The Supreme Court
Due Process
fair treatment through the normal judicial system, especially as a citizen's entitlement. "nor be deprived of life, liberty or property, without due process of law"
The president is most likely to use a court-curbing measure, like refusing to enforce a Supreme Court decision, when:
Supreme court decision is controversial
United States v. Lopez (1995)
Commerce clause of Constitution does not give Congress the power to regulate guns near state-operated schools "(introduced) a new phase of federalism that recognized the importance of state sovereignty and local control."
Which of the following is a legitimate course of action for Congress to take to place a restriction on the Supreme Court?
Pass legislation to modify the impact of the decision
Which of the following constitutional provisions gives Congress the power to change the Supreme Court's appellate jurisdiction?
exceptions clause in Article III
What does the 9th amendment mean?
means that people have more rights than listed in the bill of rights, and those clear God given rights cannot be denied by the government. For example people have the right to marry, the government cant take away that right, nor can they put up barriers so you can't practice the right. In America you have the right to privacy meaning law enforcement/ everyday people cannot just walk into your house without permission.
judicial activism
A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process.
What does it mean for the Supreme Court to nullify a law?
it strikes down the law.
Press - Prior Restraint
form of censorship that allows the government to review the content of printed materials and prevent their publication
Brady Handgun Violence Prevention Act (1993)
have 5 day waiting for a parched gun, the period is for background check to run
9th Amendment
Citizens entitled to rights not listed in the Constitution
search warrant
A court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence
Court Curbing
A direct attempt by Members of Congress to pass into law an act that would damage the institutional authority and policy-altering capacity of the Supreme Court.
judicial restraint
A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
Precedents are best defined as which of the following?
A legal decision that establishes a rule for similar cases going forward
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Judiciary Act of 1789
Act that established a federal district court in each state and three circuit courts to hear appeals from the districts, with the Supreme Court having the final say.
Judicial Review
Allows the court to determine the constitutionality of laws
Marbury v. Madison
An early Supreme Court case that affirmed the Court's power of judicial review by striking down a law made by Congress as unconstitutional.
Which of the following may the president do to limit the Supreme Court's power?
Appoint new justices to the Supreme Court
Title IX of Education Act of 1972
forbids gender discrimination in federally subsidized education programs, including athletics
right to counsel
the Constitution that requires criminal defendants to have access to legal representation.
Civil Law
Codes of behavior related to business and contractual relationships between groups and individuals.
Brown v. Board of Education (1954)
"separate but equal is inherently unequal," and therefore racial segregation of public schools is unconstitutional. The segregated schools allowed by the previous Plessy case were declared unconstitutional.
Eminent Domain (5th Amendment)
- taking of private property by government for public use, must have reason to take the property, must give just compensation (not fair market value)
24th Amendment
Abolishes poll taxes
8th Amendment
Excessive Bail Cruel & Unusual Punishment -current restrictions on who the state can put to death
What branch do they need to go to to get a search warrant?
Judicial branch
8th Amendment
No cruel or unusual punishment
Row v. Wade
legalized abortion
Hyde amendment
" bans using federal Medicaid to cover abortions but not limit a state's ability to use its funds to cover abortion."
Baker v. Carr (1962)
"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's judicial activism.
do the police need to get a warrant if they see a crime being committed in plain view? True or false
False
speedy and public trial
the government cannot keep someone in jail for unspecified offenses.
original jurisdiction
the jurisdiction of courts that hear a case first, usually in a trial. these are the courts that determine the facts about a case. Supreme Court has both original and appellate jurisdiction.
orginial jurisdiction
the power to hear a case for the first time
senatorial courtesy
unwritten tradition whereby nominations for state-level federal judicial posts are not usually confirmed if they are opposed by a senator of the president party from the state in which the nominee will serve.
Due Process Clause
14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
amicus curiae
A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side.
