Test #2

Question 1

Barron v Baltimore

Answer 1

Incorporation
Barron sued Baltimore for depriving him from deep waters on his co-owned wharf which helped his business
Ruling: 5th amendment did not apply to states so they didnt have any jurisdiction in the case

Question 2

Schenk v US

Answer 2

1st Amendment-free speech
Schenk sent 1500 leaflets urging draftees and soldiers to resist draft
ruling: 1st amanedment does not protect him due to “clear and present danger”

Question 3

Gitlow v NY

Answer 3

1st Amendment-free speech
Gitlow distributed copies of a left wing manifesto that called for establishment of socialism through strikes
ruling: state may forbid both speech and publication if they have a “dangerous tendency”

Question 4

US v O’Brien

Answer 4

1st Amendment- free speech
O’Brien burned his draft card at a Boston courthouse
ruling: cant burn draft card because it interfers with compelling state interest of gov

Question 5

Brandenburg v Ohio

Answer 5

1st Amendment- free speech
Brandenburg was convicted under an Ohio criminal syndicalism law for a speech at a KKK meeting
ruling: Ohio violated his right to free speech

Question 6

Tinker v DesMoines

Answer 6

1st Amendment- free speech
wore black armbands to show support of truce in the Vietnam war, principal suspended them
ruling: violated students freedom of speech

Question 7

Morse v Frederick

Answer 7

1st Amendment- free speech
Frederick held up a banner saying Bong Hits 4 Jesus, principal suspended him
ruling: pro-illegal drug messages are not protected

Question 8

Texas v Johnson

Answer 8

1st amendment-free speech
Johnson burned an American flag as a means of protest against Reagan administration policies
ruling: johnson was protected expression under the 1st amend.

Question 9

Snyder v Phelps

Answer 9

1st amendment-free speech
Synder sues church for holding signs saying “thank god for dead soldiers” at a funeral
ruling: protects protesting of a military service member

Question 10

Citizen United v Federal Election Commission

Answer 10

1st amenedment- free speech
citizens united was against the movie Hilary which promoted Hilary clinton
ruling: corporations are people and have free speech rights

Question 11

New York Times v Sullivan

Answer 11

1st amendment- free speech
Sullivan claimed that the allegations against the Montgomery police defamed him personally
ruling: First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice

Question 12

Hustler Magazine v Falwell

Answer 12

1st Amendment- free speech
Hustler made a parody of Falwell having sex with his mom in an outhouse
ruling: political satire is free speech

Question 13

Chaplinksky v New Hampshire

Answer 13

unprotected speech
man called a cop “goddamed racketeer”
ruling: court may ban speech known as “fighting words”

Question 14

Dennis v US

Answer 14

unprotected speech
used clear and probable danger test
ruling: no protection for speech that inflicts injury or tends to incite an immediate breach of the peace

Question 15

The Miller Obscenity Test

Answer 15

unprotected speech
test to determine whether something was obscene
ruling: 3 part test, if a speech meets one or more of these criteria then it may be deemed obscene
1. appeals prurient interest
2. patently offensive sexual conduct displayed that is specifically prohibited by an antiobscenity law
3. lacks literary, artistic, political, or scientific value

Question 16

Reno v ACLU

Answer 16

unprotected speech
congress passed the communications decency act which was designed to regulate the online transmission of obscene material
ruling: struck down CDA cuz it suppressed speech that adults have a right to recieve

Question 17

West virginia state board of education v barnette

Answer 17

1st amendment religious exercise
forcing the pledge of allegiance upon students in schools
ruling: it violates the free exercise law

Question 18

Burwell v Hobby Lobby

Answer 18

1st amendment religious exercise
chrisitan group that owns a store didnt want to pay for contraceptives and forcing them to do so would violate their free exercise rights
ruling: corporation is a person and has right of free religion

Question 19

employment division v smith

Answer 19

1st amendment religious exercise
fired for using peyote (hallucinogens) for a religious ritual and wanted employment compensation
ruling: even though peyote was used in a religious ritual, state could deny unemployment benefits for using illegal drugs

Question 20

Near v Minnesota

Answer 20

1st amendment- free press
Near published something saying officials were with gangsters and he was not allowed to publish.
ruling: 1st amendment prohibits government agencies from trying to prevent newspapers or magazines from publishing whatever they wish. “Prior restraint” protection.

