Unit 2 - Court System and Landmark Cases

Question 1

Wisconsin v. Yoder (1972)

Answer 1

free exercise of religion; don’t have to go to school until you’re 16 for religious reasons

Question 2

Engel v. Vitale (1962)

Answer 2

freedom of religion; public school can’t require students to say a prayer –> violates Establishment Clause

Question 3

Establishment Clause

Answer 3

prohibits the government from “establishing” a religion

Question 4

Lemon v. Kurtzman (1971)

Answer 4

schools must pass the lemon test to get government funding; states don’t have to fund private education

Question 5

Lemon Test

Answer 5

needs secular purpose; does not advance or inhibit religion; no excessive entanglement with religion

Question 6

Schenck v. US (1919)

Answer 6

Schenck told people to go against draft and not go if drafted; SC ruled against Schenck –> said that his speech presented “clear and present danger”

Question 7

Brandenburg v. Ohio (1969)

Answer 7

KKK member talking to other KKK members when Ohio arrested him; SC ruled with KKK member –> Ohio law violated 1st amendment (freedom of speech); although Brandenburg was not saying good things, that doesn’t mean it can be restricted

Question 8

Tinker v. Des Moines (1969)

Answer 8

students wore armbands in protest of Vietnam war and school suspended them; SC said schools don’t have right to limit speech as long as it isn’t causing disruption or distraction in school

Question 9

Texas v. Johnson (1989)

Answer 9

Johnson burned flag and was arrested; SC ruled his actions don’t violate Constitution (freedom of speech)

Question 10

Symbolic Speech

Answer 10

nonverbal communication, such as burning a flag or wearing an armband

Question 11

New York Times v. US (1971)

Answer 11

NYT published horrible article on government in paper regarding Vietnam; SC says NYT can keep publishing (freedom of press) –> government can’t use prior restraint

Question 12

Prior Restraint

Answer 12

censorship imposed on expression that prohibits instances of expression

Question 13

Miller v. US (1939)

Answer 13

people transporting unregistered weapons and were arrested; SC says 2nd amendment is not violated because unregistered weapons aren’t protected under constitution

Question 14

McDonald v. Chicago (2010)

Answer 14

Chicago requires permits to own guns but doesn’t give any permits; SC says it violates 2nd amendment

Question 15

Mapp v. Ohio (1961)

Answer 15

police looking for bombing suspect so they enter Mapp’s house without a warrant –> find illegal porn and arrest Mapp; SC says it violates 4th amendment

Question 16

4th Amendment

Answer 16

protects against unreasonable searches and seizures; requires probable cause or a warrant; basis of law regarding stop-and-frisks, safety inspections, etc.

Question 17

Exclusionary Rule

Answer 17

part of 4th amendment; if it’s obtained illegally (like without a warrant), it cannot be used in court

Question 18

Griswold v. Connecticut (1965)

Answer 18

opened clinic that helped married people avoid getting pregnant (provided contraceptions); SC sided with Griswold and said clinic should remain open

Question 19

9th amendment

Answer 19

right to privacy (marriage, etc.); has other rights not listed

Question 20

14th amendment

Answer 20

due process clause and equal protection clause

Question 21

Roe v. Wade (1973)

Answer 21

Roe argued that Texas can’t ban abortions; SC sided with Roe and that abortion is protected under the right to privacy

Question 22

Due Process Law

Answer 22

part of 14th amendment; prohibits government from taking any action that would deprive someone of “life, liberty, or property without due process of law”

Question 23

Jackson v. Dobbs (2022)

Answer 23

SC held that Constitution does not say anything on or allow abortion –> left to states to regulate

Question 24

federalism

Answer 24

how power is divided between local, state, and federal governments

Question 25

Gideon v. Wainwright (1963)

Answer 25

guy in Florida charged with breaking and entering and is arrested --> can't afford a lawyer and Florida doesn't give him one; SC says that states must provide a lawyer for people on trial

Question 26

Miranda v. Arizona (1966)

Answer 26

Miranda is an immigrant who is arrested --> says he doesn't understand his rights so he was convicted for no reason; SC agrees about his rights so he is retried but still found guilty (lol)

Question 27

Plessy v. Ferguson (1896)

Answer 27

Plessy doesn't sit in colored car on train and is arrested; SC rules that separate but equal is okay

Question 28

Brown v. Board of Education (1954)

Answer 28

Brown wanted to enroll daughter in all white school but was denied; SC ruled that segregation is unconstitutional because it violates Equal Protection Clause

