Units 1-6

Question 1

Selective Incorporation

Answer 1

SC incorporates cases that have come up
Started by 14th amendment
How the BoR slowly have been applying to the states
case by case
1st case: Gitlow v. New York (1st- speech + press)

Question 2

Barron v. Baltimore

Answer 2

SC said that BoR did not apply to states, only to fed. govt.

Before 14th

Question 3

1st amendment

Answer 3

freedom of religion, assembly, petition, press + speech
speech: does not protect libel (NY Timesv Sullivan-slander + obscenity (Miller test)
protected: flag burning (Texas v Johnson), slear +present danger (Schenk)
religion: free establishment + free exercise clause
entanglement of religion + schools: Lemon v. Kurtzman, bible reading: Engle v. Vitale

Question 4

5th amendment

Answer 4

Right to know all your rights in an arrest
No self-incrimination, double jeopardy
Miranda v. Arizona –> Miranda rights
Witness badgering - repeating
due process + 14th
gives govt right to eminent domain –> govt is allowed to take your property + gives the right compensation

Question 5

Prior restraint

Answer 5

govt trying to censor the press before it gets published
even if it’s sensitive info, only if it shows clear + present danger
NY Times v. US - classified info + they wanted to publish it

Question 6

Right to privacy

Answer 6

protected by 4th, 5th + 9th
not enumerated, penumbras
protects:
-abortion rights:
Roe v. Wade
*1st trimester or if woman's life is in danger
Griswold v. Connecticut
*contraceptives for married couples
-homosexual rights
Texas v. Lawrence
*homosexuality is under right of privacy

Question 7

4th amendment

Answer 7

protects us from unreasonable search + seizure, exclusionary rule
Mapp v. Ohio - incorporated 4th
They need probable cause to search you
TLO v. NJ - schools only need reasonable suspicion

Question 8

8th amendment

Answer 8

no cruel/unusual punishments or excessive fines/bails
death penalty=capital punishment
Furman v. GA - put temporary hold on executions, people were not being executed properly, mainly to African American men
Gregg v. GA - it’s OK but you must do “xyz” to do it

Question 9

Affirmative action

Answer 9

trying to make sure we see more diversity in schools + workplace
Bakke v. U of CA - schools can use race as a criteria but no quotas
SC has upheld using race, no quotas

Question 10

Civil Rights Act of 1964

Answer 10

it gave AA more rights
outlawed discrimination in public places + banned discrimination in voting places
24: no more poll tax
Heart of Atlanta Hotel v. US - SC said it was constitutional that you can ban discrimination in private + public places

Question 11

Reconstruction Amendments

Answer 11

13: freed slaves
14: due process + equal protection
15: right to vote/suffrage cannot be taken away based on race

Question 12

24th amendment

Answer 12

outlawed poll taxes

Civil Rights Act 1964-65

Question 13

Gay rights

Answer 13

14th for equal protections
right to privacy
Lawrence v. Texas - gays are allowed to have relations
Obergefell v. Hodges - allows gay marriage
Don’t ask, don’t tell - Clinton for military

Question 14

Brown v. Board

Answer 14

I: schools need to integrate + separate is NOT equal
II: integrate with all deliberate speed

Question 15

19th amendment

Answer 15

gave women the right to vote

Question 16

Women’s Rights

Answer 16

Title IX (9): gave women equal opportunity in schools
ex. sports
heightened scrutiny: some laws can be based on gender
ex. Roe v. Wade, Griswold v. CA, Planned Parenthood v. Casey
NOW- interest groups, no “man” jobs
Title 7: protected women from discrimination in work ex,pay
Leabetter v. Goodyear Tire: L was paid less than men, Clinton passed a Lily Leabetter law, every pay is being discriminated, not just the first one

Question 17

Procedures at Supreme Court

Answer 17

Rule of Four - writ of certorari
Briefs - each side
*amicus curaie
*#1: solicator general (US govt)
Oral arguments (30 mins)
Questions
Justices go into conference (1st Justice, then seniority)
Opinions (Look at: Opinions of SC)

Question 18

Congress role in Judicial Branch

Answer 18

Senate Judiciary Committee: approve nominations to Court
House impeach, Senate trial judge
set size + # of courts (Judiciary Act of 1789)
laws to back up/not back up court decisions

Question 19

Opinions of Supreme Court

Answer 19

majority: sets precedent
dissenting: minority opinion :(
concurring: agrees or disagrees but for a different reason

Question 20

Judicial Philosophies

Answer 20

judicial activism:
loose interpretation (Hamilton)
for change, making policies
Obergefell: overturned DOMA
Brown v. Board
judicial restraint:
strict interpretation (Jefferson)
allows Congress/Pres make policy

Question 21

Types of courts

Answer 21

trial courts (district): original jurisdiction, most begin + end here
circuit court: appellate jurisdiction, do not take new evidence, looks for mishandling of the case
Supreme Court: original + appellate jurisdiction affects multiple people, and is a constitutional issue
state courts are the same way

Question 22

Rule of Four

Answer 22

4 SC judges needs to approve

writ of certiorari: to make more certain

Question 23

stare decisis

Answer 23

let the decision stand
looking at old court cases
judicial restraint
precedent: follows the precedent of higher court

Question 24

Groups in the Bureaucracy

Answer 24

Govt Corporation: businesses funded by govt partially
TVA + Post Office
Independent Executive: like Cabinet but specific
NASA
Independent Regulatory: regulate parts of economy
FCC, SEC, EPA, OSHA, SCC
Cabinet: 15 depts, led by a Secretary (for Dept of Justice: Attorney General)

Question 25

President’s role in the bureaucracy (include court cases)

Answer 25

can fire agency heads at will except for heads in regulatory agencies
appts most heads
can request in State of Union to budget
OMB: can increase or decrease budget for bureaucracy
Myers v. US: Pres can fire agency heads at will
Humphrey’s Exec v. US: can’t fire regulatory agencies at will, there must be a cause