Albert 2 assignment

Schenck v United States (1919) 1. Limit civil liberties 2. Second amendment issue 3. Unrelated to us wartime liberties 4. Bolsters individual rights Tinker v Des Moines 1. Strengthens civil liberties 2. First amendment issue 3. Related to us wartime liberties 4. Bolsters public safety Which of the following is an accurate comparison of these Supreme Court decisions?

1. Limit civil liberties & strengthens civil liberties

"The statute of LA, acts of 1890, requiring railway Companies carrying passengers in their coaches in that state, to provide equal but separate accommodations for the white in color races, and providing that no person shall be permitted to occupy seats in coaches other than the ones assigned to them, on account of the race they belong to; and imposing fines or imprisonment upon passengers insisting I'm going into a coach or compartment other than the one set aside for the race to which he or she belongs; are not in conflict with the provisions either of the 13th amendment or of the 14th amendment to the constitution of the United States." (Pressure v Ferguson 1896) If you represented the plaintiff in this case, which constitutional provision below do you believe would provide the best argument for your case?

14th amendment

In which of the following situations would the Supreme Court be most likely to apply the doctrine or selective incorporation?

A plaintiff challenges a state law that imposes penalties for certain categories of speech.

Which of the following could be an explanation for attitudes reflected in the graph?

A significant terrorist attack in 2001 caused Americans to be more concerned w/ preventing terrorism than protecting civil liberties.

Which of the following represents an example of a situation in which an individual's civil liberties might be threatened by the gov't?

A student is prevented from wearing a t-short w/ a controversial political slogan to school.

"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (4th Amendment) Which of the following would represent a "reasonable search" that would not violate the rights protected by the 4th amendment above?

A teen is pulled over for speeding and the officer detects a string smell of marijuana emanating from the car and searches the car w/o a warrant.

Which of the following most accurately describes American attitudes regarding civil liberties that are reflected in the graph?

Americans disagreed abt whether it was necessary to give up civil liberties to prevent terrorism.

"The statute of LA, acts of 1890, requiring railway Companies carrying passengers in their coaches in that state, to provide equal but separate accommodations for the white in color races, and providing that no person shall be permitted to occupy seats in coaches other than the ones assigned to them, on account of the race they belong to; and imposing fines or imprisonment upon passengers insisting I'm going into a coach or compartment other than the one set aside for the race to which he or she belongs; are not in conflict with the provisions either of the 13th amendment or of the 14th amendment to the constitution of the United States." (Pressure v Ferguson 1896) The ruling above directly contradicts the ruling made in which Supreme Court cause decision in the following century?

Brown v Board of Education

Which of the following Supreme Court cases is most relevant to the topic of this 1962 political cartoon?

Brown v Board of Education

"Do you have the right to remain silent. Anything you say can be used against you in a court of law. Do you have the right to an attorney. If you cannot afford one, I will be appointed to you by the court. With these rights in mind, are you still willing to talk to me about the charges against you?" (The Miranda warning) Based on previous court rulings, which of the following scenarios would most likely violate the purpose of the excerpt above?

Continuing to question a witness after they have clearly told the arresting officers they wish to invoke their right not to speak to them unless there is an attorney present.

Which of the following best describes Dr. Martin Luther King's pov when writing the Letter from Birmingham Jail?

Dr. King defends the motivations, tactics, and goals of the Birmingham campaign specifically and the civil rights movement in general.

In the landmark decision Obergefell v Hodges (2015), the Supreme Court recognized the validity of same-sex marriage. The political cartoon above gives hint at the constitutional underpinnings of the ruling which included which of the following clauses of the 14th amendment?

Due process + equal protection clause

Based on the Supreme Court ruling in the 1962 political cartoon addresses, which of the following clauses in the 14th amendment would be the cartoonist claim is being most directly violated?

Equal protection clause

Which of the following issues appears to be the object of concern in the graphic above?

Gerrymandering schemes

Dr. Martin Luther King Jr's Letter from Birmingham Jail reflects what shift in American attitudes toward civil disobedience?

