Thursday, April 14, 2011
Thursday, March 31, 2011
Sabato 5.3 Civil Liberties-Pages 173-182
1) In Miller v. California (1973), the Supreme Court concluded that material was obscene if it
A) depicts sexual conduct in artistic way.
B) lacks literary, artistic, political, or scientific value.
C) violates ʺglobal standards of decency.ʺ
D) encourages lewd and lascivious thoughts.
E) all of the above.
2) Congress has passed several laws regulating childrenʹs access to pornography on the Internet.
In general, how has the Supreme Court responded to these laws?
A) The Court has upheld nearly every restriction Congress has enacted.
B) The Court has overturned nearly every restriction Congress has enacted.
C) The Court has upheld restrictions involving children under 14, but has overturned
restrictions involving children 14 years old or older.
D) The Court has upheld restrictions involving community standards, but has overturned
restrictions based on the Lemon test.
E) The Court has stayed out of the debate, consistently voting to deny cert to such cases.
3) Which of the following is NOT an enumerated First Amendment freedom?
A) religion B) speech C) assembly D) privacy E) petition
4) The last time the Supreme Court directly addressed the Second Amendment, it ruled that
A) Congress could restrict ownership of some weapons.
B) citizens have a constitutional right to use firearms to defend their personal property.
C) citizens have a constitutional right to use firearms to ʺensure domestic tranquility.ʺ
D) Congress can restrict firearms since they are more likely to be used for suicide than for
self defense.
E) only U.S. citizens who serve in the armed forces have a constitutional right to bear arms.
5) According to various Supreme Court decisions regarding the Fourth Amendment, what can
the police search without a warrant or consent?
A) the trunk of your car
B) a person being arrested
C) a person walking down the street in an African-American neighborhood
D) your home
E) your backpack
6) Someone who ʺtakes the Fifthʺ has
A) failed a mandatory drug test.
B) refused to testify against himself.
C) been given a breathalyzer test.
D) consented to a police search of his house or vehicle.
E) been read his Miranda rights.
7) Which of the following confessions was likely obtained properly?
A) a confession given after being beaten
B) a confession given after receiving ʺthe third degreeʺ
C) a confession given after a family member was threatened
D) a confession obtained from police questioning before the accused was read her Miranda
rights
E) a confession obtained from police questioning after the accused was read her Miranda
rights.
8) In 1966, the Supreme Court ruled that arrested individuals must be informed of their
constitutional rights in
A) Mapp v. Ohio.
B) Miranda v. Arizona.
C) Weeks v. United States
D) Gideon v. Wainwright
E) McCleskey v. Zant.
9) When Congress reexamined the Miranda decision in 2000, what did it decide?
A) No admission of guilt is truly voluntary unless a suspect has been apprised of his rights.
B) Technicalities should not permit a guilty person to go free.
C) Suspects do not have to be read their Miranda rights unless they specifically ask what
rights they have.
D) In criminal cases, the benefit of the doubt should also go to the victim.
E) The Miranda decision was no longer relevant due to technological advances in criminal
justice.
10) When can someone be tried twice for the same offense?
A) when he is guilty
B) when new evidence comes to light after an acquittal
C) when he admits his guilt after an acquittal
D) when he is accused of murder, rape, or treason
E) never
A) depicts sexual conduct in artistic way.
B) lacks literary, artistic, political, or scientific value.
C) violates ʺglobal standards of decency.ʺ
D) encourages lewd and lascivious thoughts.
E) all of the above.
2) Congress has passed several laws regulating childrenʹs access to pornography on the Internet.
In general, how has the Supreme Court responded to these laws?
A) The Court has upheld nearly every restriction Congress has enacted.
B) The Court has overturned nearly every restriction Congress has enacted.
C) The Court has upheld restrictions involving children under 14, but has overturned
restrictions involving children 14 years old or older.
D) The Court has upheld restrictions involving community standards, but has overturned
restrictions based on the Lemon test.
E) The Court has stayed out of the debate, consistently voting to deny cert to such cases.