Judiciary Activism
Less bound by the precedent, courts duty is to encourage social change
4th Amendment
Protection against Unreasonable Search and Seizure
Bill of Rights
First ten amendments to the Constitution, drafted by Madison, placed limitations of government and protects natural rights.
Civil Liberties
list of rights protecting you from the government
double jeopardy
Being tried twice for the same crime
Which of the following statements describes a way for the executive branch to limit the Supreme Court's power?
By appointing new Supreme Court justices
"Today, liberals and conservatives alike blithely rely on the Court to settle society's toughest issues—at the expense of the two branches of government that are designed to be democratic. . . . "The corrosive result is twofold: an arrogant Court and an enfeebled Congress that rarely is willing to tackle the toughest issues. Each feeds on the other. The justices often step in because they believe the members of Congress—elected by the people though they may be—act like fools or, like cowards, fail to act. Happy to stay off the battlefield, Congress seldom raises a peep, other than to crowd the cameras during occasional Senate confirmation hearings on a new justice. The result is dwindling public faith in both institutions." -Source: David A. Kaplan, The Most Dangerous Branch: Inside the Supreme Court in the Age of Trump, 2019 Based on the text, which of the following statements would the author most likely agree with?
By issuing unpopular decisions, the Supreme Court invites challenges to its legitimacy from the American public.
5th amnedment
Can be tried for serious federal crimes if they have been indicted Can't be tried for the same crime twice Can't be a witness for himself Can't be deprived of natural rights Can't take private pottery without just compensation// the property has to be used for public property
What limitations are there on applying the death penalty?
Circumstances leading to the crime must be taken into account, people who are mentally disable, and people under the age of 18
Criminal Law
Codes of behavior related to the protection of property and individual safety
Warrentless Searches
Conducted by police when it is suspected that someone is committing or about to commit a crime; can also be conducted if there is consent, plain view, hot pursuit, vehicles, emergency situations, border/airport
Which of the following may the judicial branch do to limit the power of the president?
Declare an executive order unconstitutional
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws. "Nor shall any State deprive any person of life, liberty, or property without due process of law".
McCulloch v. Maryland (1819)
Established national supremacy; established implied powers; use of elastic clause; state unable to tax fed. Institution; John Marshall; "the power to tax involves the power to destroy."
Chris Wallace: "Mr. Trump, you're pro-life. But I want to ask you specifically: Do you want the court, including the justices that you will name, to overturn Roe v. Wade, which includes -- in fact, states -- a woman's right to abortion?" Donald Trump: "Well, if that would happen, because I am pro-life, and I will be appointing pro-life judges, I would think that that will go back to the individual states. Trump: "Well, if we put another two or perhaps three justices on, that's really what's going to be -- that will happen. And that'll happen automatically, in my opinion, because I am putting pro-life justices on the court. I will say this: It will go back to the states, and the states will then make a determination." -Presidential candidate Donald Trump, Final Presidential Debate, 2016 Which of the following statements is most consistent with President Trump's argument in this passage?
He will nominate Supreme Court justices who share his policy preferences in order to achieve his policy goals
New Jersey vs TLO case
High school student caught smoking in bathroom. School official searched her purse found drugs and evidence of selling marijuana. Lawyers appealed evidence but supreme court ruled the search constitutional and sided with the school. Fourth amendment applies to police not schools.
judicial implementation
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.
precedent
How similar cases have been decided in the past.
Based on the infographic and your knowledge of the Supreme Court, which of the following statements could be considered an accurate conclusion?
Ideological changes in the Supreme Court can lead to the Court rejecting existing precedents
Which of the following statements best describes the information in the infographic above?
In general, the Warren Court changed precedents to be more liberal and the Burger Court altered precedents to be more conservative
how does that wording of 2nd amendment relate to the regulation of guns in pre-Revolutionary America
In pre revolutionary America people (specifically the state men) thought that that the militia would most likely not be corrupt or abuse the power/ right to firearm. They simply hope there wouldn't be corruption.
