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 SC decision established a precedent for

judicial review?

Marbury v. Madison

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

Who has the ultimate appellate jurisdiction?

the Supreme Court

What case made segregation legal in the U.S.? what case

reversed it in 1954?

Plessy v. Ferguson, Brown vs. the Board

Who has the power to declares laws/acts unconstitutional?

Judicial Branch/Supreme Court

The five basic provisions of the first amendment are:

Freedom of Religion, Assembly, Press, Petition &

SpeechRAPPS

What did the 14th Amendment do?

guaranteed citizenship rights to all citizens

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 decision on mandatory school prayer?

it’s illegal

When can religious practices be limited?

when they violate criminal laws

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 is the most common way for interest groups to

lobby the courts?

Amicus curiae briefs

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

SC nominations must be approved by a ______ of the

_____.

majority, Senate

Federal judges serve life terms, what is the only way they can be removed from

office against their will?

impeachment and conviction by Congress

During what war did the SC strongly limit freedom of

speech?

World War I

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 is the usual topic for cases regarding the

establishment clause?

Religion and education

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

Are courts democratic institutions? How can public

influence courts?

No, but interest groups try to influence decisions and

politicians run based on kind of judges they will appoint