PSCI TEST 2
According to the Supreme Court, there are two meanings of the Establishment Clause. What are those two fundamental principles?According to the Supreme Court, there are two meanings of the Establishment Clause. What are those two fundamental principles?
"The First Amendment "embraces two concepts—freedom to believe and freedom to act. The first is absolute, but in the nature of things, the second cannot be. Conduct remains subject to regulation of society."
What is extradition and who has authority over it in each state?
(must deliver up criminals)
What was the Pentagon Papers case about? How was it decided? Who was Daniel Ellsberg and what did he do? Why is this case important?
Actual Case was NewYorkTimesCo. v. UnitedStates, (1971•Had to do with Department of Defense Report on history of U.S. involvement in Vietnam, 1945-1967 he released the Pentagon Papers, a top-secret Pentagon study of the U.S. government decision-making in relation to the Vietnam War, to The New York Times, the Washington Post and other newspapers. Due to governmental misconduct and illegal evidence-gathering, all charges against Ellsberg were dismissed
States can make laws on matters dealing with health, safety, and morals
States can make laws on matters dealing with health, safety, and morals
What is actual malice? Who has to prove actual malice and what does it take to prove it?
Actual malice means the person saying or writing the thing must know it is false and have disregard for the truth or falsity of what they are saying
Who has the power to ratify Constitutional amendments?
States (and only states) can ratify amendments to the U.S. Constitution.
What are the three most important sections of the Fourteenth Amendment?
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Please review the details of Near v. Minnesota and know why it is important.
Although the First Amendment prevented censorship of newspapers by the federal government, states censored them all the time.•"Minnesota had a law that required newspapers to have "good motives and justifiable ends" for what they were about to print. If they could not, the paper could be censored in advance. Additionally, it was a crime to publish "obscene, lewd, and lascivious" or "malicious, scandalous and defamatory" materials (Bill of Rights Institute)." Jay Near published a scandal sheet that Minnesota decided to shut down.•Case went to SC, which held that what was happening was the "very essence of censorship" and was unconstitutional.
What did the children wear to protest the Vietnam War? What did the Supreme Court say about their actions?
Black Arm Bands
How did the issue of abortion become politicized? How does that differ from how it was handled in European nations?
By 1980, the Republican Party had made opposition to abortion part of its party platform. •This divide between Democratic Party support for the right to have an abortion and opposition to the right has proven to be difficult over the years. It was, for example, an issue in the 2016 presidential election.
For what two important reasons is the case of McCulloch v. Maryland important?
Case was about a national bank. Could the government set one up, and if so, could a state tax it. Supreme Court: gave an expansive interpretation of the elastic clause, and also upheld national supremacy.
What were the issues in the Cohen case? What did the Supreme Court say?
Cohen v. California, 1971•Cohen was arrested for wearing a jacket displaying the words, "(Expletive) the draft. Stop the War." He was charged with disturbing the peace. •California argued it was protecting the public and that Cohen was using fighting words. The SC disagreed, saying the statement was not directed at any one and there was no evidence anyone was disturbed by the words on the jacket.
What did the Supreme Court say about cross burnings?
Cross burnings have brought fear to many people, as they were put on by the KKK. Even so, they are legal as ceremonial expressions.•Justice Brennan wrote, "If there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply because society finds the idea disagreeable or offensive."
What about the wearing of religious symbols? Are they protected?
Crosses are almost never banned. Banned symbols tend to be related to minority religions. Wiccan symbols are often banned and the Star of David is often confused with other symbols.
Be sure to review the rules about defamation (slander and libel).
Defamation (Libel and Slander)•Expression that is false AND hurts another person's reputation is known as slander (spoken) or libel (written).•Note that it is perfectly ok to say something about another person that will harm that person's reputation if it is true.
In what types of cases do the courts follow the accommodation doctrine? Be sure that you are able to recognize examples of issues on which the Court has applied the accommodation doctrine.
Doctrine of Accommodation•When the issue is something other than public schools, the courts have typically accommodated religion. prayers in legislatures, references to God on coins and in Pledge of Allegiance Legislatures, including Congress, start each session with a prayer.•Our money has religion references—In God We Trust.
Dred Scott ruling and how it related to the Civil War.
