Exam 1 Concepts and Clauses

Question 1

Strict Constructionalism

Answer 1

We interpret the Constitution only as its written following Originalism or Textualism as guides (restraint)

Question 2

Loose Constructionalism

Answer 2

We interpret the Constitution to allow flexibility and interpreting (activist)

Question 3

Judicial Pragmatism

Answer 3

When interpreting the Constitution you take into account many perspectives, assumes law should and will evolve over time

Question 4

Originalism

Answer 4

Looking to the original intent of the Constitution/law, looking to the ideas and context of the text to determine why it was made and what should be carried over.

Question 5

Textualism

Answer 5

Looking to the original writing of the Constitution/law, following the text without interpretation. Take it as written.

Question 6

Selective Incorporation

Answer 6

Not all rights in the first 10 amendments are applied to the states, the court must say so on a case by case basis. Rights that were previously not applied to the states will be incorporated into them by being brought before the Supreme Court.

Question 7

Strict Scrutiny

Answer 7

An extremely important government interest must be advanced in the least speech-restrictive way possible.

Question 8

Mootness

Answer 8

When there is no longer an actual controversy between the parties to a court case, and any ruling by the court would have no actual, practical impact.

Question 9

Standing

Answer 9

A party must show an “injury in fact” to their own legal interests. They must be the person caused injury to or be responsible for them… ex. having custody of a child they can sue on their behalf

Question 10

Ripeness

Answer 10

It may be too early for a case to been seen by the Supreme Court and it cannot be about hypothetical events.

Question 11

Due Process Clause

Answer 11

Established by the 14th Amendment, guarantees that the government cannot take a person’s basic rights to “life, liberty, or property, without due process of law.” The due process right is designed to protect citizens from actions taken by state government, counties, towns, and cities.

Question 12

Stare Decisis

Answer 12

Courts will adhere toprecedentin making theirdecisions.

Question 13

Justiciability

Answer 13

A case is suitable for the court to hear and decide on.
- Must not offering an advisory opinion
- The plaintiff must have standing
- The parties must not be feigned or collusive
- The issues must be ripe but not moot
- Cannot be a political question

Question 14

Lemon Test

Answer 14

A test which determines if there is a violation of the Establishment Clause.

Question 15

Parts to the Lemon Test

Answer 15

Entanglement, Purpose, Effect, in the cases of schools coercion, and in the cases of displays they must not be isolated.

Question 16

Entanglement (Lemon Test)

Answer 16

Must not result in excessive government entanglement with religious affairs (from Abington vs Schempp)

Question 17

Purpose (Lemon Test)

Answer 17

Is there a legitimate secular purpose to the action (from Walz v Tax Commission… challenged tax exemptions for churches)

Question 18

Effect (Lemon Test)

Answer 18

Must not advance or inhibit religious practices (from BOE v Allen… textbooks were lent to private religious)

Question 19

Coercion (Lemon Test)

Answer 19

As what defines praying is impossible to tell, is sitting silently or standing respectfully… school age children especially being susceptible to feeling forced to basically engage for fear of punishment from adults they’re taught to respect (from established in Lee v Weisman)

Question 20

Display (Lemon Test)

Answer 20

Religious items are allowed to be displayed if surrounded by other things to provide further context to keep it from being flat out sponsorship of religion from the gov

Question 21

Sherbert Test

Answer 21

Resulting from the Supreme Court case of Sherbert v. Verner, the Shebert test is two-fold in its phases. The purpose of the Sherbert test is to determine if there has been a government infringement on religious rights or freedoms.

Question 22

Sherbert Test: Phase 1

Answer 22

Is there a legitimate violation of religious expression or freedom? Should the government be involved?

Question 23

Sherbert Test: Phase 2

Answer 23

Is the law a substantial burden on the party in question?