1st and 2nd amendment test

Question 1

DC v Heller

Answer 1

DC made it illegal to carry an unregistered firearm and prohibited the registration of handguns. The ban on registering handguns and the requirement to keep guns nonfunctional violate the 2nd amendment. The term “militia” referred to any able-bodied man who could be called to service.

Question 2

McDonald v Chicago

Answer 2

Suits filed against Chicago for gun bans because the 14th amendment makes the 2nd amendment applicable to the states. The due process clause in the 14th amendment incorporates the 2nd amendment recognized in DC v Heller.

Question 3

Engel v Vitale

Answer 3

No public school should lead a prayer because it violated the Establishment clause of the 1st amendment.

Question 4

New York Times Company v US

Answer 4

Nixon administration attempted to prevent NYT and Washington Post from publishing papers exposing US activities in Vietnam. The court held that the government did not overcome the “heavy presumption against” prior restraint of the press in this case since the publication would not imperil the safety of American forces.

Question 5

Wisconsin v Yoder

Answer 5

Amish were prosecuted under a Wisconsin law that required all children to attend public schools until age 16, but high school attendance was contrary to Amish beliefs. The court held that the free exercise clause outweighed the state’s interests in compelling school attendance beyond 8th grade.

Question 6

Tinker v Des Moines Independent Community School District

Answer 6

Tinker siblings wore their Vietnam support armbands to school and were sent home. The court ruled that the students did not lose their 1st amendment rights to freedom of speech when they stepped onto school property.