3) Which of the following is NOT an enumerated First Amendment freedom?
A) religion B) speech C) assembly D) privacy E) petition
4) The last time the Supreme Court directly addressed the Second Amendment, it ruled that
A) Congress could restrict ownership of some weapons.
B) citizens have a constitutional right to use firearms to defend their personal property.
C) citizens have a constitutional right to use firearms to ʺensure domestic tranquility.ʺ
D) Congress can restrict firearms since they are more likely to be used for suicide than for
self defense.
E) only U.S. citizens who serve in the armed forces have a constitutional right to bear arms.
5) According to various Supreme Court decisions regarding the Fourth Amendment, what can
the police search without a warrant or consent?
A) the trunk of your car
B) a person being arrested
C) a person walking down the street in an African-American neighborhood
D) your home
E) your backpack
6) Someone who ʺtakes the Fifthʺ has
A) failed a mandatory drug test.
B) refused to testify against himself.
C) been given a breathalyzer test.
D) consented to a police search of his house or vehicle.
E) been read his Miranda rights.
7) Which of the following confessions was likely obtained properly?
A) a confession given after being beaten
B) a confession given after receiving ʺthe third degreeʺ
C) a confession given after a family member was threatened
D) a confession obtained from police questioning before the accused was read her Miranda
rights
E) a confession obtained from police questioning after the accused was read her Miranda
rights.
8) In 1966, the Supreme Court ruled that arrested individuals must be informed of their
constitutional rights in
A) Mapp v. Ohio.
B) Miranda v. Arizona.
C) Weeks v. United States
D) Gideon v. Wainwright
E) McCleskey v. Zant.
9) When Congress reexamined the Miranda decision in 2000, what did it decide?
A) No admission of guilt is truly voluntary unless a suspect has been apprised of his rights.
B) Technicalities should not permit a guilty person to go free.
C) Suspects do not have to be read their Miranda rights unless they specifically ask what
rights they have.
D) In criminal cases, the benefit of the doubt should also go to the victim.
E) The Miranda decision was no longer relevant due to technological advances in criminal
justice.
10) When can someone be tried twice for the same offense?
A) when he is guilty
B) when new evidence comes to light after an acquittal
C) when he admits his guilt after an acquittal
D) when he is accused of murder, rape, or treason
E) never
Tuesday, March 29, 2011
Check Out New APGOPO Exam Review Page!!!
Class,
If you haven't noticed, I have added a link to the webpage to help support our review. I demonstrate it to you in class but if you have time now, check it out!!!
If you haven't noticed, I have added a link to the webpage to help support our review. I demonstrate it to you in class but if you have time now, check it out!!!
Chapter 5.2-Civil Liberties Pages 164-172
1) In Zelman v. Simmons-Harris, a school voucher program that allowed parents to send their
kids to the school of their choice was found to be
A) unconstitutional because it favored Jewish schools over others.
B) unconstitutional because it allowed parents to use government funds for religious
instruction.
C) constitutional even though it favored Jewish schools over others.
D) constitutional because it was anti-religion.
E) constitutional because it was neutral toward religion.
2) Which of the following best describes George W. Bushʹs beliefs about the relationship between
government and religion?
A) Bush believes that there should be a strict separation between church and state.
B) Bush believes that Jimmy Carter and other Democratic presidents have infused too much
religion into government.
C) Bush believes that government funding of faith-based programs is a good idea.
D) Bush believes that Congress should deny funding to groups founded on religious
doctrine.
E) Bush believes that it is always wrong for religious groups to discriminate against
non-believers and gays.
3) The First Amendment says that
A) ʺThe states shall make no law... abridging the freedom of speech or of the press.ʺ
B) ʺThe president shall enforce no law... abridging the freedom of speech or of the press.ʺ
C) ʺCongress shall make no law... abridging the freedom of speech or of the press.ʺ
D) ʺThe Supreme Court shall uphold no law... abridging the freedom of speech or of the
press.ʺ
E) ʺNeither the states nor the Congress shall make any law... abridging the freedom of
speech or of the press.ʺ
4) The constitutional doctrine that government cannot prohibit speech or publication before the
fact is called
A) a priori limitation.
