exam #3 (chpt.10 & 11)

Question 1

Key players, facts and outcome of…
Marbury v. Madison (1803)

Answer 1

(CONTEXT: “justices of the peace” from hell case)
Congress did not have power to modify the Constitution through regular legislation because Supremacy Clause places the Constitution before the laws. In so holding, Marshall established the principle of judicial review: the power to declare a law unconstitutional.

Question 2

Define civil liberties

Answer 2

Fundamental rights and freedoms that protects citizens from govt interference and ensures their personal liberty. These liberties include freedom of speech, freedom of press, freedom of religion, right to privacy, and right to a fair trial ect.

Question 3

Define civil rights

Answer 3

Rights granted to an individual b/c they are part of society regardless of sex, race, ethnicity, and other defining features. These rights include: equal protection under the law, non discrimination, voting rights, access to education, equal employment ect.

Question 4

What does “incorporation” mean?

Answer 4

“incorporation” refers to the incorporation doctrine which is the legal principle that certain provisions of the Bill of Rights are “incorporated” or made applicable to state governments through the Fourteenth Amendment’s Due Process Clause.

Question 5

outcome, significance and constitution basis of…
Barron v. Baltimore (1833)

Answer 5

Barron sued the city for compensation b/c their construction had made some of his land unusable which violated his right to land stated in the 5th amendment. The court ruled that the bill of rights applied only to federal gov’t and not to state gov’t. This case set a precedent and would eventually help to form the incorporation doctrine.

Question 6

outcome, significance and constitution basis of…
Schenck v. United States (1919)
Gitlow v. New York (1925)

Answer 6

In Schenck’s case they were convicted because their pamphlets violated the espionage act. They claimed that their first amendment rights were being violated, the court ruled that it was not so because they were encouraging men to avoid the draft, which is not protected speech.

In Gitlow’s case the court ruled against him on the basis that his speech invoked “clear and present danger” which is one of the limitations set on the first amendment.

Question 7

outcome, significance and constitution basis of…
Powell v. Alabama (1932)

Answer 7

9 black youths convicted of rape in a span of 3 months with an all white jury were prohibited from contacting family, seeking counsel and were appointed a mediocre attorney. When the case reached the Supreme Court the justices ruled that their 14th amendment rights were violated which are “due process of the law”.

Question 8

outcome, significance and constitution basis of…
Near v. Minnesota (1931)

Answer 8

The supreme court ruled that it was unconstitutional (via the 1st amendment freedom of speech) to prohibit the publication of Near’s newspaper and reaffirmed that the Fourteenth Amendment incorporated the First Amendment to the states.

Question 9

outcome, significance and constitution basis of…
Weeks v. United States (1914)
Mapp v. Ohio (1961)

Answer 9

Week’s 4th amendment search and seizure right was violated. Weeks case established the ‘exclusionary rule’ which makes it so that the gov’t cannot use evidence that was illegally obtained. This however did not apply to the states until Mapp’s case in 1961 when the court ruled that Mapp’s home and the evidence collected from it was a violation of her 4th amendment rights.

Question 10

outcome, significance and constitution basis of…
Gideon v. Wainwright (1963)

Answer 10

Gideon’s 6th amendment right was violated because in Florida (where his trial was) attorneys were only appointed in capital cases. Florida was under the impression that they were not violating the 6th amendment because it only applied to federal cases. Supreme court ruled in favor of Gideon because his 6th amendment was violated and applied to the state via the 14th amendment.

Question 11

outcome, significance and constitution basis of…
Miranda v. Arizona (1966)

Answer 11

Miranda was convicted because of his confession, he was retried on the premise that he was not read his rights but ultimately still convicted. This case made it a requirement for law officials to inform suspects of their right to remain silent, self incrimination, and an attorney as given to them in the 5th amendment.

Question 12

outcome, significance and constitution basis of…
Griswold v. Connecticut (1965)

Answer 12

Griswold was taken to court b/c they violated Connecticut’s law that prohibited contraceptives. Case was later taken to the supreme court where they ruled in favor of the two and stated that their 14th amendment right was violated and that all citizens had a right to privacy via the 1st, 3rd, 4th, and 9th amendments.

Question 13

outcome, significance and constitution basis of…
Roe v. Wade (1973)

Answer 13

Roe argued that Texas’ ban on abortion violated citizen’s right to privacy under the 14th amendment. Supreme court ruled that Texas’ abortion ban was unconstitutional b/c it infringed on citizen’s rights in the 9th amendment.

Question 14

outcome, significance and constitution basis of…
Bowers v. Hardwick (1986)

Answer 14

First homosexual court case. Court case arrested for sodomy and used the 14th amendment in their defense. The supreme court upheld the Georgia’s sodomy law that criminalized consensual same sex in a private residence. This meant that sodomy was not protected by the 5th or 14th amendment.

Question 15

outcome, significance and constitution basis of…
Lawrence v. Texas (2003)

Answer 15

Supreme court ruled in favor of Lawrence and stated that by the due process clause of the 14th amendment extended to intimate acts of consenting adults committed in privacy. It invalidated sodomy laws across the country because they violated the equal protection clause and right to privacy.

Question 16

outcome, significance and constitution basis of…
Obergefell v. Hodges (2015)

Answer 16

made it so all states had to acknowledge same sex marriage and required all justices of the peace to marry same sex couples regardless of personal convictions. Same sex marriage was protected under the 14th amendment by its due process clause and equal protections rights.

