1. Chapter 4 and 5 Review

2. Bill of Rights Constitution Debate
Federalists did not include a Bill of Rights into the Constitution because the individual states has them
Jefferson and the Anti-Federalists wanted a Bill of Rights to be included in the Constitution
Afraid of a powerful national government
Reasons for a Bill of Rights
People wanted protections against the national government
The British impacted the creation of the Bill of Rights
Quartering Act, Stamp Act
Interpretation of the amendments
By the Supreme Court
Judicial Review

3. Incorporation of the Bill of Rights
Barron v Baltimore (1833)
Claim: The taking of private property without compensation by a state was unconstitutional  According to the 5th Amendment
Ruling: The Bill of Rights only applies to the national government
Civil War Amendments (13th, 14th, 15th)
Southern states demonstrated their inability to protect individual rights
These amendments created a limit on state power
14th Amendment: “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.”
Applies the Bill of Rights to the states through the due process clause
Incorporation
The process of applying the Bill of Rights to the states
A Supreme Court case incorporated each clause of each amendment 1 – 10
Selective Incorporation
Definition: only part of an amendment is incorporated to the states
Not yet incorporated: 3, 7, 8 (bail)

4. Incorporation 1st Amendment: Speech: Gitlow v New York (1925)
First time that any amendment was applied to the states
Press: Near v Minnesota
Religion: Cantwell v Connecticut
2nd Amendment: McDonald v Chicago (2010)
4th Amendment: Mapp v Ohio
Exclusionary Rule
6th Amendment: Gideon v Wainwright
Right to counsel

6. First Amendment: Religion
“…respecting an establishment of religion or prohibiting the free exercise thereof…”
Freedom of religion consists of:
Establishment Clause:
There may be no national religion or national church
There must be a separation of church and state
Free Exercise Clause:
You can worship and practice whatever you want
Incorporation of the establishment clause:
Everson v. Board of Education (1947): The Supreme Court ruled that money can go to students of religious schools for transportation
Lemon v. Kurtzman
Case: Government was giving money for teachers who taught secular classes
Ruling: The Lemon Test:
Three-part test, as to whether government violates the Establishment Clause:
The policy’s purpose must be secular.
It’s primary effect must neither advance not inhibit religion.
It cannot foster “excessive entanglement” of government and religion

7. Religion in Public Schools
Engel v Vitale (1962)
Abington School District v Schempp (1963)
Wallace v Jaffe (1985)
1984 Equal Access Act
It is not a violation of the Establishment Clause to allow religious groups “equal access” to school facilities on the same basis as other groups.
Westside Community Schools v. Mergens

8. Free Exercise Clause Distinction between belief and practice
You can believe in anything
Are the religious actions against the law? Immoral?
“Compelling interest”
Determining factor if the Supreme Court will allow a practice or not
Rulings on the Free Exercise Clause
Reynolds v US (1878):
Cantwell v Connecticut (1940):
WV Board of Ed v Barnette (1943)
Wisconsin v. Yoder (1972):
Oregon v Smith (1988):

9. Freedom of Press
Prior restraint: a government’s actions that prevent material from being published
Near v Minnesota (1931):
Shield laws: protect reporters
Zucher v Standford Daily
Libel: the publication of false or malicious statements that damage someone’s reputation
Slander: the spoken defamation of a person’s reputation
NY Times v Sullivan

10. Freedom of Speech Freedom of Speech is limited during wartime
Schenk v US
Dennis v US
Obscenity
What the average person finds to be offensive
Roth v US
Miller v California
Obscenity includes any work that lacks serious literary, artistic, political or scientific value
Symbolic Speech
Nonverbal expression of one’s political beliefs
Texas v Johnson
Tinker v Des Moines

11. 4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and 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.
Probable Cause
Police need a warrant to search
Goal is to avoid violating people’s privacy
Reasonable Suspicion
New Jersey v TLO
Exclusionary Rule
If policy seize evidence illegally, it cannot be used in court
Mapp v Ohio (1961)

12. 5th Amendment
Self-Incrimination: You have the right to remain silent, “plead the 5th”
Burden of proof falls on the defense
Miranda v Arizona (1966)
Miranda Rights
Grand Jury: Indictment of a criminal, formal charges of a crime
Double jeopardy: cannot be accused of the same crime twice
Due process of law: no one may be denied life, liberty or property without due process of law
Police and the government must follow an established set of legal procedures
Eminent domain: The government can take private property for public use but they must provide compensation

13. Death Penalty
Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Furman v Georgia (1972):
Gregg v Georgia (1976):
McClesky v Kemp (1987)
Kennedy v Louisiana (2008)

14. Civil Liberties vs. Civil Rights
Definition: Constitutional protections an individual has against the government
Bill of Rights: freedoms of speech, religion…
14th Amendment:
Due process clause
Definition: Protections from arbitrary treatment by officials
14th Amendment:
Equal protection clause