B) prior restraint.
C) amicus curiae.
D) in re Anastaplo.
E) the prohibition clause.
5) In Schenck v. U.S. (1919), the Supreme Court ruled that Congress could ban certain types of
speech if they constituted
A) abstract advocacy of overthrowing the government.
B) a threat to law and order.
C) seditious acts.
D) a clear and present danger to society.
E) disparaging remarks about government policies.
6) The direct incitement test allows government to limit speech
A) that is intended and likely to result in imminent lawless action.
B) that criticizes the government during wartime.
C) that advocates for a non-democratic form of government.
D) of accused terrorists.
E) that is likely to be offensive according to contemporary community standards.
7) In a case involving Gregory Johnson, the Supreme Court ruled that
A) limits on campaign spending were unconstitutional.
B) limits on campaign contributions were unconstitutional.
C) flag burning was constitutionally protected freedom of speech.
D) cross burning was constitutionally protected freedom of speech.
E) pornography was constitutionally protected freedom of speech, but obscenity could be
limited.
8) In New York Times v. Sullivan (1964), the Supreme Court ruled that
A) libel and slander were constitutionally protected forms of speech.
B) ʺactual maliceʺ must be proved to support libel against a public figure.
C) prior restraint was unconstitutional.
D) false or negligent speech was not protected by the First Amendment.
E) the government could prevent the New York Times from publishing stolen classified
military documents.
9) Which of the following types of speech can government restrict?
A) slander
B) symbolic speech
C) political speech
D) unpopular speech
E) hate speech
10) In which decision did the Supreme Court rule that material is obscene and can be restricted if
it is ʺutterly without redeeming social importanceʺ and appeals primarily to the ʺprurient
interestʺ?
A) Reno v. American Civil Liberties Union
B) Chaplinsky v. New Hampshire.
C) Near v. Minnesota.
D) The People v. Larry Flynt.
E) Roth v. U.S.
kids to the school of their choice was found to be
A) unconstitutional because it favored Jewish schools over others.
B) unconstitutional because it allowed parents to use government funds for religious
instruction.
C) constitutional even though it favored Jewish schools over others.
D) constitutional because it was anti-religion.
E) constitutional because it was neutral toward religion.
2) Which of the following best describes George W. Bushʹs beliefs about the relationship between
government and religion?
A) Bush believes that there should be a strict separation between church and state.
B) Bush believes that Jimmy Carter and other Democratic presidents have infused too much
religion into government.
C) Bush believes that government funding of faith-based programs is a good idea.
D) Bush believes that Congress should deny funding to groups founded on religious
doctrine.
E) Bush believes that it is always wrong for religious groups to discriminate against
non-believers and gays.
3) The First Amendment says that
A) ʺThe states shall make no law... abridging the freedom of speech or of the press.ʺ
B) ʺThe president shall enforce no law... abridging the freedom of speech or of the press.ʺ
C) ʺCongress shall make no law... abridging the freedom of speech or of the press.ʺ
D) ʺThe Supreme Court shall uphold no law... abridging the freedom of speech or of the
press.ʺ
E) ʺNeither the states nor the Congress shall make any law... abridging the freedom of
speech or of the press.ʺ
4) The constitutional doctrine that government cannot prohibit speech or publication before the
fact is called
A) a priori limitation.
B) prior restraint.
C) amicus curiae.
D) in re Anastaplo.
E) the prohibition clause.
5) In Schenck v. U.S. (1919), the Supreme Court ruled that Congress could ban certain types of
speech if they constituted
A) abstract advocacy of overthrowing the government.
B) a threat to law and order.
C) seditious acts.
D) a clear and present danger to society.
E) disparaging remarks about government policies.
6) The direct incitement test allows government to limit speech
A) that is intended and likely to result in imminent lawless action.