In the face of immoral laws, civil disobedience is a perfectly justified response in America.

Title 9 of the education amendments of 1972 was passed in response to public pressure to promote greater equality. Which of the following has been the most significant impact of Title 9?

Increased participation of women in high school+college sports.

"The statute of LA, acts of 1890, requiring railway Companies carrying passengers in their coaches in that state, to provide equal but separate accommodations for the white in color races, and providing that no person shall be permitted to occupy seats in coaches other than the ones assigned to them, on account of the race they belong to; and imposing fines or imprisonment upon passengers insisting I'm going into a coach or compartment other than the one set aside for the race to which he or she belongs; are not in conflict with the provisions either of the 13th amendment or of the 14th amendment to the constitution of the United States." (Pressure v Ferguson 1896) While the decision above set the precedent that "separate but equal" allowed racial segregation on trains, the case that overturned Plessy ruled that segregation by race in public schools was...

Inherently unequal

Which of the following best summarizes the debate reflected in McDonald v Chicago (2010)?

Is the second amendment right to keep and bear arms for self-defense in one's home fully applicable to the states?

Which of the following best describes an impact of the Supreme Court's use of the selective incorporation doctrine?

It restricts the power of state legislatures to pass laws that interfere w/ individual rights.

"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (4th Amendment) Which of the following Supreme Court decisions below most directly represents the protections listed in the excerpt above?

Mapp v Ohio

"No person Shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, nor shall be compelled in any criminal case to be a witness against himself." (5th Amendment) Which of the following landmark Supreme Court cases was most directly linked to the excerpt above?

Miranda v Arizona (1966)

"In the first amendment, the founding fathers gave the free press the protection is must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The gov'ts power to censor the press was abolished so that the press would remain forever free to censure the gov't. The press was protected so that it could bare the secrets of the gov't and inform the people. Only a free and unrestrained press can effectively expose deceptions in the gov't. And paramount among the responsibilities of a free press is the duty to prevent any part of the gov't from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shit and shell. In my view, far from deserving condemnation for their courageous reporting, the NYT, The WP, and other newspapers should be commended for serving the purpose that the founding fathers saw so clearly. In revealing the working of gov't that led to the Vietnam war, the newspapers nobly did precisely that which the founders hoped and trusted they would do." (Justice Black's concurring opinion, New York Times Company v United States 1971) Based on his opinion above, with which of the following statements would justice black be most likely to agree?

Newspapers serve an essential role in protecting democracy when they report information that exposes corruption of public officials.

Which of the following provides congress w/ authority to enact the civil rights act of 1964?

Power to regulate commerce

"It has been argued that to apply the constitution in such a way as to prohibit state laws respecting an establishment of religious services in public schools is to indicate a hostility toward religion or toward prayer. Nothing, of course, could be more wrong. The history of man is inseparable from the history of religion. And perhaps it is not too much to say that, since the beginning of that history, many people have devoutly believed that 'more things are wrought by prayer than this world dreams of.' It was doubtless largely due to men who believed this that there grew up a sentiment that cause men to leave cross-currents of officially established state religions and religious persecution in Europe and come to this country filled w/ the hope that they could ind a place in which they could pray when they pleased to the God of their faith in the language they chose. And there were men of this dame faith in the power of prayer who led the fight for the adoption of our Constitution and also for our Bill of rights with the very guarantees of religious freedom that forbid the sort of gov't activity which NY has attempted here...it is neither sacrilegious nor anti-religious to say that each separate gov't in this country who ido stay out of the business of writing or sanctioning official prayers and leave that purely religious function to the people themselves and to those the peoples choose to look for religious guidance." (Opinion of the court, Engel v Vitale 1962) Which of the following best describes the argument to which the Supreme Court is responding in the excerpt above?

Preventing sanction of official gov't prayers shows hostility to religion.

The civil rights movement of the 1960s led to legislation such as the civil rights act of 1964 that was designed to prevent several different types of discrimination. Which of the following is one of the provisions of that legislation?

Prohibition of discrimination in public accommodations.