Dred Scott Decision (1857)•Supreme Court said, slaves "were never thought of or spoken of except as property." SC said Congress could not ban slavery in the territories as slaves are property and Congress could not interfere with property rights.
What is the importance of the full faith and credit clause?
Every state must respect the legal rulings and actions of all the others.
What are some rights we have that are not listed in the Constitution (fundamental rights).
Examples of Fundamental Rights•The right to travel freely•The right to vote•The right to marry and have children•The right to work, buy property, own things
What are time, place, and manner restrictions? What might be some examples? Are they the same as content restrictions?
Expression is subject to so-called time, place, and manner restrictions. Officials can impose restrictions to keep automobile and pedestrian traffic clear of obstacles, they can limit the noise level of a demonstration, they can keep large signs and similar things from being displayed Regulations must be content neutral, as it is unconstitutional for government to decide who can speak on the basis of the message itself
principles that guide the Courts in free exercise of religion cases
FREE EXERCISE CLAUSE•Freedom to believe is absolute, but we distinguish between beliefs and practices. A religious practice may be curbed, prohibited, or limited in some way if there is a valid secular purpose for doing so.
Why is it so hard to enact laws against hate speech? Where are hate speech issues often found?
First Amendment Role•The First Amendment protects all speech unless it is in a specific banned category. There is no exception under the First Amendment for speech that is hateful, nasty, crude, ugly, or otherwise offensive. •Laws that stand the constitutional test are those that punish the actions of people rather than their beliefs or statements. A person can be punished for assault and battery if there are threats or actual violence, or if there is property damage. No matter how hateful, a person cannot be punished for mere statements. Hate speech is very hard to define. Law often contain terms like evil, rude, offensive, etc.•Hate speech is not excluded from First Amendment protection.•There is a movement in the United States to try to get courts to define hate speech as unprotected—especially on college campuses, especially since the 1980s.
What are some examples of acceptable symbolic speech?
Flag burning, Cross burnings Hate Speech
What did Edward Snowden do?
Former CIA employee, computer expert, who stole documents revealing that the NSA (National Security Agency) was spying on Americans.•Charged with espionage, currently living abroad
What are the three important features of the Fourteenth Amendment discussed in lectures?
Fourteenth Amendment Defines Citizenship• "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." Fourteenth Amendment Contains Equal Protection Clause
When two people applied for unemployment benefits after having tested positive for peyote and gotten fired, what did the Supreme Court say?
Fourteenth Amendment"...nor shall any state deprive any person of life, liberty, or property without due process of law"
Why did Jerry Falwell lose the case he brought against Hustler magazine? Why is it important?
Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988), was a landmark decision of the US Supreme Court ruling that the First and Fourteenth Amendments prohibit public figures from recovering damages for the tort of intentional infliction of emotional distress (IIED), if the emotional distress was caused by a caricature, parody, or satire of the public figure that a reasonable person would not have interpreted as factual. The Court held that the emotional distress inflicted on Falwell by the ad was not a sufficient reason to deny the First Amendment protection to speech that is critical of public officials and public figures.
Were there any states that allowed abortion before the ruling in Roe v. Wade?
In 1973, a case went to the Supreme Court on the issue of abortion. Several states had legalized abortion, so it was a natural progression to see if the Supreme Court would rule that there is a right to an abortion.
When the Supreme Court overturns a state law, what happens to all the other similar state laws, as in the examples of same sex marriage and abortion?
In 2015, the Supreme Court ruled that same sex marriage is a protected right. The ruling applied all over the nation, OVERTURNING state laws that did not allow it. •Supreme Court rulings tend to invalidate lots of state laws at one time
What about the growing of a beard for religious reasons if one is in prison?
In Turner v. Safley, the SC said that "Prison walls do not form a barrier separating prison inmates from the protections of the Constitution."•In 2000, Congress passed a law to protect prisoners' rights. Arkansas Case•A Muslim prisoner asserted that growing a beard was part of his religious observance. The Supreme Court ruled that the Arkansas prison policy of no beards was a violation of the Free Exercise clause.
What was the concept of incorporation and what was the argument for it after 1868?