B) that criticizes the government during wartime.
C) that advocates for a non-democratic form of government.
D) of accused terrorists.
E) that is likely to be offensive according to contemporary community standards.
7) In a case involving Gregory Johnson, the Supreme Court ruled that
A) limits on campaign spending were unconstitutional.
B) limits on campaign contributions were unconstitutional.
C) flag burning was constitutionally protected freedom of speech.
D) cross burning was constitutionally protected freedom of speech.
E) pornography was constitutionally protected freedom of speech, but obscenity could be
limited.
8) In New York Times v. Sullivan (1964), the Supreme Court ruled that
A) libel and slander were constitutionally protected forms of speech.
B) ʺactual maliceʺ must be proved to support libel against a public figure.
C) prior restraint was unconstitutional.
D) false or negligent speech was not protected by the First Amendment.
E) the government could prevent the New York Times from publishing stolen classified
military documents.
9) Which of the following types of speech can government restrict?
A) slander
B) symbolic speech
C) political speech
D) unpopular speech
E) hate speech
10) In which decision did the Supreme Court rule that material is obscene and can be restricted if
it is ʺutterly without redeeming social importanceʺ and appeals primarily to the ʺprurient
interestʺ?
A) Reno v. American Civil Liberties Union
B) Chaplinsky v. New Hampshire.
C) Near v. Minnesota.
D) The People v. Larry Flynt.
E) Roth v. U.S.
Sunday, March 27, 2011
Chapter 5.1 Civil Liberties-Pages 157-164
1) In 2006, a rally was held on the national Mall in Washington to encourage the U.S. government
to do more to end genocide in the Darfur region of Sudan. Such events are protected by
A) the First Amendment.
B) the Second Amendment.
C) the Tenth Amendment.
D) the Fourteenth Amendment.
E) the Twenty-Seventh Amendment.
2) Where can the Bill of Rights be found?
A) the Declaration of Independence
B) the Declaration of the Rights of Man
C) the Preamble of the Constitution
D) Article IV of the Constitution
E) the first 10 amendments to the Constitution
3) What does the Ninth Amendment to the Constitution say?
A) All non-enumerated powers of government belong to the states.
B) Citizens have rights beyond those listed in the Constitution.
C) States have the right to maintain state militias.
D) Government cannot discriminate on the basis of race, gender, or national origin.
E) It guarantees the right to petition the government for a redress of grievances.
4) What was the Supreme Courtʹs decision in Barron v. Baltimore?
A) All citizens are entitled to substantive due process.
B) Government can not infringe on citizensʹ ʺfundamental freedoms.ʺ
C) The incorporation doctrine is an unconstitutional infringement on statesʹ rights.
D) The Bill of Rights did not restrict the actions of state governments.
E) The direct incitement test is consistent with the First Amendmentʹs guarantee of freedom
of speech.
5) The Supreme Court ruled that states could not limit free speech protections guaranteed by the
Constitution in
A) Near v. Minnesota.
B) Gitlow v. New York.
C) Palko v. Connecticut.
D) Pointer v. Texas.
E) Romer v. Evans.
6) What is the foundation of the incorporation doctrine?
A) the Ninth Amendment
B) the Tenth Amendment
C) the Fourteenth Amendment
D) Abraham Lincolnʹs Incorporation Proclamation
E) the necessary and proper clause
7) According to the incorporation doctrine,
A) the due process clause requires states to abide by provisions in the Bill of Rights.
B) corporations have the same legal rights as citizens.
C) the Ninth Amendment compels states to restrict ʺlife, liberty, and propertyʺ without due
process of law.
D) Congress must enforce the fundamental freedoms doctrine consistently, regardless of the
race or gender of those involved.
E) Congress has no authority to regulate economic conditions.
8) Which of the following freedoms is absolute and can not be limited by government?
A) freedom of religion
B) freedom of speech
C) freedom to believe
D) freedom to act
E) All of the freedoms listed above are absolute.
