history exam

Which of the following parts of the United States Constitution is incorporated to the states based on the ruling in McDonald v. Chicago (2010) ?

"No person shall . . . be compelled in any criminal case to be a witness against himself."

tinker v des moines

- 3 students wore arm bands to school for the Vietnam war - school told them to take them off -does this prohibition interfere with freedom of speech? - ruled in favor of tinker - amendment 1 - students speech wasn't disruptive

McCulloch v. Maryland

-necessary and proper clause -constitution doesn't give power to national bank - in favor of mcculloch and fed. gov - article 1 section 8 - article 6 - amendment 10 nothing in constitution restricts so its enumerated

In the case Heart of Atlanta Motel v. United States (1964), the Supreme Court ruled that Congress had the power under the commerce clause to pass the Civil Rights Act of 1964. Which of the following explains how this case is similar to Brown v. Board of Education of Topeka (1954) ?

Both cases upheld the power of the federal government to ensure equal protection under the law.

Housing covenants are agreements in the deed of a property that restricts the owner from doing certain things with the property. Some covenants prevented owners from selling to individuals of a specific race or ethnic group. In the case Shelley v. Kraemer (1948), the Supreme Court struck down racially restrictive housing covenants under the equal protection clause of the Fourteenth Amendment. Which of the following cases is most similar to Shelley v. Kraemer (1948) ?

Brown v. Board of Education of Topeka (1954)

Which of the following cases addresses the issue of mandatory public school prayer?

Engel v. Vitale (1962)

Writing for the court in Regents of the University of California v. Bakke (1978), a case weighing whether or not race can be considered in college admissions, Supreme Court Justice Lewis Powell wrote that " . . . Race or ethnic background may be deemed a 'plus' in a particular applicant's file, yet it does not insulate the individual from comparison with all other candidates for the available seats." Which of the following legal concepts is Justice Powell considering in his statement?

Equal protection clause

In Brown v. Board of Education of Topeka (1954), the Supreme Court reached the following conclusion: "[I]n the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the [protections of the Fourteenth Amendment]." What generally does the Fourteenth Amendment provide for?

Equal protection of the laws and due process

Which of the following cases arose from a state law that mandates public schools to begin the school day with the reading of a nondenominational prayer by a school official?

Gideon v. Wainwright (1963)

In Wisconsin v. Yoder (1972) how did the Supreme Court's decision address state interests and individual rights?

It balanced the state's interest in compulsory education with the students' free exercise rights.

The case Plessy v. Ferguson (1896) upheld the standard of "separate but equal" in American law. Which of the following explains how this case relates to Brown v. Board of Education of Topeka (1954) ?

Plessy established a precedent that was eventually overturned in the Brown case.

Which of the following cases involves a state law that prevents women who are pregnant from seeking abortions?

Roe v. Wade (1973)

Which of the following is a doctrine based on the Fourteenth Amendment of the Constitution that was used in McDonald v. Chicago (2010) to limit the power of states and protect the right to keep and bear arms?

Selective incorporation

Students at a public university hold a peaceful protest to demonstrate against an increase in the cost of college tuition. Which of the following constitutional protections best applies to this scenario?

The First Amendment

The United States Supreme Court reviewed state-mandated racial segregation in public schools. The Court stated that the separate schools "involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other 'tangible' factors. Our decision, therefore, cannot turn on merely a comparison of these tangible factors [among the] schools involved in each of the cases. We must look instead to the effect of segregation itself on public education." Which of the following rules or clauses did the Supreme Court use to address the issue of racial segregation in public schools?

The Fourteenth Amendment's equal protection clause in Brown v. Board of Education of Topeka (1954)

The police searched a suspect's smartphone without getting a warrant and found photo evidence of criminal activity. After a thorough investigation, the suspect was charged and the evidence obtained from the smartphone was used in the trial. Which of the following amendments contains the Bill of Rights protections that were most likely violated in this scenario?

The Fourth Amendment

A person accused of a crime cannot afford an attorney, so the state provides the accused with a public defender. Which of the following amendments in the Bill of Rights best applies in this scenario?

The Sixth Amendment

In McDonald v. Chicago (2010), the Court ruled that the Second Amendment right to bear arms was applicable to the states. Which of the following sections of the United States Constitution did the Supreme Court use to support its ruling?

