Bill of Rights
The 6th and 7th amendments both deal with court proceedings. What is the big differences with the types of cases/proceedings that the 6th and 7th amendments are referring to?
6th amendment- Criminal
7th Amendment- Civil
Which amendment was first applied to the states via selective incorporation?
1st amendment
What methods did the NAACP use in the first half of the 20th century to further civil rights?
Litigation
This case established the doctrine of separate but equal and allowed for segregation to be legal for the following 70 years
Plessy v. Ferguson
A family pulls their children out of school before the 9th grade due to religious reasons. Which case protects their right to do this?
Yoder v. Wisconsin
Name the five freedoms protected by the 1st amendment
Speech, Religion, Petition, Assembly, Press
Define Selective Incorporation and Due Process
Selective Incorporation- A judicial doctrine whereby most, but not all, protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment.
Due Process- Citizens should be treated fairly throughout the judicial process. Due process clauses of the 5th and 14th amendments protects citizens from arbitrary or unjust state or federal laws
Why did segregation not end with the decision of Brown v. Board?
The decision did not outline how or when states had to desegregate so the South was able to delay/resist desegregation
A group of students are suspended from school for wearing bracelets that say "Free Palestine". Which case that we've learned about this unit would provide precedent that would protect the students actions?
Tinker v. Des Moines
The lawyer for the United Health CEO shooter is arguing that his client was not informed of his right to remain silent and that he had the right to an attorney before his belongings were searched. Which case from the unit would the lawyer reference when making this claim?
Miranda v. Arizona
Rhode Island bans businesses from displaying billboards. This amendment is being challenged for being against the 1st amendment. Which amendment could Rhode Island use to defend their case?
10th amendment
What rights did Gideon v. Wainwright and Miranda v. Arizona successfully apply to the states via selective incorporation?
Right to an attorney
Right to remain silent (self-incrimination)
According to MLK's Letter from Birmingham Jail, what are the differences between just and unjust laws?
Any law that uplifts people is just (follows humanity's moral code) A just law is created by the majority for everyone to follow equally
Any law that degrades someone is unjust (does not follow humanity's moral code) An unjust law is created by the majority for the minority to follow but not the majority
A student sues their public school after they are suspended for not joining their class in prayer. Which case from this unit would provide precedent for the court to rule in the student's favor?
Engel v. Vitale
The Washington Post publishes papers that were classified by the US government. These papers are very relevant to the lives of the American people, and don't cause any safety concerns for the U.S. Which case would set precedent for their right to do so?
New York Times Co. v. U.S
What are the five rights protected by the Fifth Amendment
Name 2 of the amendments in the Bill of Rights that have not fully been applied to the states via selective incorporation
3rd, 5th, 7th, 8th
At Heather's public school the boy's baseball team is given a brand new stadium and is allowed to purchase brand new equipment every year. The girl's softball team is not allowed to play at the new stadium, instead playing on an old dirt field. The softball team has not been given new equipment in 20 years. What law would Heather use to challenge the school's treatment of the girl's team?
Title IX
(If you say equal protection clause of the 14th I'll give it to you)
In Schenck v. United States, why did the court feel that what Schenck wrote was not protected by freedom of the press?
Double or nothing, What was Schenck writing about?
They felt that his words were dangerous to the health of the nation. Took the side of public order over individual rights
He was telling people to avoid the draft in WWI as he felt it was involuntary servitude
Which case set the precedent that abortion was protected by the constitution, and which case overturned this precedent?
Roe v. Wade
Jackson v. Dobbs
The right to privacy is not specifically mentioned in the constitution. What amendments are used to justify the right to privacy. Specify which part of each amendment!
3rd amendment- soldiers can't stay in private residences
4th amendment- Private residences can't be searched without cause
5th amendment- due process clause
9th amendment- all rights not protected by the Constitution are given to the people
14th amendment- Due process clause
For this question you must tell me
1. What right guaranteed in the Bill of Rights is debated in the case Palko v. Connecticut
2. What was the verdict
3. What was the reasoning given for the verdict by the majority
Double or Nothing: Tell me what case overturned the precedent set by Palko v. Connecticut
1. Right against double jeopardy
2. Ruled that double jeopardy is not applied to the states
3. Protection against double jeopardy is not a fundamental right. Only fundamental rights can be applied to the states via the 14th amendment's due process clause
4. Benton v. Maryland
Name every civil rights movement we have discussed in class.
You will gain an additional 100 points for naming an accomplishment for each group (limit 1 per movement)
African Americans (desegregation, voting rights)
Women (Voting, equal treatment)
Hispanics (equal protection for all races, better working conditions/ pay)
Native Americans/ American Indians (land, hunting, and fishing rights, citizenship)
Asian Americans (citizenship, reparations)
LGBTQ+ (marriage, privacy)
Dillon is arrested for owning a gun which violates his city's gun laws. Dillon's lawyers argue that the city's gun laws are in violation of the 2nd amendment. Which two cases from this unit would his lawyers use to argue that the 2nd amendment applies to the cities laws?
McDonald v. Chicago
District of Columbia v. Heller
A state law that allows people to be recorded without their consent is challenged for the being unconstitutional. What constitutional right is at play here and which case from the unit fully established this right.
Double or nothing: Which case from the unit was the first to hint at this being a constitutional right?
The right to privacy
Griswold v. Connecticut
Pierce v. Society of Sisters