How does the 5th Amendment right against self-incrimination protect defendants?
It helps the defect not incriminate himself or say/show any evidence that could end him up in jail, especially being forced by law enforcement or others. It just says that criminals don't have to answer
Which statement accurately summarizes the impact of the Marbury v. Madison (1803) decision?
It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president
Based on the information in the infographic, which of the following statements accurately describes the effect the Burger Court had on existing precedents?
It made slightly more conservative changes to precedent than liberal changes
Which of the following statements best explains how stare decisis influences Supreme Court justices?
It makes justices more likely to defer to previous Supreme Court decisions
Which of the following statements best explains how judicial activism influences decisions made by individual justices when deciding cases heard by the Court?
Justices are influenced by the social effects the decision might have on the public
"That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the courts of justice, can certainly not be expected from judges who hold their offices by a temporary commission. Periodical appointments, however regulated, or by whomsoever made, would, in some way or other, be fatal to their necessary independence." -Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following government policies would the author most likely support?
Life terms, pending good behavior, for Supreme Court justices
"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid." -Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Supporters of Hamilton's view that acts contrary to the Constitution are invalid could point to which of the following cases?
Marbury v. Madison
In United States v. Nixon (1974), the Supreme Court ruled that President Nixon was not exempt from a court order that required him to release White House tapes. It upheld the right of the Court to "say what the law is," as Chief Justice Warren Burger wrote in the Court's majority opinion. Which prior Supreme Court case could be cited as a precedent for the majority decision in United States v. Nixon (1974)?
Marbury v. Madison (1803)
In Gonzalez v. Raich (2005), the Supreme Court ruled that the commerce clause gave Congress the authority to ban the use of marijuana, despite conflicting state law. In the Court's majority opinion, Associate Justice John Paul Stevens argued that local use of marijuana affected the supply and demand of the national marijuana market. Which prior Supreme Court case could be cited as a precedent for the majority decision in Gonzalez v. Raich (2005)?
McCulloch v. Maryland (1819)
McDonald v. Chicago
McDonald along with Chicago residence tried to get restriction to own a gun, but Chicago refused to let them register for the handgun. McDonald claimed the only reason he wanted a handgun was because he was in a high crime area and he need it for protection against others.
Shaw v. Reno (1993)
NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.
writ of certiorari
Order by the Supreme Court directing a lower court to send up the records of a case for review
- How can the police obtain a warrant to search an area?
Police officers have to go to court, tell the court their reason for wanting to search the area and what evidence they have to prove their suspicion. If the court agrees with the police officer's suspicion then they would issue the officers a warrant to go search people's private property
Chris Wallace: "Mr. Trump, you're pro-life. But I want to ask you specifically: Do you want the court, including the justices that you will name, to overturn Roe v. Wade, which includes -- in fact, states -- a woman's right to abortion?" Donald Trump: "Well, if that would happen, because I am pro-life, and I will be appointing pro-life judges, I would think that that will go back to the individual states. Trump: "Well, if we put another two or perhaps three justices on, that's really what's going to be -- that will happen. And that'll happen automatically, in my opinion, because I am putting pro-life justices on the court. I will say this: It will go back to the states, and the states will then make a determination." -Presidential candidate Donald Trump, Final Presidential Debate, 2016 Which of the following statements best explains how a president's ideology can influence presidential nominations to the judiciary?
Presidents nominate Supreme Court justices who are likely to be sympathetic to their views, changing the ideological leanings of the Court
What loopholes exist in the Brady Handgun Violence Prevention Act (1993) legislation?