The doctrine of selective incorporation through the Fourteenth Amendment, holding that state action limiting gun rights deprived persons of "life, liberty, or property, without due process of law"

In Roe v. Wade (1973), the United States Supreme Court used what provision of the United States Constitution to extend the right to privacy to women seeking abortions?

The due process clause of the Fourteenth Amendment

In Brown v. Board of Education of Topeka (1954), the Supreme Court struck down racial segregation in public schools, finding that "separate educational facilities are inherently unequal." What constitutional clause did the Court rely most heavily on to reach this decision?

The equal protection clause

Under Roe v. Wade (1973), as originally decided, when may the state largely prohibit women from having abortions?

The state's interest in prohibiting abortions is greatest during the third trimester of the pregnancy; thus, the state may prohibit women from seeking abortions in some conditions.

establishment clause

congress shall make no law respecting an establishment religon

MucCulloch v. Maryland

facts: - Maryland served McCulloch bc constitution doesn't give to national bank - argued it was "necessary and proper" issues: Did congress have paper to establish national bank? Can Maryland tax it? Majority Opinion: in favor of McCulloch/fed. gov part of necessary and proper clause Constitutional provision used: - article 1 section 8 - article 6 - amendment 10 constitutional reasoning/argument: - nothing in constitution restricts so its enumerated - cannot be taxed, fed. law is supreme to state

free exercise clause

prohibiting free exercise

Equal Protection Clause

- brown v board - baker v Carr

equal protections clause

nor deny to any person w/in its jurisdiction the equal protection of the laws

due process clause

nor shall any state deprive any person of life, liberty, property, w/o due process of law

engel v vitale

- NY schools opened with prayer pledge - some family were other religions, 1st amendment broken -does the recitation of prayer in public schools violate the 1st amendment? -court ruled school sponsor prayer violated the 1st amendment - 1st amendment - violated 1st amendment

due process clause

- Gideon v wainwright - McDonald v Chicago

prayer in school

-Gideon v Wainwright - Establishment Clause

United States v lopez

- 1990, congress passes gun free zones act in school - Alfonzo Lopez had a gun on campus and appealed saying it was unconstitutional -did congress have the power to pass the gun free school zones act? - doesn't fall under commerce clause sold because its not an economic activity - article 1 section 8 clause 3 of the constitution - article 1 section 8 clause 18 - congress has power to regulate commerce with nations, states, and tribes

Wisconsin v yoder

- 3 amish students can only attend school until they are 14 - wisconsin raised age of requited school to 16 - convicted of truency - under what situations does a states law to stay in school override 1st amendment right of freedom of religion? - 7-0 favor of yoder - families religion beliefs override states interests - 1st amend - 14th amend - congress cannot tamper with freedom. of religion

Gideon v wainwright

- Gideon burgled, asked for a lawyer, court denied one - does 6th amendment right to counsel with criminal cases extend to defend where death penalty is not involved? - ruled for gideon - 6th amend -14th amend

McDonald v chicago

- McDonald served Chicago for bad registration - 10th allowed state regulation - does 1st amend. protect right to bear arms under constitution? - regulations were not under the constitution - 2nd amend - regulated by state

McDonald v Chicago

- Selective Incorporation - Due Process Clause - 14th Amend.

baker v carr

- baker thought he was being denied under 14th amend. - courts have power to decide cases about apportionment of population into state legislative districts? -fed courts have authority to enforce the requirement of equal protection of the law against state officials -14th amend - article 3 section 2 - in favor of baker

citizens v FEC

- bipartisan campaign reform act says corrupting can't spend on campaigns but instead PACs? - does this law violate freedom of speech? - in favor of citizens - 1st amend. - limiting campaign funds causes violation of freedom of speech

Brown v. Board of Education

- brown wasn't allowed to go to school since she was black - does segregation violate the 14th amend? - Supreme Court ruled in favor of brown - 14th amend - equal protection clause violated

New York times v US

- could the gov. prohibit the new population from publishing this? - Supreme Court ruled in favor of newspapers - 1st amendment - gov. prohibited violation of 1st amend.

schneck v US

- schneck printed 15,000 flyers to draft men, saying it is unconstitutional - did schnecks conviction violate 1 amend rights? - court ruled unanimous in favor of constitution - 1st amend.

shaw v reno

- the State of NC elected 7 African Americans to HOR - was this gerrymandering going against the 14th amend? - court said to redistrict based on race goes on the 14th amend -15th amend -14th amend - if redistricts is solely based on rase it does engage with the constitution