9) The establishment clause
A) prohibits the adoption of an official national religion.
B) tears down the wall of separation between church and state.
C) establishes a national church and a national religion.
D) requires all elected officials to pass a religious test before taking office.
E) prohibits the government from interfering with citizensʹ religious practices.
10) Which of the following best describes the trend in recent Supreme Court decisions regarding
the separation of church and state?
A) The Supreme Court has consistently prohibited all government aid to religious schools.
B) The Supreme Court has permitted school districts to continue school-sponsored prayers.
C) The Supreme Court has required states to demonstrate a ʺcompelling moral or ethicalʺ
rationale for various entanglements between church and state.
D) The Supreme Court has been further increasing the separation of church and state.
E) The Supreme Court has been reducing the required separation between church and state.
to do more to end genocide in the Darfur region of Sudan. Such events are protected by
A) the First Amendment.
B) the Second Amendment.
C) the Tenth Amendment.
D) the Fourteenth Amendment.
E) the Twenty-Seventh Amendment.
2) Where can the Bill of Rights be found?
A) the Declaration of Independence
B) the Declaration of the Rights of Man
C) the Preamble of the Constitution
D) Article IV of the Constitution
E) the first 10 amendments to the Constitution
3) What does the Ninth Amendment to the Constitution say?
A) All non-enumerated powers of government belong to the states.
B) Citizens have rights beyond those listed in the Constitution.
C) States have the right to maintain state militias.
D) Government cannot discriminate on the basis of race, gender, or national origin.
E) It guarantees the right to petition the government for a redress of grievances.
4) What was the Supreme Courtʹs decision in Barron v. Baltimore?
A) All citizens are entitled to substantive due process.
B) Government can not infringe on citizensʹ ʺfundamental freedoms.ʺ
C) The incorporation doctrine is an unconstitutional infringement on statesʹ rights.
D) The Bill of Rights did not restrict the actions of state governments.
E) The direct incitement test is consistent with the First Amendmentʹs guarantee of freedom
of speech.
5) The Supreme Court ruled that states could not limit free speech protections guaranteed by the
Constitution in
A) Near v. Minnesota.
B) Gitlow v. New York.
C) Palko v. Connecticut.
D) Pointer v. Texas.
E) Romer v. Evans.
6) What is the foundation of the incorporation doctrine?
A) the Ninth Amendment
B) the Tenth Amendment
C) the Fourteenth Amendment
D) Abraham Lincolnʹs Incorporation Proclamation
E) the necessary and proper clause
7) According to the incorporation doctrine,
A) the due process clause requires states to abide by provisions in the Bill of Rights.
B) corporations have the same legal rights as citizens.
C) the Ninth Amendment compels states to restrict ʺlife, liberty, and propertyʺ without due
process of law.
D) Congress must enforce the fundamental freedoms doctrine consistently, regardless of the
race or gender of those involved.
E) Congress has no authority to regulate economic conditions.
8) Which of the following freedoms is absolute and can not be limited by government?
A) freedom of religion
B) freedom of speech
C) freedom to believe
D) freedom to act
E) All of the freedoms listed above are absolute.
9) The establishment clause
A) prohibits the adoption of an official national religion.
B) tears down the wall of separation between church and state.
C) establishes a national church and a national religion.
D) requires all elected officials to pass a religious test before taking office.
E) prohibits the government from interfering with citizensʹ religious practices.
10) Which of the following best describes the trend in recent Supreme Court decisions regarding
the separation of church and state?
A) The Supreme Court has consistently prohibited all government aid to religious schools.
B) The Supreme Court has permitted school districts to continue school-sponsored prayers.
C) The Supreme Court has required states to demonstrate a ʺcompelling moral or ethicalʺ
rationale for various entanglements between church and state.
D) The Supreme Court has been further increasing the separation of church and state.
E) The Supreme Court has been reducing the required separation between church and state.
Tuesday, March 22, 2011
The Bureaucracy 9.2 Pages 321-29
The Bureaucracy 9.2
1) During the New Deal, thousands of unemployed Americans were hired to complete public
projects under the
A) Interstate Commerce Commission.