Question 17

summary of…
Dred Scott v. Sanford (1857)

Answer 17

Dred Scott sued for his freedom but the court ruled that he could not sue because he was not considered a citizen. And ruled that the Missouri compromise and the 36 30 parallel rule was unconstitutional.

Question 18

summary of…
Plessy v. Ferguson (1896)

Answer 18

Established the ‘seperate but equal’ doctine, making segregation legal.

Question 19

summary of…
Brown v. Board of Education (1954)

Answer 19

Brown’s 14th amendment equal protection law was violated by the segregation at schools. It overturned the ruling in Plessy v. Ferguson making it illegal to segregate black and white children at school.

Question 20

Describe the 1st amendment

Answer 20

Freedom of religion, speech, press, assembly, and right to petition the gov’t

Question 21

Describe the 2nd amendment

Answer 21

Right to bear arms

Question 22

Describe the 3rd amendment

Answer 22

No quartering of soldiers without consent of owner

Question 23

Describe the 4th amendment

Answer 23

No search or seizure without a warrant or probable cause

Question 24

Describe the 5th amendment

Answer 24

Grand jury, double jeopardy, self incrimination, and cannot be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Question 25

Describe the 6th amendment

Answer 25

Right to a speedy trial by jury, witnesses, counsel

Question 26

Describe the 7th amendment

Answer 26

Jury trial in civil lawsuits

Question 27

Describe the 8th amendment

Answer 27

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Question 28

Describe the 9th amendment

Answer 28

Non-enumerated rights retained by people

Question 29

Describe the 10th amendment

Answer 29

Rights not explicitly given to the U.S. in the Constitution are reserved to the states/people

Question 30

Describe the 13th amendment

Answer 30

Abolished slavery

Question 31

Describe the 14th amendment

Answer 31

Granted citizenship and equal protection to all

Question 32

Describe the 15th amendment

Answer 32

Right to vote regardless of race

Question 33

Describe the 19th amendment

Answer 33

Granted women the right to vote

Question 34

What are some of the limitations on the 1st amendment?

Answer 34

fighting words, sedition, obscenity/slander, libel, clear and present danger, child pornography, cyberbullying,

Question 35

What is the Supreme Court’s jurisdiction?

Answer 35

SCOTUS has original jurisdiction in cases involving a state as a party, a public minister or a consul

Question 36

What is the US court of appeals’ jurisdiction?

Answer 36

Nationwide jurisdiction to hear appeals in specialized cases

Question 37

What is the US district court’s jurisdiction?

Answer 37

district courts have jurisdiction to hear nearly all categories of federal civil and criminal cases

Question 38

Compare and Contrast original and appellate jurisdiction

Answer 38

Original jurisdiction is where a court case originates, meanwhile appellate jurisdiction reviews decisions from other courts regarding that case.

Question 39

What is a writ of certiorari?

Answer 39

An order that forces lower courts to deliver its records of a case so it can be reviewed by the Supreme Court.

Question 40

What is a writ of mandamus?

Answer 40

It is an order from a court to a lower gov’t official to act in accordance with the law

Question 41

Explain the rule of four

Answer 41

Supreme Court’s practice of granting a petition for review only if four of the nine justices vote to accept the case.

Question 42

Describe the nomination process for federal judges and supreme court justices. What role does the senate play? What issues are involved?

Answer 42

President nominates candidate, senate judiciary committee reviews the nominee, committee submits tehri recommendation to the full senate, the full senate votes (51 votes needed for confirmation). The issue with new justices is that they reveal little to nothing about their judicial philosophy.

Question 43

When was the concept of Judicial review created for US law?

Answer 43

After Madison v. Marbury case

Question 44

What is Judicial review?

Answer 44

The ability of the Supreme Court to declare legislative or executive act in violation of the constitution.

Question 45

What is the importance of judicial activism and judicial restraint?

Answer 45

Judicial Activism is when courts can and should go beyond law to consider broader implications of its decision. It believes that the Constitution should be routinely reinterpreted. Judicial restraint encourages judges to limit the exercise of their own power. Use little personal interpretation (very by the book).

Question 46

How can Supreme Court ruling be altered or overturned?

Answer 46

It can only be altered by a constitutional amendment or new court ruling

Question 47

Explain the different types of opinions that are delivered by the Supreme Court

Answer 47

Majority opinion, concurring opinion (supports the result reached but for other reasons), and dissenting opinion (against majority vote)

Question 48

How does the bill of rights apply to the states?

Answer 48

Incorporation applies the Bill of Rights to the states through the equal protection clause and due process clause of the 14th amendment.

Question 49

What is symbolic speech?

Answer 49

Nonverbal, nonwritten forms of communication such as flag burning or wearing arm bands.

Question 50

What is the exclusionary rule of evidence?

Answer 50

Prohibits the government from using most evidence gathered in violation of the constitution

Question 51

How has the Patriot Act altered out liberties?

Answer 51

It granted the gov’t access to personal information without us knowing

Question 52

Describe the prior restraint doctrine

Answer 52

A form of censorship that allows the gov’t to review the content of printed materials and prevent their publication

Question 53

Status of same sex marriage in the US?

Answer 53

It is legal and must be recognized in all 50 states.

Question 54

What are the major provisions and requirements of the Civil Rights Act of 1964?

Answer 54

Forbade discrimination on the basis of sex, as well as, race in hiring, promoting, and firing. Enforced equal voting rights and desegregated schools.