Private collector- you could have purchased gun from shady people without waiting for a background check or Purchase gun from gun shows
Regents v. Bakke
Race can be considered in admissions, but no racial quotas are allowed
Rule of Four
Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Chris Wallace: "Mr. Trump, you're pro-life. But I want to ask you specifically: Do you want the court, including the justices that you will name, to overturn Roe v. Wade, which includes -- in fact, states -- a woman's right to abortion?" Donald Trump: "Well, if that would happen, because I am pro-life, and I will be appointing pro-life judges, I would think that that will go back to the individual states. Trump: "Well, if we put another two or perhaps three justices on, that's really what's going to be -- that will happen. And that'll happen automatically, in my opinion, because I am putting pro-life justices on the court. I will say this: It will go back to the states, and the states will then make a determination." -Presidential candidate Donald Trump, Final Presidential Debate, 2016 Based on his statement in the passage, which of the following policy goals does Trump want to promote through ideological appointments to the Supreme Court?
Reversing the precedent that the right of privacy extends to a woman's decision to have an abortion
2nd Amendment
Right to bear arms
"This week, we have twice seen Supreme Court Justices violating their judicial oaths. Yesterday, the Justices re-wrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5-4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government. . . . That is unacceptable. On the substantive front, I have already introduced a constitutional amendment to preserve the authority of elected state legislatures to define marriage as the union of one man and one woman, and also legislation stripping the federal courts of jurisdiction over legal assaults on marriage." Which of the following explains Senator Cruz's motivation for writing the excerpt above?
Senator Cruz believes that the Supreme Court made several controversial decisions that undermine states' rights under the Constitution.
9th Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Gideon v. Wainwright (1963)
Supreme Court case in which the Court ruled that a defendant in a felony trial must be provided a lawyer free of charge if the defendant cannot afford one.
9th Amendment
That there are rights that are protected and cannot be denied by the government, even though not explicitly listed in the bill of rights.
"The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act. Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it." John Marshall, decision in Marbury v. Madison (1803) Which of the following statements is most consistent with Marshall's argument in this passage?
The Constitution is above ordinary laws
"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid." -Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following statements best summarizes Hamilton's argument?
The Supreme Court should have the power of judicial review
"So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply." -John Marshall, decision in Marbury v. Madison (1803) Which of the following statements best summarizes Marshall's argument?
The Supreme Court should judge whether a law is constitutional
Tinker v. Des Moines
The Tinker family and other student planned on wearing a black armband(to school) to protest the Us involvement in Vietnam war The Schools admins predicted that this behavior will cause a destruction in the learning environment, They placed a new policy saying that if any student wears a black armband then they will face suspension until they decide to stop their protest. Tinkers kids got superseded and the parent sued the school in a U.S district court The case that ruled that students do not lose Constitutional rights when they entered the building but they can be limited if they cause a disruption
how the bill of rights went from only applying to the federal government to applying to the states as well?
The constitution along with the bill of rights was created to protect people rights the feds wanted to make sure that the state government were not taking advantage of people (taking away their rights), that is why there was a shift from just the federal government to all government. Due process is the concept of fairness and just and this to was created to stop government from making decisions that would take away people life and liberty
Gideon v. Wainwright ruling
The court ruled in favor of Gideon saying that states should provide lawyers to people who can't afford one, this applies to all cases not just capital.
1965 Voting Rights Act
ended literacy tests and poll taxes; allowed officers to register voters
What did the court decide regarding the Heller vs dc
The judges rule in favor of Heller staying the individual should have guns for the purpose of self defense.
name a power of the powers of the judicial branch and the powers of the legislative branch?
The judicial branch interprets the Constitution, but Article III gives the power of establishing courts lower than the Supreme Court to Congress.
"The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority . . . Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing." -Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following statements best summarizes Hamilton's argument?
The judicial branch is responsible for interpreting the Constitution and judging whether the laws passed by Congress are constitutional
Appellate jurisdiction
The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.
