Unit 3 Study Guide

First Amendment Rights:

 What are the central concerns of the First Amendment?

o The First Amendment protects freedoms related to religion, speech, press,
assembly, and petition, ensuring government cannot restrict these rights
without compelling justification.

 How does the First Amendment protect citizens' rights to petition the government?
o It guarantees that individuals can express grievances to the government
without fear of punishment or retaliation.

 What actions are most likely to be protected by the First Amendment?

o Peaceful protests, publishing news articles critical of the government,
religious practices, and political speech.

 How does the free exercise clause in the First Amendment protect religious
practices?
o It prevents the government from interfering with individuals’ religious beliefs
and practices unless they violate laws of general applicability.

 What does the establishment clause in the First Amendment prohibit?

o It prohibits the government from establishing an official religion or favoring
one religion over another.

 What has the Supreme Court ruled regarding state-sponsored prayer in public
schools, and which clause is relevant?
o The Court ruled against state-sponsored prayer in schools (Engel v. Vitale,
1962) under the Establishment Clause.

 What is the clear-and-present danger test, and what does it define?

o A legal doctrine established in Schenck v. United States (1919) determining
that speech is not protected if it incites immediate illegal action or harm.

Bill of Rights:

 What principle underlies the Bill of Rights, particularly regarding fundamental

rights and majoritarian control?
o It protects individual rights from government overreach, even against
majority rule.

 To which level of government did the Bill of Rights originally apply?

o It originally applied only to the federal government.
  How has the Supreme Court used the Fourteenth Amendment to incorporate the
Bill of Rights into state law?
o Through the doctrine of selective incorporation, applying fundamental rights
to the states via the Due Process Clause.

 What is the process of incorporation concerning the Bill of Rights and the
Fourteenth Amendment?
o The gradual application of Bill of Rights protections to state governments
through Supreme Court rulings.

Landmark Supreme Court Cases:

 What was the significance of Tinker v. Des Moines Independent School District
(1969), and what kind of decisions might cite it as a precedent?
o Established that students have First Amendment rights in schools; often
cited in cases regarding symbolic speech in schools.

 In what scenario would Schenck v. United States (1919) be relevant?

o Cases involving speech that may incite violence or undermine national
security (e.g., wartime protests).

 What was the central issue in New York Times Co. v. United States (1971), and
what reasoning did the Court likely use?
o Whether the government could prevent the press from publishing classified
information (Pentagon Papers); the Court ruled against prior restraint.

 What legal rule did New York Times Co. v. United States (1971) establish regarding
freedom of the press and government censorship?
o The government cannot impose prior restraint on the press unless it proves
publication poses a direct, immediate danger.

 What was the key constitutional question in McDonald v. Chicago (2010), and
which amendment was central to the ruling?
o Whether the Second Amendment applies to states; the Court ruled it does
via the Fourteenth Amendment.

 What constitutional reasoning was used in McDonald v. Chicago (2010) to apply

the Second Amendment to the states?
o The Court applied the Second Amendment through selective incorporation
under the Due Process Clause of the Fourteenth Amendment.

 What did the Supreme Court decide in Gideon v. Wainwright (1963), and what right
did it establish for defendants?
 o It required states to provide legal counsel to defendants in criminal cases if
they cannot afford one.

 What was the basis for the Supreme Court's decision in Brown v. Board of
Education of Topeka, and which constitutional principle did it establish?
o Racial segregation in public schools violates the Equal Protection Clause of
the Fourteenth Amendment.

 What principle was established in Brown v. Board of Education of Topeka?

o "Separate but equal" is inherently unequal, ending de jure segregation in
schools.

Fourteenth Amendment:

 How has the Supreme Court interpreted the Fourteenth Amendment?

o It has been used to expand civil rights, enforce equal protection, and
incorporate the Bill of Rights against the states.

 How does the equal protection clause of the Fourteenth Amendment influence
political behavior?
o It is often invoked in cases involving discrimination and civil rights
protections.

 In which scenarios is the equal protection clause of the Fourteenth Amendment

most likely to be used by the Supreme Court?
o Cases involving racial discrimination, gender equality, and affirmative action
policies.

 What was the central issue in Parents Involved in Community Schools v. Seattle
School District No. 1 (2007), and how does it compare to Brown v. Board of
Education of Topeka (1954)?
o The case dealt with voluntary racial integration plans in schools. Unlike
Brown, the Court ruled against racial balancing policies.

Civil Rights and Liberties:

 What is due process, and how does it protect citizens from imprisonment without
trial?
o Due process ensures legal proceedings are fair, preventing arbitrary
imprisonment.

 What was the goal of the Nineteenth Amendment, the Equal Rights Amendment,
and Title IX?
 o To promote gender equality in voting, law, and education.

 What did the Voting Rights Act of 1965 achieve?

o It eliminated racial barriers to voting, such as literacy tests.

Second Amendment:

 Which Supreme Court case is most relevant to the debate about the Second
Amendment?
o District of Columbia v. Heller (2008)

 According to Saul Cornell, what was the original understanding of the Second
Amendment?
o It was tied to militia service rather than an individual right to bear arms.

Privacy Rights:

 Which constitutional clause was most relevant to the right to privacy?

o The Due Process Clause of the Fourteenth Amendment (used in Roe v. Wade
and Griswold v. Connecticut).

Capital Punishment:

 What has the Supreme Court ruled regarding the death penalty?
o It is constitutional but must follow due process and cannot be applied
arbitrarily (Furman v. Georgia, 1972; Gregg v. Georgia, 1976).

 What best describes the information in the map about capital punishment?
o Likely variations in death penalty legality by state.

Affirmative Action:
 What was the primary issue in Grutter v. Bollinger (2003) regarding the University
of Michigan Law School's admissions policy?
o Whether race-conscious admissions at the University of Michigan Law School
were constitutional.

 What was the primary concern in City of Richmond v. J. A. Croson Company

regarding government hiring practices and race?
o Whether race-based quotas in government contracts violated the Equal
Protection Clause.

Government Powers and Restrictions:

  What does the quote from a major Supreme Court decision mean in the context of
segregation?
o Likely affirms or rejects segregation policies under the Equal Protection
Clause.

 Which scenario best explains the inclusion of Title IX in the Education Amendments
of 1972 ?
o Ensuring gender equality in federally funded educational programs.

 What argument was used by the Supreme Court in upholding federal statutes
outlawing segregation in public accommodations?
o Congress had authority under the Commerce Clause (Heart of Atlanta Motel
v. U.S., 1964).

Prior Restraint:
 Which attributes of a political cartoon would best represent the government’s use
of prior restraint?
o Depictions of censorship, government control of media.

 How will the court most likely respond to the case involving an investigative
reporter uncovering unethical behavior by a state government official ?
o Likely uphold press freedom unless classified national security threats are
involved.

Fourth Amendment:
 Which amendment most likely provides the basis for a driver to challenge the
constitutionality of police use of sobriety checkpoints?
o The Fourth Amendment (protection against unreasonable searches and
seizures).