"It has been argued that to apply the constitution in such a way as to prohibit state laws respecting an establishment of religious services in public schools is to indicate a hostility toward religion or toward prayer. Nothing, of course, could be more wrong. The history of man is inseparable from the history of religion. And perhaps it is not too much to say that, since the beginning of that history, many people have devoutly believed that 'more things are wrought by prayer than this world dreams of.' It was doubtless largely due to men who believed this that there grew up a sentiment that cause men to leave cross-currents of officially established state religions and religious persecution in Europe and come to this country filled w/ the hope that they could ind a place in which they could pray when they pleased to the God of their faith in the language they chose. And there were men of this dame faith in the power of prayer who led the fight for the adoption of our Constitution and also for our Bill of rights with the very guarantees of religious freedom that forbid the sort of gov't activity which NY has attempted here...it is neither sacrilegious nor anti-religious to say that each separate gov't in this country who ido stay out of the business of writing or sanctioning official prayers and leave that purely religious function to the people themselves and to those the peoples choose to look for religious guidance." (Opinion of the court, Engel v Vitale 1962) With which of the following statements would the author of the excerpt he most likely to agree?

Religion and history are inextricably intertwined.

"We come then to the quality of the claims of the respondents concerning the alleged encroachment of Wisconsin's compulsory school attendance statute on their rights and the rights of their children to the free exercise of the religious beliefs they have and their forebears have adhered to for almost 3 centuries. In evaluating those claims, we must be careful to determine whether the Amish religious faith and their motive life are as they claim inseparable and inter-dependent. A way of life however virtuous and admirable, may not be interposed as a barrier to reasonable state regulation of education if it is based on purely secular considerations; to have the protection of the Religious Clauses, the claims must be rooted in religious belief. Although a determination of what is a 'religious' belief or practice entitled to constitutional protection may present a most delicate question, the very concept of ordered liberty precludes allowing every person to make his own standards on matters of conduct in which society as a whole has important interests." (Opinion of the Court, Wisconsin v Yoder 1972) Which of the following cases is most consistent w/ the Supreme Court's statement that "the very concept of ordered liberty precludes allowing every person to make his own standards on matters of conduct in which society as a whole has important issues?"

Schenck v United States

Which of the following most accurately describes an impact of the bill of rights?

Schools-sponsored prayers are not allowed in public schools.

Which of the following most clearly states the outcome of Roe v Wade (1973)?

The 14th amendment's due process clause extends to a woman's decision to have an abortion, although state interests in regulation abortions to protect women's health and the potentiality of human life must be taken into account.

A political scientist would most likely use Brown v Board of Education of Topeka (1954) to illustrate which of the following?

The Supreme Court is capable of overturning a precedent when American society demands it to do so.

Which of the following gov't actions is most likely to be consistent w/ the restrictions placed on the gov't by the bill of rights?

The board of education for a public school system approves a rule prohibiting students from wearing clothing w/ messages that have previously led to significant disruption.

"It has been argued that to apply the constitution in such a way as to prohibit state laws respecting an establishment of religious services in public schools is to indicate a hostility toward religion or toward prayer. Nothing, of course, could be more wrong. The history of man is inseparable from the history of religion. And perhaps it is not too much to say that, since the beginning of that history, many people have devoutly believed that 'more things are wrought by prayer than this world dreams of.' It was doubtless largely due to men who believed this that there grew up a sentiment that cause men to leave cross-currents of officially established state religions and religious persecution in Europe and come to this country filled w/ the hope that they could ind a place in which they could pray when they pleased to the God of their faith in the language they chose. And there were men of this dame faith in the power of prayer who led the fight for the adoption of our Constitution and also for our Bill of rights with the very guarantees of religious freedom that forbid the sort of gov't activity which NY has attempted here...it is neither sacrilegious nor anti-religious to say that each separate gov't in this country who ido stay out of the business of writing or sanctioning official prayers and leave that purely religious function to the people themselves and to those the peoples choose to look for religious guidance." (Opinion of the court, Engel v Vitale 1962) Which of the following best describes the supreme court's rationale for striking down the school-sponsored prayer at issue in Engel?