B) Works Progress Administration.
C) Federal Emergency Management Agency.
D) Department of New Deal Programs.
E) Committee to Reelect the President.
2) The Federal Government grew during all of the following times EXCEPT
A) World War I.
B) World War II.
C) the New Deal.
D) The Great Society.
E) the Clinton Administration.
3) The largest number of civilian federal employees works for
A) the executive branch.
B) the judicial branch.
C) the legislative branch.
D) the U.S. Postal Service.
E) the press corps.
4) Nearly one-third of all federal civilian employees work for the
A) Department of Defense.
B) Department of State.
C) Department of Commerce.
D) U.S. Postal Service.
E) Central Intelligence Agency.
5) A typical low-level federal civilian employee gets her job by
A) helping the president win election or reelection.
B) knowing the right person.
C) doing well enough on a civil service exam.
D) bribing the correct person.
E) giving sufficient campaign contributions.
6) Under the George W. Bush administration, the number of political appointees
A) was cut in half.
B) shrank by about 33 percent.
C) shrank by about 25 percent.
D) stayed about the same.
E) increased by about 33 percent.
7) Higher-level civil servants are typically
A) overpaid.
B) minorities.
C) older.
D) younger.
E) uneducated.
8) Most civilian federal employees work for
A) cabinet departments.
B) government corporations.
C) independent agencies.
D) regulatory commissions.
E) state governments.
9) All of the following are cabinet-level departments EXCEPT the
A) Department of Justice.
B) Department of Business.
C) Department of Energy.
D) Department of Veterans Affairs.
E) Department of Labor.
10) Which agencies are subject to the most intense outside lobbying efforts?
A) clientele agencies
B) large agencies
C) independent executive agencies
D) administrative agencies
E) judicial agencies
1) During the New Deal, thousands of unemployed Americans were hired to complete public
projects under the
A) Interstate Commerce Commission.
B) Works Progress Administration.
C) Federal Emergency Management Agency.
D) Department of New Deal Programs.
E) Committee to Reelect the President.
2) The Federal Government grew during all of the following times EXCEPT
A) World War I.
B) World War II.
C) the New Deal.
D) The Great Society.
E) the Clinton Administration.
3) The largest number of civilian federal employees works for
A) the executive branch.
B) the judicial branch.
C) the legislative branch.
D) the U.S. Postal Service.
E) the press corps.
4) Nearly one-third of all federal civilian employees work for the
A) Department of Defense.
B) Department of State.
C) Department of Commerce.
D) U.S. Postal Service.
E) Central Intelligence Agency.
5) A typical low-level federal civilian employee gets her job by
A) helping the president win election or reelection.
B) knowing the right person.
C) doing well enough on a civil service exam.
D) bribing the correct person.
E) giving sufficient campaign contributions.
6) Under the George W. Bush administration, the number of political appointees
A) was cut in half.
B) shrank by about 33 percent.
C) shrank by about 25 percent.
D) stayed about the same.
E) increased by about 33 percent.
7) Higher-level civil servants are typically
A) overpaid.
B) minorities.
C) older.
D) younger.
E) uneducated.
8) Most civilian federal employees work for
A) cabinet departments.
B) government corporations.
C) independent agencies.
D) regulatory commissions.
E) state governments.
9) All of the following are cabinet-level departments EXCEPT the
A) Department of Justice.
B) Department of Business.
C) Department of Energy.
D) Department of Veterans Affairs.
E) Department of Labor.
10) Which agencies are subject to the most intense outside lobbying efforts?
A) clientele agencies
B) large agencies
C) independent executive agencies
D) administrative agencies
E) judicial agencies
Monday, March 21, 2011
Extra Credit for Students
7 comments:
Selene said...
Baker vs. Carr (1962)
Facts:
1901 apportionment act
population went from 500,000 to 2million
shifted rural areas to city areas
Issue:
Did the 1901 apportionment act violate the constitutional rights?
