
Fiscal
What are the two main types of
funding the federal government
passes on to the states? Which
type is more restrictive?
Block grants and categorical
grants; categorical grants must
be spent on specific things and
are more restrictive