Question 21

NY times v US

Answer 21

1st amendment- free speech
pentagon papers case
ruling: gov could not block publication of secret defense department documents given to ny times by an opponent of the vietnam war who got the documents illegally

Question 22

US v miller

Answer 22

2nd amendment
Miller was charged with violating national firearms act when he transported a double barrel 12 gauge shotgun in interstate commerce
ruling: the Second Amendment does not guarantee an individual the right to keep and bear a sawed-off double barrel shotgun.

Question 23

DC v Heller

Answer 23

2nd amendment
heller applied for a one year license for a handgun to keep at home but was denied, sued DC
ruling: gave the right to bear arms under 2nd amendment

Question 24

McDonald v Chicago

Answer 24

2nd Amendment
chicago put a handgun ban but second amendments should apply to states also
ruling: Chicago’s handgun ban violated an individual’s right to keep and bear arms for self-defense.

Question 25

Mapp v Ohio

Answer 25

4th Amendment Mapp was convicted of possesing obscene materials after an illegal search of her home for a fugitive ruling: all evidence obtained by search and siezure in violation of the constitution is inadmissible in a state court

Question 26

Palko v connecticut

Answer 26

5th amendment palko was charged for first degree murder but was convicted of second degree murder and sentenced to life. then again found guilty of first degree and sentenced to death ruling: Protection against double jeopardy was not a fundamental right

Question 27

miranda v arizona

Answer 27

5th amanedment miranda was arrested for a kidnapping and rape, miranda wrote a confession ruling: police are required to tell people their rights

Question 28

benton v maryland

Answer 28

5th amendment he was convicted for larceny twice ruling: double jeopardy clause constrains the actions of state courts

Question 29

berghuis v thompkins

Answer 29

5th amendment Thompkins argued that his confession was obtained in violation of the Fifth Amendment and that he was denied effective counsel at trial. ruling: unless you explicitly tell the police that you don’t intend to incriminate yourself and that you want to exercise your right to remain silent, anything you say can and will be used against you

Question 30

gideon v wainwright

Answer 30

6th amendment didnt have a lawyer and had to defend himself in court ruling: Constitution requires states to provide an attorney to criminal defendants charged with offenses who cannot afford lawyers themselves

Question 31

furman v georgia

Answer 31

8th amendment sentenced to death for tripping and accidentally shooting someone ruling: struck down all the death penalty laws in the country

Question 32

gregg v georgia

Answer 32

8th amendment robery and murder, got death sentence ruling: death penalty was not cruel and unusual

Question 33

griswold v connecticut

Answer 33

9th amendment Griswold and her colleague were convicted under a Connecticut law which criminalized the provision of counselling, and other medical treatment, to married persons for purposes of preventing conception. ruling: right to privacy in marital relations

Question 34

roe v wade

Answer 34

9th amendment texas prohibited roes abortion ruling: Women’s constitutional right to abortion is based upon right to privacy

Question 35

bowers v hardwick

Answer 35

9th amendment hardwick was observed by a Georgia police officer while engaging in the act of consensual homosexual sodomy with another adult in the bedroom of his home. ruling: court declined the right to privacy for gays

Question 36

lawerence v texas

Answer 36

9th amendment Lawrence and Garner were arrested and convicted of deviate sexual intercourse ruling: repealed bowers v harwick, gays can do their thangg

Question 37

dred scott v stanford

Answer 37

african american civil rights dred scott was a slave. when he went to a free state, he said he was free ruling: just because hes in a free state does not make him free

Question 38

plessy v ferguson

Answer 38

african american civil rights plessy is 7/8 white sat in the whites only car and refused to move ruling: seperate but equal rights do not violate the 14th amendment

Question 39

brown v board

Answer 39

african american civil rights brown took his daughter to an all white school and was refused ruling: facilities no longer had power to use race as a reason to discriminate

Question 40

shelby county alabama v holder

Answer 40

african american civil rights shelby county alabama said section 5 and 4b of the voting rights act were unconstitutional ruling: struck down part because it was unconstitutional