Arguments:
1. Baker asked US district courts to declare 1901 apportionment act unconstitutional. It violated equal protection, 14th Amendment, by debasing.
2. Court dismissed Baker's case. Apportionment was responsibility of State legislature, not jurisdiction.
Decision:
Allowed federal courts to have jurisdiction in an apportionment case.
March 20, 2011 12:59 PM
Yesenia L. said...
United States vs. Nixon(1974)
Facts:
Nixon and the White House Staff had been implicated in the cover-up break-in of the Watergate building.
Issue:
Not wanting to release the taped conversations between President Nixon and the White House Staff.
Arguments:
The rule was that the president was required to release the taped conversations.
Decision:
Allowed for executive privilege, but not in criminal cases, "Even the President is not above the law," Watergates.
March 20, 2011 8:13 PM
Sandra Vasquez said...
Wesberry vs Sanders (1964)
Facts:
-The 5th distirct had two to three times the population of other Georgia districts
Issue:
-What the basis on which legislative districts were to be judged as meeting constituional standards
Arguments:
-The largerdistrict made Wesberry's vote worth less than some other Georgian citizen who have substantially smaller populated districts
Decision:
-Georgia's districting statue didn't violate Article I, Section2
-Ordered House districts to be as near equal in population
March 20, 2011 9:01 PM
Jennifer :) said...
Texas vs. Johnson (1989)
Facts:
-Dallas, Texas, 1984
-Protesting certain policies of Ronald Reagan, marched throughout the city and burned the flag in front of Dallas City Hall
Issue:
-Does burning the American Flag during a protest demonstration represent "expressive conduct," which is protected under the First Amendment?
Argument:
-Texas: He intentionally desecrated a national flag; to protect the American Flag as a symbol of unity and to prevent a breach of peace
-Johnson: Action to be a form of "symbolic speech" which is protected under the first amendment of the US Constitution.
Decision:
-Supreme court ruled that Johnson's First Amendment protections outweighed the arguments offered by the state of Texas (6-2 vote); his actions were a form of "symbolic speech"
March 20, 2011 10:20 PM
Eddie Meza said...
Lawrence vs. Texas (2003)
Facts:John Geddes Lawrence & Tyron Garner a homosexual couple were arrested between 10:30 and 11 p.m. on September 17, 1998 by officer Joseph Quinn. Arrests stemmed from a false report of a "weapons disturbance" in their home, the neighbor, partner of Garner, admitted the false report.
Issue: Homosexual sodomy is a widely and historically condemned practice. There was an anti-sodomy law in Texas which targeted homosexuals. Sexual relations are a personal/private matter.
Argument:If married couples are allowed to commit sodomy without such persecution then homosexuals should have an equal right. No matter the race, gender or orientation none should determine whether a person has to follow such a law, all must be treated equal. Sexual encounters are a personal and private matter in which the law should not be involved as long as it is not publicly displayed.
Decision:The Supreme Court voted 6–3 to strike down the Texas anti-sodomy law, with five of the justices holding that it violated due process guarantees, and a sixth justice found that it violated equal protection guarantees.
March 21, 2011 12:01 AM
Jackie Alcala said...
Abington school district vs Schempp 1963
Facts:
-schempp family was unitarians
-pennsylvania law required that at least 10 verses from bible should be read
Issue:
Whether the 1st amendment prohibition of governmental support of establishment of religion was violated
Arguments:
-schempps: unitarians don't believe that bible is always intelligble
-violated their rights under the free exercise clause of 1st amendment
Decision:
-8 to 1 decision that the practices at issue & laws requiring them are unconstitutional under establishment clause
-civil and religion should be taught separate
March 21, 2011 12:05 AM
Mr. Barclay said...
Thanks to those students who completed the assignment, even to those not in 5th period. Extra credit will be given to each of you-15 points.
March 21, 2011 7:47 PM
Selene said...