Gun Control Act of 1968
ended sale of guns and ammunition and banned sales to felons
selective incorporation
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
6th Amendment
The right to a Speedy Trial by jury, representation by an attorney for an accused person
Roe v. Wade
Women were getting illegal abortions and died as a result of the abortion, Roe wanted an abortion but where she lived abortion was available for only life threating and the case was sent to the supreme court. (1973) legalized abortion on the basis of a woman's right to privacy
Furman v. Georgia
This 1972 Supreme Court case struck down all state laws allowing the death penalty stating that they allowed for too much discretion on the part of the judge and jury resulting in lack of consistent administration of the penalty.
1964 civil Right Act
This act prohibited Discrimination because of race, color, sex, religion, or national origin by employers or labor unions
In United States v. Morrison (2000), the Supreme Court struck down the part of the Violence Against Women Act that made gender-motivated violence a federal crime, as it was not related to the commerce clause. Which prior Supreme Court case could be used as a precedent for the majority decision in United States v. Morrison (2000)?
United States v. Lopez (1995)
The court argued in the Griswold case that the right to privacy can be seen in the shadows of the
first , Third, fourth, and Ninth Amendments.
Why do you think you have less rights in school than at home?
You have less rights at school than you do at home because the school officials do not need as much suspicion as police officers to discipline students.
Search & Seizures
a law enforcement agent's examination of a person's home, vehicle, or business to find evidence that a crime has been committed
Search Warrants
a legal document authorizing a police officer or other official to enter and search premises.
concurring opinion
a signed opinion in which one or more members agree with the majority view but for different reasons
How are your rights different in school?
admin have ensured a safe and productive environment and when you walk into the property you give up some of the right to ensure a safe and educational environment. Your rights to privacy are limited, your right to speech is limited, and the right to bear arms doesn't stand
Under Chief Justice Warren, the Supreme Court established several precedents which drew criticism for interfering with state powers and the powers of the other branches. Which of the following actions may the president take to change how the Supreme Court rules on similar cases in the future?
appoint new supreme court justice
Which of the following presidential actions is an example of court-curbing?
appointing justices that shift the ideological balance of the Supreme Court
"This week, we have twice seen Supreme Court Justices violating their judicial oaths. Yesterday, the Justices re-wrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5-4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government. . . . That is unacceptable. On the substantive front, I have already introduced a constitutional amendment to preserve the authority of elected state legislatures to define marriage as the union of one man and one woman, and also legislation stripping the federal courts of jurisdiction over legal assaults on marriage." Which of the following explains Senator Cruz's motivation for writing the excerpt above?
believes that the Supreme Court made several controversial decisions that undermine states' rights under the Constitution.
New York Times Co v. United States (1971)
bolstered the freedom of the press guaranteed by the First Amendment. In a 6-3 vote, the Court established that there was a "heavy presumption against prior restraint" even for national security purposes. This is a key case to know for freedom of the press!
"This week, we have twice seen Supreme Court Justices violating their judicial oaths. Yesterday, the Justices re-wrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5-4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government. . . . That is unacceptable. On the substantive front, I have already introduced a constitutional amendment to preserve the authority of elected state legislatures to define marriage as the union of one man and one woman, and also legislation stripping the federal courts of jurisdiction over legal assaults on marriage." In which of the following ways could Congress limit the Supreme Court's power of judicial review?
change the Supreme Court's appellate jurisdiction
Which of the following describes a difficulty the judicial branch faces in the policy implementation process?
must rely on the other branches of government to enforce its rulings
symbolic speech
nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
1964 Civil Rights Act
outlawed segregation in public places; banned discrimination in employment
In 2010, the Supreme Court issued a controversial decision that struck down a federal law banning corporations and unions from donating to federal elections. Which of the following steps may Congress take to limit the Supreme Court's power?
pass legislation changing the Court's appellate jurisdiction
What does the exclusionary rule protect?
people's right to a fair trial
exclusionary rule
prevent lawyers from using illegally obtained evidence to put someone behind bars.
Free Exercise Clause
prohibits government from interfering with the practice of religion.