Question 29

Equal Protection Clause

Answer 29

part of 14th amendment; government may not deny people equal protection of its governing laws

Question 30

US v. Windsor (2013)

Answer 30

NY didn't recognize same-sex marriage so Windsor and her wife couldn't file together for taxes and couldn't get inheritance tax free; SC says that DOMA goes against full faith and credit but didn't legalize same-sex marriage

Question 31

DOMA

Answer 31

defines marriage between people of opposite sex; ruled unconstitutional

Question 32

full faith and credit

Answer 32

each state has to respect the "public acts, records, and judicial proceedings of every other state"

Question 33

Obergefell v. Hodges (2015)

Answer 33

group of people argue that not legalizing gay marriage violates Due Process and Equal Protection clauses; SC agrees and says states can't ban gay marriage

Question 34

US v. Lopez (1995)

Answer 34

Lopez brings a gun to school and is charged with violating a gun free zone --> government has power to regulate interstate commerce which is why law is allowed --> court disagrees

Question 35

Baker v. Carr (1961)

Answer 35

TN urban population grew faster which means they had less power in voting compared to rural population based on district boundaries; Baker argues if you were white you had more power in voting (white people lived in rural areas); SC decides it was unequal under 14th amendment and makes many states redraw boundaries

Question 36

Shaw v. Reno (1993)

Answer 36

trying to gerrymander to make majority minority district based on race --> argues it's unequal; SC decides it's unconstitutional to make district based on race

Question 37

Citizens United v. RED (2010)

Answer 37

CU made movie that made Hillary Clinton look like shit; RED said movie violated law because they needed approval from Clinton; SC says CU is allowed to voice opinions even though they are a big company (freedom of speech)

Question 38

Barron v. Baltimore (1833)

Answer 38

Barron sued for someone doing construction around property and causing damage --> violates 5th amendment; SC says Baltimore can't take property

Question 39

5th amendment

Answer 39

protects against double-jeopardy, self-incrimination, or testifying against yourself; eminent domain

Question 40

Gitlow v. New York (1925)

Answer 40

Gitlow revolted using political strikes and protests and argued that New York doesn't protect first amendment right --> selective incorporation of first amendment to states

Question 40

Gitlow v. New York (1925)

Answer 40

Gitlow revolted using political strikes and protests and argued that New York doesn't protect first amendment right --> selective incorporation of first amendment to states

Question 41

commercial speech

Answer 41

communication in the form of advertising, which can be restricted more than many other types of speech

Question 42

civil law

Answer 42

two private parties disputing about money or property; no crime is actually committed

Question 43

criminal law

Answer 43

someone actually committed a crime

Question 44

appellate court

Answer 44

constitutional or unconstitutional (not talking about guilty or not guilty)

Question 45

standing to sue

Answer 45

the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from another party or from an action of government

Question 46

original jurisdiction

Answer 46

the jurisdiction of courts that hear a case first, usually in a trial; these are courts that determine the facts about a case

Question 47

district courts

Answer 47

the 91 federal courts of original jurisdiction; they are the only federal courts in which trials are held and in which juries may be impaneled

Question 48

solicitor general

Answer 48

a presidential appointee and the third-ranking office in the Department of Justice; the solicitor general is in charge of the appellate court litigation of the federal government

Question 49

judicial implementation

Answer 49

how and whether court decisions are translated into actual policy, thereby affecting the behavior of others; the courts rely on other units of government to enforce their decisions

Question 50

Marbury v. Madison (1803)

Answer 50

Chief Justice John Marshall and his associates first asserted the right of the SC to determine the meaning of the US constitution; established the court's power of judicial review over acts of congress

Question 51

judicial review

Answer 51

power of the courts to determine whether acts of congress and by implication the executive are in accord with the US Constitution

Question 52

judicial restraint

Answer 52

an approach to decision making in which judges play minimal policymaking roles and defer to legislatures whenever possible --> courts are only there to determine constitutionality

Question 53

judicial activism

Answer 53

an approach to decision making in which judges sometimes make bold policy decisions, even charting new constitutional ground --> more liberal (if there's a problem, court should fix it)

Question 54

statutory construction

Answer 54

the judicial interpretation of an act of Congress; in some cases where statutory construction is an issue, Congress passes new legislation to clarify existing laws

Question 55

dissenting opinion

Answer 55

minority side of the SC decision

Question 56

concerning opinion

Answer 56

in the majority of the SC decision but for different political reasons

Question 57

rule of 4

Answer 57

4 justices must agree to hear the case before the case is taken (not the majority)