Incorporation, Selective Incorporation•Some argued that the Fourteenth Amendment "incorporated" the entire Bill of Rights to the States. The Supreme Court rejected this idea. In the early 20th century, the Supreme Court began to take parts of the Bill of Rights and apply them to State action. This is called selective incorporation. The Supreme Court ruled that these were fundamental rights that are protected by the due process clause of the Fourteenth Amendment.
Who was chief justice when these two cases were decided?
JOHN MARSHAL
Who was John Marshall and why is he important? Who was Roger Taney and why was he important?
John Marshall: Fourth Chief Justice. Served from 1801-1835; Favored national power Roger Taney: Fifth Chief Justice. Served from 1836-1864. Favored states rights.
What was the Supreme Court's ruling in Lawrence v. Texas (2003)?
Lawrence v. Texas (2003)•The Supreme Court overturned Bowers v. Hardwick, saying that gay persons are "entitled to respect for their private lives." Sexual Orientation•Bowers v. Hardwick (1986): Supreme Court ruled that "the federal Constitution confers no fundamental right upon homosexuals to engage in sodomy" so court would not invalidate the state laws that make such behavior a crime.
What medical issues contributed to the sense of urgency about abortion in the late 1960s and early 1970s?
Medical Issues Created Urgency•Thalidomide in Europe •Measles Outbreak in U.S.
What are microaggressions?
Microaggressions are the everyday verbal, nonverbal, and environmental slights, snubs, or insults, whether intentional or unintentional, which communicate hostility, derogatory, or negative messages to people based on their membership in a marginalized group.
What is selective incorporation? What is the process by which it has come about?
Not surprisingly, speech and press were the first rights to be selectively incorporated.
To be considered obscene, materials must have certain characteristics. Please be sure to review those.
Obscenity is not protected, but it is difficult to define. It must deal with sex, it must do so in a prurient (unwholesome) manner, and it must be without redeeming value.
What were the Comstock laws?
Passage of Comstock laws, named for activist Anthony Comstock. These laws prohibited materials related to sexuality and they lingered into the 1960s.
How does obscenity differ from pornography?
Pornography is protected under the First Amendment and it is legal to possess it UNLESS it is child pornography, which is always illegal.
Why is the New Deal important to federalism?
Recognition that only the federal government could deal with issues like recession and depression
What was the purpose of RFRA?
Religious Freedom Restoration Act (RFRA)•A law enacted by Congress in 1993; it says that governments should not substantially burden religious exercises without compelling justification
What are some ways that the federal government might constitutionally assist religious schools?
Remember, though, that these are government actions that are disallowed. If a student wants to pray, that student has the right to do so under the free exercise clause. President Trump has often argued that this is the real issue—denial of the student right to pray or read the Bible.
What are some rights we have that are not mentioned in the Constitution?
Rights We Value•We have a right to look for and accept a job, and to work at that job to make money.•We have a right to invest money and to make a profit.•We have the right to travel without restrictions within the United States. And...•We have the right to marry.•We have the right to have children.•We have the right to pursue an education.
What did President Reagan say about the states versus the federal government?
Ronald Reagan: in his inaugural address in 1981, Reagan said: "the federal government did not create the states, the states created the federal government."•
What was the Bellamy salute? How did Congress solve the problem the Bellamy salute created?
Saluting the flag: In 1940, the SC said children could be required to salute the flag.•In 1943, the SC reversed that ruling, and said no person (including children) could be required to salute the flag.
What are some periods of our history when free speech was not protected? How were people like Margaret Sanger and Eugene V. Debs deprived of free speech? What kinds of rules existed when people talked about slavery?
Sedition act of 1798 which made it a crime to criticize the president or other officials •Before Civil War, states in north made it a crime to speak in favor or slavery and states in the south made it a crime to speak against slavery. Margaret Sanger was jailed for providing a lecture on birth control.•Union organizers were frequently jailed.•Eugene V. Debs was sent to jail for ten years for telling a group of workers they were "fit for something better than slavery and cannon fodder."
How did the concept of nullification support slavery?
Slavery and Nullification•The doctrine of nullification was used later by the Southern States to justify their right to keep slavery.
Are cities part of the federal system?
States own their cities and counties, SO NO. The federal system is only the national government and the states.
What are some publications that can be censored (see slide).