Following the Supreme Court's decision in Engel v. Vitale (1962) banning school prayer, members of Congress organized to limit the impact of the decision by proposing amendments to the Constitution allowing school prayer. Which of the following is another action that Congress could take to promote devotional activities in public schools?
propose legislation changing federal court's authority to hear similar cases
"This week, we have twice seen Supreme Court Justices violating their judicial oaths. Yesterday, the Justices re-wrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5-4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government. . . . That is unacceptable. On the substantive front, I have already introduced a constitutional amendment to preserve the authority of elected state legislatures to define marriage as the union of one man and one woman, and also legislation stripping the federal courts of jurisdiction over legal assaults on marriage." Which of the following actions did Senator Cruz take to address the decisions in Obergefell v. Hodges?
proposing legislation changing the authority of federal courts to hear these cases
Heller v. D.C.
protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.
What is the issue with the wording in the 2nd Amendment?
provides people with the right to bear arms but doesn't tell the government If anyone- people not in a militia- can have a gun. It is confusing who can hold a gun.
probable cause
reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
In 1954, the Supreme Court banned segregation in public schools. Some critics argue that the law violates states' rights. Which of the following could the president do to limit the Supreme Court's power?
refuse to implement the decision
The National Firearms Acts 1934
require registration for certain weapons, prior to this anyone could have access to a gun because there was nothing that stated that you needed any form of paperwork to own a gun.
civil rights
rights that are protected by the government from unlawful discrimination.
what did the judge say in the ruling of McDonald
said "self defense is a basic right recognized by many legal systems in ancient times." Though he agreed with the defendant he was very clear about what the guns should be used for "It thus concluded that citizens must be permitted to use handguns for the core lawful purpose of self defense."
Establishment Clause
says the government may not establish an official religion.
Engel v. Vitale (1962)
states could not hold prayers in public school EVEN IF it was voluntary and EVEN IF the prayer did not adhere to a specific religion. Because the act of prayer was considered a religious activity, having it occur in a public school (which is funded by the government) would go against the establishment clause of the first amendment.
Tinker v. Des Moines Independent Community School District (1969)
students still have free speech rights at school, and in order to justify the suppression of speech, the speech must substantially interfere with school operations. As referenced earlier, this case relates directly to the First Amendment, and the ruling confirmed that students' right of symbolic speech was more powerful than the potential disorder that it could cause
selective incorporation doctrine
that applies the Bill of Rights (one right at a time) to state and local governments by incorporating them into the concept of liberty in the 14th Amendment's Due Process Clause (which is binding on the states)
Equal Protection Clause
that prohibits states from denying equal protection under the law, and has been used to combat discrimination
Schenck v. United States (1919)
that the Espionage Act did not violate the First Amendment and it was an appropriate exercise of Congress' wartime authority. This was a key limitation on the First Amendment as the free speech clause does not allow for advocacy of unlawful behavior.
Wisconsin v. Yoder (1972)
that the requirement to send children to school beyond the eighth grade was unconstitutional. It stated that an individual's interest in the free exercise of religion was more powerful than a federal interest in sending children to school beyond the eighth grade.
Congress is most likely to use a court-curbing measure, like changing the appellate jurisdiction of the Supreme Court, when:
the American public does not support the Court's decision.
Which of the following is an accurate comparison of the Madison V Marbury court and the Bake V Carr cases
the Supreme Court the power to overturn acts of Congress, state laws, or executive actions that it found to be unconstitutional gave federal courts the power to intervene and decide redistricting cases, leading to the "one-person, one-vote" doctrine
Appellate Jurisdiction of Supreme Court
the authority of a court to hear cases that have been tried, decided, or reexamined in other courts
What was the purpose of firearms acts 1934?
was in the area of gangsterism and guns, so the government did this to prevent the trouble maker from getting their hands on the gun.
Citizens United v. Federal Election Commission (2010)
was that corporations should be considered people and therefore their funding of "independent political expenditures cannot be limited." This is considered a form of political speech, which is protected by the free speech portion of the First Amendment.