Question 41

franklin v gwinnett

Answer 41

womens civil rights ruling franklin was sexually harrassed and sued under title IX ruling: students subjected to sexual harrassment may sue for monetary damages under title IX

Question 42

reed v reed

Answer 42

womens civil rights ruling after son died, both parents wanted to be administrators but the dad got it ruling: dissimilar treatment of men and women was unconstitutional

Question 43

craig v boren

Answer 43

womens civil rights ruling oklahoma pohibited nonintoxicating beer to males under age 21 and females under age 18 ruling: uncondtitutional gender classifications

Question 44

us v virginia

Answer 44

womens civil rights ruling boy only school was unconstitutional. ruling: no more male only schools

Question 45

ledbetter v goodyear

Answer 45

womens civil rights ruling ledbetter was paid 40% less than male supervisors ruling: must file their grievance 180 days after the discrimination occurs

Question 46

mendez v westminister

Answer 46

latino civil rights mexican and mexican americans were segregated into mexican schoools ruling: ruled in favor of desegregation

Question 47

corpus christi isd v cisneros

Answer 47

latino civil rights mexican americans were an a minority group illegally segregated by gov action ruling: 14th amendment protected latinos

Question 48

Arizona v US

Answer 48

latinos civil rights US sought to stop the enforcement of SB 1070 ruling: changed provision 1 2 and 4 not 3

Question 49

US v Windsor

Answer 49

LGBT spyer died and left windsor (spouse) her estate but their marriage was not recognized by the fed law ruling: overturned a law that denied federal benefits to same sex couples. people who live in states of same sex marriage recieve fed privileges

Question 50

Obergefell v Hodges

Answer 50

LGBT ruling: fundamental right to marry is gaurenteed to same sex couples by due process clause and equal protection clause

Question 51

Romer v Evans

Answer 51

LGBT gay and lesbian rights movement sough suitable legal cases to test the constitutionality of discrimination against gays ruling: discrimination against gays is unconstitutional

Question 52

Bakke v University of California

Answer 52

Affirmative action Bakke was rejected from med school twice because of his race ruling: allowed race to be a factor but made quotas