The choice of prayers should be left to individuals and their religious advisors.

Which of the following social movements waged a similar battle over marriage rights as the gay rights movement did in the 2000s?

The civil rights movement of the 1960s

Which of the following statements best summarizes how Baker v Carr (1962) impacted the movement towards redistricting reform?

The court empowered the federal gov't to intervene in redistricting questions within a state.

The outcome of Brown v Board of Education of Topeka (1954) relied most heavily on which of the following ideas reflected in the US Constitution?

The equal protection clause

"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (4th Amendment) In the event a court rules that police have gathered evidence against you illegally based on the 4th amendment protections listed above, that evidence can not be used to convict you. What is this principle known as?

The exclusionary rule

Which of the following is most likely to be a violation of the Bill of rights?

The gov't establishes a national religion.

"As the most important early American edition of Blackstone's Commentaries (by the law professor and former anti federalist St. George Tucker) made Clare in the notes to the description of the arms right, Americans understood the 'right of self-preservation' as permitting a citizen to 'repel force by force' when the 'intervention of society in his behalf, may be too late to prevent an injury...' There seems to us no doubt, on the basis of both text and history that the second amendment conferred an individual right to keep and bear arms. Of course the right was no unlimited, just as the first amendment's right of free speech was not seem e.g. United States v Williams, 553 U.S. (2008). Thus, we do not read the second amendment to protect the right of citizens to carry arms for any sort of confrontation, just as we do not read the first amendment to protect the right of citizens to speak for any purpose." (Opinion of the court, DC v Heller 2008). Which of the following best describes the basis for the supreme court's finding that the second amendment confers an individual right to bear arms?

The history and specific wording of the second amendment clarify the meaning of the amendment.

"We come then to the quality of the claims of the respondents concerning the alleged encroachment of Wisconsin's compulsory school attendance statute on their rights and the rights of their children to the free exercise of the religious beliefs they have and their forebears have adhered to for almost 3 centuries. In evaluating those claims, we must be careful to determine whether the Amish religious faith and their motive life are as they claim inseparable and inter-dependent. A way of life however virtuous and admirable, may not be interposed as a barrier to reasonable state regulation of education if it is based on purely secular considerations; to have the protection of the Religious Clauses, the claims must be rooted in religious belief. Although a determination of what is a 'religious' belief or practice entitled to constitutional protection may present a most delicate question, the very concept of ordered liberty precludes allowing every person to make his own standards on matters of conduct in which society as a whole has important interests." (Opinion of the Court, Wisconsin v Yoder 1972) With which of the following statements would the author of the supreme court's opinion in Wisconsin v Yoder most likely to agree?

The importance of an individual's religious beliefs must be weighed against the interests of society.

"As the most important early American edition of Blackstone's Commentaries (by the law professor and former anti federalist St. George Tucker) made Clare in the notes to the description of the arms right, Americans understood the 'right of self-preservation' as permitting a citizen to 'repel force by force' when the 'intervention of society in his behalf, may be too late to prevent an injury...' There seems to us no doubt, on the basis of both text and history that the second amendment conferred an individual right to keep and bear arms. Of course the right was no unlimited, just as the first amendment's right of free speech was not seem e.g. United States v Williams, 553 U.S. (2008). Thus, we do not read the second amendment to protect the right of citizens to carry arms for any sort of confrontation, just as we do not read the first amendment to protect the right of citizens to speak for any purpose." (Opinion of the court, DC v Heller 2008). The Supreme Court declared unconstitutional a portion of the Firearms Control Regulations Act of 1975, leading some to argue that the Court's decision was an example of judicial activism. Which of the following best supports that argument?

The justices were applying their own opinions to the case rather than strictly adhering to the law.

