What was the Bill of Rights originally intended for? To protect citizens against the actions of the...
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Transcript of What was the Bill of Rights originally intended for? To protect citizens against the actions of the...
What was the Bill of Rights originally intended for?
To protect citizens against the actions of the federal
government
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 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
What case made segregation legal in the U.S.? what case
reversed it in 1954?
Plessy v. Ferguson, Brown vs. the Board
The five basic provisions of the first amendment are:
Freedom of Religion, Assembly, Press, Petition &
SpeechRAPPS
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 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 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 the 15th Amendment? What has
been its legacy?
Voting Rights Act of 1965; greatly increased voters from all ethnic minority
groups
Federal judges serve life terms, what is the only way they can be removed from
office against their will?
impeachment and conviction by Congress
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?
14th Amendment; Dred Scott decision
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)
What clause of the 14th Amendment has been used to incorporate the Bill of Rights?
Has incorporation been selective or total?
Due Process clauseSelective (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
Which members of our society traditionally has the most
access to political power? What does this do to their rate of
political participation?
Socioeconomic elite, they have a high rate of
participation
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 have many states allowed for the possibility of
prayer at schools without running afoul of the
Supreme Court?
“Moment of Silence” Laws
What law allows for student religious groups to hold
meetings and functions at public schools?
Equal Access Act (1984 – ruled constitutional by SC
in 1990)
How has the court ruled on the banning of teaching
evolution?
Not OK to ban it (Epperson v. Arkansas) also can’t require teaching of Biblical creation
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.)
How has the court ruled on compulsory patriotism in
regards to religion?
people cannot be compelled to participate in patriotic
acts that violate their religious beliefs
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 did Gitlow v. New York clarify the bad tendency
doctrine?
Speech can be restricted even if it had only a
tendency to lead to illegal action
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
Under what circumstances can a judge ban the press from a pretrial hearing?
when the suppression of evidence is being discussed
According to the SC, do reporters have the right to refuse to reveal sources or
evidence?
They do not, but the SC allows for special exemptions for this from Congress or the states (30 states have shield laws
that protect reporters)
Has the SC allowed the Federal Communications
Commission (FCC) to censor the press?
no, but they can require certain standards for
certain types of broadcasting
Are email and the internet more or less restricted than
broadcast media? Why?
less, because they are viewed as print media and accorded
the same freedoms as newspapers & magazines
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
What is the heckler’s veto? What 1977 incident in
Skokie, IL, clearly demonstrated this?
When public opinion against an unpopular group keeps it from
demonstrating, the Nazis wanted to march in Skokie – a
largely Jewish suburb of Chicago
What did Feiner v. New York give the police the right to
do?
Disperse a group of demonstrators in the
interest of keeping the peace
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), extend 1st amendment rights
Identify two key legal developments under the
Burger Court.
School busing decisions, US v. Nixon, Roe v. Wade