Student newspapers•CIA memoirs•Information directly related to national defense, such as battle plans
What are some ways that federalism is a good thing? A bad thing?
Sure, because some problems are local in nature. Federalism lets states work on their own problems. A citizens, we can deal more readily with issues at the county and city level, as those governments represent the state to us. bad side.... especially the tendency of states to rob people of their rights. States held on to segregation for decades, denied voting rights, mistreated people accused of crime and those convicted of crimes.
Has the right to abortion increased or decreased in recent years?
Texas Law Struck Down in 2016• Passed in 2013, the law said clinics providing abortion services must meet the same building standards as ambulatory surgical centers. And it required doctors performing abortions to have admitting privileges at nearby hospitals.• Since the law was passed, the number of clinics providing abortion services in Texas dropped to from 42 to 19.
What happened to the restrictive Texas law a few years ago?
Texas dropped to from 42 to 19 since Texas Law Struck Down in 2016•
Who wrote the Bill of Rights and why was it added to the Constitution?
The Bill of Rights was written by James Madison. The proposed Amendments were sent to the States in 1789 and most of the provisions were approved by 1791.
What tactic does the Westboro Baptist Church use? What did the Supreme Court say about their actions?
The First Amendment says, "Congress shall make no law...abridging the freedom of speech or of the press."•Freedom of speech was incorporated to the states in 1925.
What is the significance of the Hobby Lobby ruling?
The Hobby Lobby Ruling, 2014•The SC said Hobby Lobby and other closely held family businesses did not have to provide contraceptive coverage for their employees if the owners object on religious grounds. Impact of Ruling•Some scholars believe that this ruling will extend to corporations the Free Exercise clause, which has always been a right of individuals, not businesses.
How has the Court ruled with regard to secular and religious holiday displays on public property? What was the reasoning of the Supreme Court about such displays?
The Reindeer Rule•The Lynch decision spawned what has become known as the "reindeer rule," an assumption that a religious nativity scene can survive a court challenge as long as it is part of larger holiday display that contains secular holiday symbols or symbols from other religious traditions.
Why is Barron v. Baltimore an important ruling of the Supreme Court?
The Supreme Court ruled that the Bill of Rights pertained only to the federal/national government, not actions of the states. This ruling has never been overturned, but other rulings have applied the Bill of Rights to the States.
Roe v. Wade
The Supreme Court used the right of privacy to declare state laws against abortion invalid. In the words of the Court, "The right of privacy is broad enough to encompass a woman's right to an abortion."
What is the imprisonment rate in the United States compared to other nations?
The United States has five percent of the world's population and twenty-five percent of the world's prisoners.
What is the phrase now in use for whether a restriction on abortion is allowed?
The rule used by the Supreme Court is whether a law imposes an UNDUE BURDEN on the woman.
What does it mean when we say we have a federal system?
The study of relationships between the national government (usually called the federal government) and state governments.
What are some of the current issues between states and cities and the federal government and cities?
The three branches of government (legislative, executive, and judicial) are always in conflict because they struggle over power.•The two levels of government (national government and states) are always in conflict because they struggle over power.
What is provided by the privileges and immunities clause?
This includes police protection and the right to buy property.
Justices said that certain parts of the Constitution appear to recognize a right of privacy. What parts were included? Which Amendment?
This ruling of the Supreme Court recognized the existence of a right of privacy. Court spoke of zones of privacy that flow from various parts of the Bill of Rights, including the Fourth Amendment.
To what kinds of cases would the Supreme Court apply the wall of separation doctrine? Why is it applied to those cases? Please be sure to review those examples, such as prayers.
Two Principles of The Establishment ClauseGovernment cannot favor one religion over another.Example: Government cannot set up a state religion or give favors to those of one faith but not another. Government cannot support religion over no religion.Example: Government can't force you to belong to a religious group or punish you for not doing so.
Until the 1960s, what were the typical laws regulating the sale, possession, and use of contraceptives?
We had many laws from the late 1800s that restricted the availability of contraceptive products. They could not be put on display and people had to ask for them. •Minors could not purchase them. •Unmarried people could not purchase them. •Some States prohibited information about contraceptives and the sale or distribution of any such products.