"In the first amendment, the founding fathers gave the free press the protection is must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The gov'ts power to censor the press was abolished so that the press would remain forever free to censure the gov't. The press was protected so that it could bare the secrets of the gov't and inform the people. Only a free and unrestrained press can effectively expose deceptions in the gov't. And paramount among the responsibilities of a free press is the duty to prevent any part of the gov't from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shit and shell. In my view, far from deserving condemnation for their courageous reporting, the NYT, The WP, and other newspapers should be commended for serving the purpose that the founding fathers saw so clearly. In revealing the working of gov't that led to the Vietnam war, the newspapers nobly did precisely that which the founders hoped and trusted they would do." (Justice Black's concurring opinion, New York Times Company v United States 1971) Justice black's statement that the press can "bare the secrets of the gov't and inform the people" is most consistent w/ which of the following?

The press serves as a linkage institution between the gov't and the people.

Which of the flowing best describes the supreme court's interpretation of the extent to which free speech is protected under the 1st amendment?

The protection afforded to speech is affected by the circumstances in which it occurs.

Which of the following is the most accurate description of how the Supreme Court has interpreted the bill of rights?

The right to an attorney has expanded to include circumstances in which the gov't must provide an attorney.

"As the most important early American edition of Blackstone's Commentaries (by the law professor and former anti federalist St. George Tucker) made Clare in the notes to the description of the arms right, Americans understood the 'right of self-preservation' as permitting a citizen to 'repel force by force' when the 'intervention of society in his behalf, may be too late to prevent an injury...' There seems to us no doubt, on the basis of both text and history that the second amendment conferred an individual right to keep and bear arms. Of course the right was no unlimited, just as the first amendment's right of free speech was not seem e.g. United States v Williams, 553 U.S. (2008). Thus, we do not read the second amendment to protect the right of citizens to carry arms for any sort of confrontation, just as we do not read the first amendment to protect the right of citizens to speak for any purpose." (Opinion of the court, DC v Heller 2008). Which of the following is most consistent w/ the supreme court's opinion in DC v Heller?

The right to bear arms can be restricted in certain situations.

"In the first amendment, the founding fathers gave the free press the protection is must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The gov'ts power to censor the press was abolished so that the press would remain forever free to censure the gov't. The press was protected so that it could bare the secrets of the gov't and inform the people. Only a free and unrestrained press can effectively expose deceptions in the gov't. And paramount among the responsibilities of a free press is the duty to prevent any part of the gov't from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shit and shell. In my view, far from deserving condemnation for their courageous reporting, the NYT, The WP, and other newspapers should be commended for serving the purpose that the founding fathers saw so clearly. In revealing the working of gov't that led to the Vietnam war, the newspapers nobly did precisely that which the founders hoped and trusted they would do." (Justice Black's concurring opinion, New York Times Company v United States 1971) Based on the excerpt, which of the following best describes how Justice Black see the role of the press?

To restrain the gov't by informing the public abt its activities.

"We come then to the quality of the claims of the respondents concerning the alleged encroachment of Wisconsin's compulsory school attendance statute on their rights and the rights of their children to the free exercise of the religious beliefs they have and their forebears have adhered to for almost 3 centuries. In evaluating those claims, we must be careful to determine whether the Amish religious faith and their motive life are as they claim inseparable and inter-dependent. A way of life however virtuous and admirable, may not be interposed as a barrier to reasonable state regulation of education if it is based on purely secular considerations; to have the protection of the Religious Clauses, the claims must be rooted in religious belief. Although a determination of what is a 'religious' belief or practice entitled to constitutional protection may present a most delicate question, the very concept of ordered liberty precludes allowing every person to make his own standards on matters of conduct in which society as a whole has important interests." (Opinion of the Court, Wisconsin v Yoder 1972) In the Yoder case, the Supreme Court had to first determine whether the case involved free exercise clause protections. Which of the following most accurately describes the issue involved in that determination?

Whether the Amish way of life was inseparable from their religious beliefs.

"No person Shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, nor shall be compelled in any criminal case to be a witness against himself." (5th Amendment) Which part of the warning read to criminal suspects is based in the 5th amendment excerpt above?

You have the right to remain silent. Anything you say can and will be used against you in a court of law.