Random A
What was the name of the law that required all schools to spend equally on boys and girls education, and had particular resonance in the realm of athletics?
Title IX *of the Education Amendments Act of 1972)
What is the judicial philosophy that dictates that judges should rely on “precedent” (aka prior decisions)?
Stare Decisis
Name one thing an originalist will look to in order to make their ruling.
Documents contemporaneous to ratification of the clause, such as speeches, committee minutes, laws passed, etc.
Under Lemon v. Kurtzman the Supreme Court established the following test to evaluate a law: (a) the law must have a secular purpose, (b) it can neither advance nor inhibit religion, and (c) it must avoid excessive government entanglement with religion. What clause in the Constitution is this test evaluating?
Anti-Establishment (First Amendment)
What clause forms the foundation of the principle “separation of church and state”?
Anti-Establishment (First Amendment)
What was the name of the law that tried to limit the amount of money one could spend on campaigns and elections, banning soft money, and restricting independent expenditures?
BiPartisan Campaign Finance Reform Act aka McCain-Feingold
What amendment guarantees the right to an attorney in federal criminal matters?
Sixth Amendment
A community that is 90% Christian creates a Christmas display with overtly religious figures in it. What clause in the Constitution would be critical in filing a lawsuit to prevent this?
Anti-Establishment (First Amdendment)
What does the Supreme Court call speech without words, such as flag burning?
Symbolic Speech (And it is as protected as normal speech)
What case legalized gay marriage?
Obergefell v. Hodges
Which Amendment was successfully argued against McCain-Feingold (or the BPCFRA) in Citizen’s United?
First Amendment
Required Case: What case incorporated the right to an attorney on the state level?
Gideon v. Wainwright
How is the incorporation of the Sixth Amendment, under Gideon v. Wainwright, unique?
It is one of the only rights in which government will provide the element (here, lawyers), if one cannot afford it.
While Brown explicitly deals with de jure segregation, banning it almost entirely, what type of race-based segregation is still lawful, though contains several challenges?
De Facto Segregation
What amendment failed ratification that would have given women full legal equality?
Equal Rights Amendment
What is the phrase used to describe when the Supreme Court applies a clause in the Bill of Rights against the States.
Selective Incorporation
Under the doctrine of prior restraints, if someone leaks classified information to a media outlet, who can be punished?
The Leaker Only. NYT v. US: “heavy presumption against prior restraints”
One of the guarantees of the First Amendment, establishing that citizens can contact government officials, voice their concerns, and not be afraid of punishment for doing so. The right to _____
Petition
What level of scrutiny for laws that distinguish between gay and straight?
Rational Basis
The Bill of Rights not only solely applied to the federal government, but they are all rights that restrict government interference, rather than giving citizens something. These are known as __________ rights.
Negative
Required Case: What was the most recent example of Selective Incorporation? What was the name of the case and what was it about?
McDonald v. Chicago; Second Amendment
If someone were to argue that the Second Amendment was only intended to protect a state’s right to form a militia and never was meant to guarantee an individual’s right to bear arms, what kind of judicial philosophy would this be?
Original Intent or Originalism
Required Case: What case established that the limit on Freedom of Speech is “clear and present danger”?
Schenck v. US
The most powerful women's interest group that advocated for equality extensively in the 1960s and 1970s.
National Organization for Women
What strategy did groups opposed to Roe v. Wade develop? In other words, what was their political target in their campaign?
President/Supreme Court. Pro Life groups organized to elect presidents who would nominate conservative Pro Life justices to the Supreme Court.