22. What is the doctrine of pre-emption?
When federal law and state law conflict, federal law invalidates the state law.•When state law and local ordinance conflict, state law invalidates the local law.
A Wall of Separation•
When it comes to public schools, the courts have made clear that there should be a wall of separation.
What is prior restraint? What is another word for prior restraint?
When there is censorship, we call it a prior restraint—the thing is censored before it is spoken or printed. (heavy presumption)
What is the difference between common law property and community property? Please review the information you have about these two concepts of property.
common law property states- property acquired by one member of a married couple is owned completely and totally by the person who acquired it. the married couple is considered a "community" and all property is considered community property. Both spouses own all property equally. •
Please be sure to know the meaning of the following terms concerning powers: ANSWERS IN FEDERALISM PPX PG 35
enumerated powers-belong to Congress These are the powers actually listed in the Constitution in Article I, Section 8. To levy taxes•To borrow money on the credit of the United States•To regulate foreign and interstate commerce,To set rules for naturalization and for bankruptcies•To coin money•To punish counterfeiting reserved powers-belong to the states implied powers-belong to Congress necessary and proper clause concurrent powers-belong to both
How did the federal government get states to adopt a national speed limit and a national drinking age?
in 1974 when President Nixon signed the Emergency Highway Energy Conservation Act. 55 mph was considered fuel-efficient. States had to comply, or LOSE FUNDING for transportation projects like highways. The 1984 National Minimum Drinking Age Act requires that States prohibit persons under 21 years of age from purchasing or publicly possessing alcoholic beverages as a condition of receiving State highway funds.
Approximately what percentage of Americans would like for the nation to have an official religion?
over 50%
Who is Kim Davis and what were her actions concerning same sex marriage? What was her justification? What does the Constitution say about state officials and federal rules?
refused to implement a ruling of the U.S. Supreme Court putting her name on same-sex marriage licenses would have violated her deeply-held religious beliefs.
What might make a moment of silence unconstitutional?
substituting a prayer at the moment of silence. •If a teacher suggests that students pray, the moment of silence becomes an establishment of religion and is unconstitutional.
37. What has Government Abbott proposed?
•Allow a two-thirds majority of the States to override a U.S. Supreme Court decision.•Require a seven-justice super-majority vote for U.S. Supreme Court decisions that invalidate a democratically enacted law. •Restore the balance of power between the federal and state governments by limiting the former to the powers expressly delegated to it in the Constitution.•Allow a two-thirds majority of the States to override a federal law or regulation.
What are the two clauses about religion in the First Amendment?
•Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; Belief vs. ActionYou can believe anything you want about religion BUT what you do in the name of religion can be limited or even forbidden. While the freedom to believe is absolute, the freedom to act is not.
What is the importance of Griswold v. Connecticut?
•Connecticut outlawed sale of all forms of contraception and even made it illegal for doctors to discuss the subject with patient Griswold v. Connecticut, 1965•Supreme Court overturned Connecticut's laws, saying that a married couple has a right to use contraceptives.•This ruling also overturned all the other state laws with similar requirements.
What is nullification?What theory is behind the concept of nullification?
•Doctrine that a state could decide that a federal law was not valid within its borders and would not be enforced Law would not take effect unless three-fourths of the states favored it. the Union is a voluntary compact of states and the federal government has no right to exercise powers that are not specifically listed in the Constitution.
The New Deal
•Establishment of the foundation of social welfare programs, including Social Security (old age pensions, disability payments, unemployment insurance, and others).
How might federalism be a hedge against a dictatorship?
•Federalism is a hedge against dictatorship. Should a dictator and his army march down Pennsylvania Avenue toward the White House or up to the Capitol, every state and its citizens would take up arms against him.
What was the RFRA issue concerning Boerne, Texas, and the Archbishop of San Antonio?
•ISSUE: Could the Church's plan to add on to their building be stopped by the zoning commission? Archbishop sued City for violating his rights under the 1993 Religious Freedom Restoration Act (RFRA) by denying him a permit to expand church. But Boerne won. The Supreme Court said the law did not apply to states. It was an infringement of their powers.
Be sure you can recognize the parts of the Bill of Rights not yet incorporated.
•Third Amendment- about quartering of soldiers•Seventh Amendment—about jury trials in civil suits