Baker vs. Carr (1962)
Facts:
1901 apportionment act
population went from 500,000 to 2million
shifted rural areas to city areas
Issue:
Did the 1901 apportionment act violate the constitutional rights?
Arguments:
1. Baker asked US district courts to declare 1901 apportionment act unconstitutional. It violated equal protection, 14th Amendment, by debasing.
2. Court dismissed Baker's case. Apportionment was responsibility of State legislature, not jurisdiction.
Decision:
Allowed federal courts to have jurisdiction in an apportionment case.
March 20, 2011 12:59 PM
Yesenia L. said...
United States vs. Nixon(1974)
Facts:
Nixon and the White House Staff had been implicated in the cover-up break-in of the Watergate building.
Issue:
Not wanting to release the taped conversations between President Nixon and the White House Staff.
Arguments:
The rule was that the president was required to release the taped conversations.
Decision:
Allowed for executive privilege, but not in criminal cases, "Even the President is not above the law," Watergates.
March 20, 2011 8:13 PM
Sandra Vasquez said...
Wesberry vs Sanders (1964)
Facts:
-The 5th distirct had two to three times the population of other Georgia districts
Issue:
-What the basis on which legislative districts were to be judged as meeting constituional standards
Arguments:
-The largerdistrict made Wesberry's vote worth less than some other Georgian citizen who have substantially smaller populated districts
Decision:
-Georgia's districting statue didn't violate Article I, Section2
-Ordered House districts to be as near equal in population
March 20, 2011 9:01 PM
Jennifer :) said...
Texas vs. Johnson (1989)
Facts:
-Dallas, Texas, 1984
-Protesting certain policies of Ronald Reagan, marched throughout the city and burned the flag in front of Dallas City Hall
Issue:
-Does burning the American Flag during a protest demonstration represent "expressive conduct," which is protected under the First Amendment?
Argument:
-Texas: He intentionally desecrated a national flag; to protect the American Flag as a symbol of unity and to prevent a breach of peace
-Johnson: Action to be a form of "symbolic speech" which is protected under the first amendment of the US Constitution.
Decision:
-Supreme court ruled that Johnson's First Amendment protections outweighed the arguments offered by the state of Texas (6-2 vote); his actions were a form of "symbolic speech"
March 20, 2011 10:20 PM
Eddie Meza said...
Lawrence vs. Texas (2003)
Facts:John Geddes Lawrence & Tyron Garner a homosexual couple were arrested between 10:30 and 11 p.m. on September 17, 1998 by officer Joseph Quinn. Arrests stemmed from a false report of a "weapons disturbance" in their home, the neighbor, partner of Garner, admitted the false report.
Issue: Homosexual sodomy is a widely and historically condemned practice. There was an anti-sodomy law in Texas which targeted homosexuals. Sexual relations are a personal/private matter.
Argument:If married couples are allowed to commit sodomy without such persecution then homosexuals should have an equal right. No matter the race, gender or orientation none should determine whether a person has to follow such a law, all must be treated equal. Sexual encounters are a personal and private matter in which the law should not be involved as long as it is not publicly displayed.
Decision:The Supreme Court voted 6–3 to strike down the Texas anti-sodomy law, with five of the justices holding that it violated due process guarantees, and a sixth justice found that it violated equal protection guarantees.
March 21, 2011 12:01 AM
Jackie Alcala said...
Abington school district vs Schempp 1963
Facts:
-schempp family was unitarians
-pennsylvania law required that at least 10 verses from bible should be read
Issue:
Whether the 1st amendment prohibition of governmental support of establishment of religion was violated
Arguments:
-schempps: unitarians don't believe that bible is always intelligble
-violated their rights under the free exercise clause of 1st amendment
Decision:
-8 to 1 decision that the practices at issue & laws requiring them are unconstitutional under establishment clause
-civil and religion should be taught separate
March 21, 2011 12:05 AM
Mr. Barclay said...
Thanks to those students who completed the assignment, even to those not in 5th period. Extra credit will be given to each of you-15 points.
March 21, 2011 7:47 PM
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