Unit 3: exam

Question 1

what is due process

Answer 1

a citizen who will be affected by a government decision must be given advance notice of what the government plans to do and how the government’s action may deprive them of life, liberty, or property

Question 2

what is the difference be substantive and procedural due process

Answer 2

Procedural due process refers to the process used to try and convict defendants accused of crimes, while substantive due process is a principle allowing courts to prevent government interference with fundamental rights

Question 3

what is selective incorporation

Answer 3

piecemeal process (applying the bill of rights to cases where it is relevant)

Question 4

what year was the civil rights act passed

Answer 4

1964

Question 5

what is the exclusionary rule

Answer 5

a rule that evidence obtained without a warrant is inadmissible in court

Question 6

1st amendment

Answer 6

• freedom of speech, press, etc

Question 7

2nd amendment

Answer 7

right to bear arms

Question 8

4th amendment

Answer 8

gov may not search or take a person’s property without a warrant

Question 9

5th amendment

Answer 9

a person may not be tried twice for the same crime and does not have to testify against themself

Question 10

6th amendment

Answer 10

• speedy trial
• impartial jury
• lawyer

Question 11

8th amendment

Answer 11

cruel and unusual punishment + unreasonable fines

Question 12

14th amendment

Answer 12

• bill of rights is applied to the states
• states can’t deprive people of life liberty and property
• citizenship

Question 13

establishment clause

Answer 13

can’t establish a national relgion

Question 14

what is prior restraint (and who is it limited to)

Answer 14

the suppression of material prior to publication on the grounds that it might endanger national security - federal gov

Question 15

roe v. wade

Answer 15

Principle: whether the right privacy was supported in the Constitution
Summary: Jane Roe couldn’t get an abortion in texas because of the law saying abortions were illegal unless the mother’s life was endangered
Holding: abortion fell into the right to privacy (thx to Griswold v. Connecticut) and was protected under the 14th amendment

Question 16

Brown v. Board

Answer 16

Principle: equal protections clause, 14th amendment
summary: a series of cases under one name, Overturned Plessy’s standard of “separate but equal”, and outlawed racial segregation in schools
Holding: “separate but equal” was unequal and was unconstitutional., and desegregation must be done with “deliberate speed”

Question 17

Gideon v. Wainwright

Answer 17

Principle: 6th amendment
Summary: He couldn’t afford an attorney, and he wasn’t given a court appointed one either by the state of Florida
Holding: the 6th amendment applies to the states via the 14th amendment

Question 18

Mcdonald v. Chicago

Answer 18

Constitutional principle: 2nd amendment and selective incorporation
Summary: Chicago passed a handgun law that basically outlaws handguns
Holding: Through the 14th amendment due process clause the 2nd amendment was incorporated because the right to self defense was a fundamental right

Question 19

NYT v. United States

Answer 19

Principle: prior restraint, 1st amendment freedom of the press
Summary: also called the pentagon papers case. NYT tired to publish stuff from the Defense Department. Nixon tried to stop it before it got published (prior restraint)
Holding: In favor of NYT as prior restraint thought to hurt the freedom of the press (even in national security issues)

Question 20

Schneck v. The United States

Answer 20

Principle: First Amendment, Espionage Act (whether it was constitutional or not)
Summary: in WWI socialist leaflets said the draft violated the 13th amendment. Charles was charged under the espionage act
Holding: espionage act didn’t violate the 1st amendment and was an appropriate act on Congress

Question 21

Tinker v. Des Moines

Answer 21

Principle: symbolic speech, freedom of speech clause, 1st amendment
Summary: students wore armbands in protest, they were sent home/punished by the school. Students said their freedom of speech was violated
Holding: the speech must substantially interfere with the learning process to be justifiablejustfiable for punishment

Question 22

Wisconsin v. Yoder

Answer 22

Principle: 1st amendment free exercise clause
Summary: Amish parents, due to religious reasons, didn’t want to send their kids to school past eighth grade (which as mandatory as of Wisconsin law)
holding: the individuals right to free exercise was greater than a federal interest in sending kids to school past 8th grade

Question 23

Engel v. Vitale

Answer 23

Principle: establishment clause
Summary: New York Board of Regents made voluntary school prayer (also nondenominational)
Holding: schools can hold prayers, even if they are nondenominational and voluntary as the act of praying is religious. Religious activity in a government funded school (public school) goes against the establishment clause of the first amendment