Question 53

grutter v bollinger

Answer 53

``` affirmative action grutter (white) applied to law school that admits they use race as a factor in making admissions decisions becasuse it serves a compelling interest in achieving diversity ruling: school had complling interest in promoting class diversity ```

Question 54

parent involved v seattle

Answer 54

Affirmative action school assignment plans by making race one factor in assigning students to schools ruling: unconstitutional because discriminates against white students

Question 55

fisher v unitersity of texas

Answer 55

Affirmative action white student challanged the use of race as one factor among many in admissions decisions ruling: court sent case back to district court with instructions to apply "strict scrutiny" to the schools policy

Question 56

13th amendment

Answer 56

abolish slavery

Question 57

14th amendment

Answer 57

privilege of immunities, due process, equal protection

Question 58

15th amendment

Answer 58

voting rights to blacks

Question 59

16th amendment

Answer 59

imposed federal income tax

Question 60

17th amendment

Answer 60

direct election of senators

Question 61

18th amendment

Answer 61

prohibition

Question 62

19th amendment

Answer 62

women got the right to vote

Question 63

20th amendment

Answer 63

sets the dates at which federal gov elected offices end and who succeeds the president

Question 64

21 amendment

Answer 64

ended prohibition

Question 65

22nd amendment

Answer 65

two term limit on president

Question 66

23rd amendment

Answer 66

citizens of distric of columbia got the right to vote by granting the district electors in the electoral college as if it were a state

Question 67

substantive limits

Answer 67

limits on what the gov can or cannot do

Question 68

procedural limits

Answer 68

rules regarding how the gov must act

Question 69

selective incorporation

Answer 69

considered each protection individually, one case at a time

Question 70

freedom speech tests

Answer 70

clear and present danger test bad tendency test clear and probable danger test

Question 71

imminent lawless action test

Answer 71

speech is restricted only if it goes beyond mere advocacy to create a high likelihood of imminent disorder or lawlessness

Question 72

unprotected speech

Answer 72

libel-written and slander-spoken (false statements that harm the reputation of another person obscenity- indecent or offensive speech fighting words- speech that inflicts injury or results in public disorder

Question 73

prior restraint

Answer 73

attempt to block the publication of material that is considered harmful

Question 74

criminal due process rights

Answer 74

4, 5, 6, 8. establish the guidlines that the gove must follow in investigating, bringing to trial, and punishing individuals who violate criminal law

Question 75

exclusionary rule

Answer 75

procedural rule stating evidence obtained illegally cannot be used in trial

Question 76

4th amendment

Answer 76

bars police from conducting any unreasonable searches and seizures

Question 77

5th amendment

Answer 77

bars double jeaopardy

Question 78

6th amendment

Answer 78

right to a speedy and public trial, a trial by a jury of ones peers, info about the charges against oneself, the confrontation of witnesses testifying against oneself

Question 79

8th amendment

Answer 79

protection against cruel and unusual punishment

Question 80

strict scrutiny

Answer 80

test to hear a challenge to laws with suspect classifications (race, ethnic origin, and religion)

Question 81

heightened scrutiny

Answer 81

sex based discrimination cases

Question 82

ordinary scrutiny

Answer 82

discrimination based on sexual orientation

Question 83

jim crow laws

Answer 83

required the strict seperation of racial groups

Question 84

de jure segregation

Answer 84

legally mandated seperation of the races

Question 85

seperate but equal doctrine

Answer 85

aeperate but equal facilities do not violate the 14th amendments equal protection clause

Question 86

civil rights act

Answer 86

outlaws arbitrary discrimination in voter registration practices within the states, bans discrimintation in public accommodations, prohibits state and local gov from banning access to public facilities on the basis of race religion or ethnicity, desegregate public schools, bars gov from discriminaion, establishes a standard of equality in employment

Question 87

voting rights act

Answer 87

banner voter registration practices (literacy tests), mandadted fed interventions in any county where less than 50% of eligable voters are registered

Question 88

de facto segregation

Answer 88

segregated schools in fact

Question 89

equal rights amendment (era)

Answer 89

equality of rights under the law shall not be denied or arbridged by the us on account of sex

Question 90

affirmative action

Answer 90

organization make intentional efforts to diversify its workforce by providing equal oppurtunity to classes of minorities

Question 91

public opinion

Answer 91

values and attitudes that people have about issues events and personalities

Question 92

most americans ascribe to the principles of

Answer 92

equality of oppurtunity (freedom to use whatever talents and wealth they have reached their fullest potential), liberty (freedom from gov control), democracy (system of rule that permits citizens to play a significant part in the gov process

Question 93

political socialization

Answer 93

process through which underlying political beliefs and values are formed

Question 94

3 powerful influences over public opinion

Answer 94

political leaders, private groups, media

Question 95

random ssample

Answer 95

every individual has an equal probablity of being selected as a respondent

Question 96

sampling error

Answer 96

polling error that arises based on the small size of the sample

Question 97

push polling

Answer 97

the questions are designed to shape the respondents opinion

Question 98

bandwagon effect

Answer 98

shift in electoral support to the candidate whom public opinion polls report as the front funner

Question 99

interest groups

Answer 99

organization that tries to influence govs programs and policies

Question 100

California interest groups

Answer 100

seek to influence policy decisions in the legislature, executive branch, and administrative agencies (third house)

Question 101

pluralism

Answer 101

theory that citizens connect to the government through interest groups that compete in the public sphere comes from fed 10 invigorate the market placce of ideas (bad ideas regected, good ideass embraces)

Question 102

pluralist theory

Answer 102

emphasizes how important it is for a democracy to have large numbers of diverse interest groups representing a wide variety of views (democracy)

Question 103

elite theory

Answer 103

ruling class composed of wealthy, educated individuals weilds most of the power in gov and withing the top universities, corps, and military (oligarchy)

Question 104

6 different interest groups

Answer 104

buisness and agriculture, public, ideological, labor union, professional, public sector

Question 105

key features of interest group organization

Answer 105

leadership, money, membership, collective goods

Question 106

iron triangle

Answer 106

congress (committees in house and senate), executive agencies, defense contractors