15. Three Levels of Review
Question Regarding Civil Rights: is not whether the government has the authority to treat different people differently; it is whether such differences in treatment are reasonable.
Fourteenth Amendment Equal Protection Clause does for state governments
STRICT SCRUTINY (The government must show that the challenged classification serves a compelling state interest and that the classification is necessary to serve that interest.): 
A. Suspect Classifications:  Race 
EXAMPLE: A Southern state passes a law which requires “all black employees shall receive 3/5 the compensation of a white employee for performing the same job.” This racial classification will be subjected to the strict scrutiny standard.
2. National Origin 
3. Religion (either under EP or Establishment Clause analysis)   
Korematsu v US (1944)
A time when strict scrutiny was applied to government action in regards to race and government actions were upheld

16. 2.  MIDDLE-TIER SCRUTINY (The government must show that the challenged classification serves an important state interest and that the classification is at least substantially related to serving that interest): 
Presumption of constitutionality and “the burden is on the one attacking the legislative arrangement to negate every conceivable basis which might support it.” 
Quasi-Suspect Classifications: 
1. Gender 
Reed v Reed (1971): First time the Supreme Court declared any
law unconstitutional on the basis of gender discrimination
Craig v Boren (1976): Established the “medium security” standard
3.  MINIMUM (OR RATIONAL BASIS) SCRUTINY (The government need only show that the challenged classification is rationally related to serving a legitimate state interest.)
1. Age

17. Three Eras of African Americans’ Struggle for Equality
1. Era of Slavery a. Dred Scott v Sanford (1857) b. 13th Amendment 2. Era of reconstruction a. Jim Crow Laws b. Plessy v Ferguson (1896) 3. Era of civil rights a. NAACP wanted to test: i. Separate but equal doctrine from Plessy ii. 14th Amendment b. Brown v Board of Education (1954) i. “All deliberate speed” ii. Busing c. De jure vs. de facto segregation in schools i. De jure ii. De facto

18. Civil Rights Act of 1964
1. Outlawed discrimination based on race, color, religion or national origin in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce;
2. Prohibited state and municipal governments from denying access to public facilities on grounds of race, color, religion or national origin.
3. Authorized the US Justice Department to initiate lawsuits to desegregate public schools and facilities
4. Prevents discrimination by government agencies that receive federal funds. If an agency is found in violation of Title VI, that agency may lose its federal funding.
5. Created the EEOCC to monitor and enforce protections against job discrimination.   
6. Did not abolish the concept of voter "qualification“
7. Strengthened voting rights legislation…until Voting Rights Act of 1965

19. Suffrage 15th Amendment Limits on African-Americans right to vote
Voting Rights Act of 1965
prohibits states from imposing any "voting qualification or prerequisite to voting, or standard, practice, or procedure ... to deny or abridge the right of any citizen of the United States to vote on account of race or color.“
The Act was signed into law by President Lyndon B. Johnson, who had earlier signed the landmark Civil Rights Act of 1964 into law.
Racial Gerrymandering

20. Other Minority Groups Hispanic Americans Largest minority group
Hernandez v Texas
Women’s Rights
Title IX
Gray Liberation Movement
Gay and Lesbian Rights
Romer v Evans
Lawrence v Texas
Affirmative Action
Advantages for minorities in employment and education
Regents of the University of California v Bakke
Adarand Constructors v Pena
Gratz v Bollinger

21. In which of the following cases did the Supreme Court enforce the use of the exclusionary rule in state trials?
Near v Minnesota
Miranda v Arizona
Miller v California
Mapp v Ohio
Gregg v Georgia

22. Roth v US and Texas v Johnson are Supreme Court cases that address the
Sixth Amendment rights of defendants
Definition of obscenity
Right of free speech
Definition of probable cause
Right ot privacy

23. All of the following are protected under the right of free speech EXCEPT
Picketing
Libel
Flag burning
Political demonstrations
Criticizing government officials

24. In which of the following cases did the Supreme Court rule that the death penalty is not a form of cruel and unusual punishment?
Gregg v Georgia
Gideon v Wainwright
Barron v Baltimore
Engel v Vitale
Gitlow v New York

25. All of the following concepts underlie the protection of civil liberties by the court system EXCEPT
All Americans have the right to a fair trial
A person is innocent until proven guilty
Increasingly, state as well as federal courts must uphold the Bill of Rights
Courts must rule in favor of a person who claims that his or her rights have been violated
The Constitution forbids the government from infringing on personal freedoms

26. The right to assemble extends to groups in all of the following situations EXCEPT
A hate group such as the KKK holding a rally
Right-to-life advocates attempting to prevent access to abortion clinics
Students holding an antiwar demonstration on a university campus
A religious group holding a public prayer meeting
A labor union starting a picket line

27. In which of the following cases did the Supreme Court first declare gender bias unconstitutional?
Roe v Wade
Reed v Reed
Engel v Vitale
Tinker v Des Moines
Mapp v Ohio