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Civil Liberties
Civil Liberties
Bill of Rights, Amendments, & Related Cases
Civil Rights
Civil Rights
100
This clause is at the center of the debate over prayer in school and over federal funding to private religious schools. Identify the clause and a related case.
What is Establishment Clause and Engel v. Vitale (1962) which prohibited state-sponsored prayer in public schools b/c of the 1st Amendment Establishment clause and the 14th Amendments Due Process Clause.
100
This case extend this privilege (right) to cases tried in state courts. Name the case and right and the related amendment.
What is Gideon v. Wainwright (1963), Right to Counsel, and 6th Amendment. Gideon also established the right of silence to an accused person.
100
The Supreme Court ruled that the Bill of Rights did not protect individuals against state governments.
What is Barron v. Baltimore (1833)
100
The Supreme Court officially recognized a policy of "separate but equal" facilities, thereby endorsing the practice of segregation.
What is Plessy v. Ferguson (1896)
100
This amendment granted women the right to vote. Another amendment followed this but was it was never ratified by 3/4 of state legislatures.
What is 19th Amendment (1920); Equal Rights Amendment
200
Define "Prior Restraint" and identify two cases involving the issue of prior restraint. One where the government was not allowed to restrain censorship of the press and one where speech could be curtailed. If curtailed, what doctrine does it fall under?
What is Near v. Minnesota (1931) court favored the press and Schenck v. US (1919) court denied freedom of speech b/c it threaten public order (Wartime case). Clear and Present Danger Doctrine.
200
The Supreme Court confirmed that the death penalty does not violate the Bill of Rights (that it is not "cruel and unusual punishment"). Identify both cases.
What is Gregg v. Georgia (1976) and McCleskey v. Kemp (1987)
200
The Court reversed its earlier decision from the Barron case, citing the due process clause of the 14th Amendment as its rationale. Name the case and state why the 14th Amendment applies.
What is Gitlow v. NY (1925). The reasoned that the 14th Amendment protects the liberties of speech and free press rights found in the 1st. Amendment against government incursions. Gitlow began a tradition called "selective incorporation" by which the Sup.Ct. freedoms guaranteed by the Bill of Rights have gradually applied to the states.
200
Overturned the Plessy case—asserting that segregation is unconstitutional—and ordered the desegregation of public schools. Also include the 1964 Act passed to enforce the decision in the overturning case and what it accomplished.
What is Brown v. Board of Education (1954). Civil Rights Act—outlawed racial discrimination in public places, prohibited discrimination in employment, w/held govt funding f/schools practicing discrimination.
200
This case established a "minimum scrutiny" standard for determining gender discrimination. Since then, the Court has struck down laws that discriminate against both women and men. Also, explain "strict scrutiny".
What is Craig v. Boren (1976). Strict Scrutiny—distinctions are highly suspect and are allowed only if they are narrowly tailored to serve a compelling government interest.
300
The Supreme Court established a 3-part test in this case to decide whether to allow federal funding of parochial schools. The Court ruled that as long as money neither advances nor prohibits religious teaching funding will be permitted. Name the 2002 related case where state vouchers were allowed.
What is Lemon v. Kurtzman (1971) and Zelman v. Simmons-Harris.
300
This case established the right to privacy, which became more controversial when the same principle was applied in a later case. Identify both cases and the Court's ruling.
What is Griswold v. Connecticut (1965) established the right to privacy and Roe v. Wade (1973) which forbid states from controlling abortions during the first trimester of pregnancy.
300
Being prosecuted twice for the same offense was banned. Identify the clause or term and the related amendment.
What is Double Jeopardy and the 5th Amendment.
300
The Supreme Court allowed busing to be used as means to balance racial percentages in schools (1971).
What is Swann v. Charlotte-Mecklenberg Country Schools.
300
In this case, a white student sued the university for admitting a lower scoring minority student so that the university could fulfill its enrollment quota. Identify the case and the Court's ruling.
What is Regents of the UC v. Bakke (1978). The Court ruled that race could be used as one factor by which to choose applicants, but that enrollment quotas were unconstitutional.
400
This case struck down a Texas law that banned flag burning, which is a protected form of symbolic speech.
What is Texas v. Johnson (1989)
400
The Supreme Court upheld a Missouri law in this case that prevented the use of state funds for abortion clinics and that prohibited state employees from performing abortions.
What is Webster v. Reproductive Health Services (1989). Gave more leeway for states in regulating abortion, though no overturning of Roe v. Wade.
400
Drawing of legislative boundaries to give electoral advantages to a particular racial group. "Majority-Minority" districts include large numbers of racial minorities in order to ensure minority representation in legislatures.
What is Racial Gerrymandering
400
This amendment granted African Americans the right to vote. Southern states circumvented the law by instituting literacy tests, which most ex-slaves could not pass, and poll taxes.
What is 15th Amendment (1870)
400
In this case, the Court ruled against affirmative action because it still classified people by race and is therefore unconstitutional.
What is Adarand Constructors v. Pena (1995). In recent years, the court has made decisions about affirmative action on a case-by-case basis, rather than assuming a single position.
500
Prevents prosecutors from using evidence acquired through unreasonable search and seizure. Name the Supreme Court guideline/test, the related Amendment, and related case.
What is the Exclusionary Rule, the 4th Amendment, and Mapp v. Ohio (1961). Mapp extended the exclusionary rule to state cases as well as federal.
500
In this case the Court upheld the Partial Birth Abortion Action of 2003.
What is Gonzales v. Carhart (2007)
500
Established national supremacy of the federal government over the states; implied powers; use of this clause __________.
What is McCulloch v. Maryland (1819) and the Elastic Clause
500
In this case, the Supreme Court found a law unconstitutional based on arbitrary gender bias.
What is Reed v. Reed (1971)
500
A clause in the 14th Amendment that prohibits states from denying equal protection under the law. It has been used to combat discrimination.
What is the Equal Protection clause.