PS 101: TEST 3 (FINAL)

Chapters 4, 5, and 12

what are the 2 components of due process?

• procedural: shields individuals from things like indiscriminate arrest or imprisonment

• substantive: designed to protect an individual’s fundamental rights from arbitrary government action (right to marriage, children, etc)

Lochner v. New York (1907)

labor-based laws and regulations may restrict a person’s constitutional liberty to engage in work

Griswold v. Connecticut (1965)

• Connecticut banned forms of contraception

• ruling stated there is a right to privacy, even if the word is not explicitly stated in the Constitution

Third Amendment

prohibits the quartering of soldiers

Fourth Amendment

protects against unreasonable searches and seizures

Ninth Amendment

originally listed, enumerated rights do not prohibit the existence of additional rights to be retained by the people

define civil liberties

legal and constitutional rights that protect citizens from government actions

what is the difference between civil liberties and civil rights?

• liberties: limit government action, setting forth what the government cannot do

• rights: specify what the government MUST do

what is a writ of habeas corpus?

an order requiring that an official bring a person under arrest into court and explain to the judge why that person is being held in jail

what is a bill of attainder?

legislative act that directly punishes a specifically named individual without trial

what is ex post facto law?

a law that retrospectively changes the legal consequences of action committed before the enactment of the law

First Amendment

freedom of religion, speech, press, peaceful assembly, and the right to petition the government

Second Amendment

right of the people to keep and bear arms

Fifth Amendment

due process, protects against self-testimony and double jeopardy, requires fair payment if the government takes private property

Eighth Amendment

bans govt from using excessive bail, fines, or cruel and unusual punishments

Sixth Amendment

fast and public trial by an impartial jury, a lawyer, and the right to face witnesses

Seventh Amendment

right to a jury trial in civil lawsuits involving property or money

Tenth Amendment

any powers not given to federal govt belong to states or people

Barron v. Baltimore (1833)

US Supreme Court upheld that the Bill of Rights did not apply to state laws

what is the due process clause?

state governments must protect their citizens’ rights

what is the due process of law?

right to be treated fairly under the legal system

Eleventh Amendment

limits citizen lawsuits against states

Twelfth Amendment

electors shall vote separately for the Pres/VP

Thirteenth Amendment

abolishes slavery

Fourteenth Amendment

defines citizenship and guarantees equal protection under the law

Fifteenth Amendment

protects voting rights regardless of race

Sixteenth Amendment

creates a federal income tax

Seventeenth Amendment

direct popular election of US Senators

Eighteenth Amendment

begins prohibition of alcohol

Nineteenth Amendment

grants women the right to vote

Twentieth Amendment

sets dates for presidential and congressional terms

Twenty-first Amendment

repeals the 18th amendment (prohibition)

Twenty-Second Amendment

sets a two-term limit for the presidency

Twenty-Third Amendment

gives Washington, DC electoral votes

Twenty-Fourth Amendment

bans poll taxes in federal elections

Twenty-Fifth Amendment

clarifies presidential succession and disability

Twenty-Sixth Amendment

lowers the voting age to 18

Twenty-Seventh Amendment

limits congressional pay raises until after an election

what is the establishment clause?

• section of 1st Amendment

• prohibits Congress from passing laws respecting an establishment of religion

what is the free exercise clause?

• 1st Amendment

• government cannot pass laws prohibiting the free exercise of religion

Engel v. Vitale (1962)

• State Board of Regents in NY composed a nondenominational prayer, urged school districts to use in classrooms

• SC ruled as unconstitutional

what is the Lemon test?

for schools,

1. purpose of financial aid must be secular

2. primary effect must neither advance nor inhibit religion

3. must avoid an excessive govt entanglement with religion

Reynolds v. United States (1878)

• Reynolds had a polygamous relationship, prohibited by federal law

• Court denied, saying that it would make religious doctrines superior to law

Jacobson v. Massachusetts (1905)

• Jacobson, pastor, refused smallpox vaccine

• Court countered that states had the power to ensure the welfare of their communities

define symbolic speech

speech involving actions and other nonverbal expressions

what is subversive/seditious speech?

speech that urges resistance to lawful authority or advocates overthrowing the government

what is the imminent lawless action test?

speech can be forbidden only when it is directed to inciting imminent lawless action

what are the 3 criteria to restrict commercial speech?

1. seeks to implement substantial government interest

2. directly advances that interest

3. goes no further than necessary to accomplish its objective

what is libel?

published report of a falsehood that injures a person’s reputation or character

what is slander?

the public speaking of a statement that holds a person up for contempt, ridicule, or hatred

California v. Miller (1973)

to be ruled obscene, a work must:

1. excite unwholesome sexual desire under present-day community standards;

2. offensively depict prohibited sexual conduct;

3. lack serious literacy, artistic, political, or scientific value

what is the preferred-position doctrine?

• certain freedoms are so essential to a democracy that they hold a preferred position

• any law that limits these freedoms should be presumed unconstitutional, unless the govt can show the law is absolutely necessary

define civil rights

the right to equal treatment under the law, as provided by the 14th amendment

what is the equal protection clause

states must treat all persons equally and may not discriminate unreasonably against a particular group or class of individuals

define fundamental right

basic right of Americans provided by amendments and the Constitution

what is the strict scrutiny standard?

the law or action must be necessary to promote a compelling state interest

define suspect classification

a classification, such as race, that provides a basis for a discriminatory law

what was the Gazette of the US?

• edited by John Fenno

• supported Federalist party

• received business contracts from Hamilton

what was the National Gazette?

• edited by Philip Freneau

• supported Democratic-Republicans/Jeffersonian Republicans

• received business contracts from Jefferson

what was Hamilton’s opinion on the judiciary branch?

“least dangerous branch”

what was “riding circuit”?

travel around a certain area to which each hearing was assigned

what was one of the traditions that the judges took from England?

the habit of writing opinions declaring their reasons for making their decisions

what is the force of law regarding courts?

decisions upheld in higher courts will be used as reference for future rulings

Marbury v. Madison (1803)

• Chief Justice John Marshall stated SC has powers to declare laws or acts of Pres/Const as unconstitutional

• SC also has a veto regarding legislation

• judicial review

McCulloch v. Maryland (1819)

• reaffirmed federal supremacy

  • federal law prevails over state or local law

Dred Scott v. Sanford (1857)

• SC decided slaves were not citizens

• no matter where they went, they were still property of their owner

Slaughterhouse Cases (1873)

• SC ruled 14A did not specifically apply to states, and its due process, privileges, immunities, and equal protection clauses did not apply to actions by state govts

• BoR did NOT limit power of state govts

• lead to Plessy v. Ferguson

Plessy v. Ferguson (1896)

• established “separate but equal” doctrine — segregation

Lochner v. New York (1905)

• Court struck down law limiting how many hours bakers could work in a week, violates 14A

• best example of SC opposing use of Commerce Clause to regulate business

United States v. Carolene Products (1938)

• ended Lochner era

• declare Court’s decision to defer to Congress/Pres in the area of economic legislation

Youngstown Sheet and Tube v. Sawyer (1952)

• SC ruling that President exceeded his Constitutional authority as Commander-in-Chief

Brown v. Board of Education of Topeka (1954)

• explicitly overruled Plessy v. Ferguson

• specifically about school segregation, but decision held to apply to public facilities in general

Gideon v. Wainwright (1963)

• established rule that a defendant must have access to legal counsel when under arrest

Miranda v. Arizona (1966)

• Court decided police have to explicitly advise suspects of certain rights when they are placed under arrest

Loving v. Virginia (1967)

• laws prohibiting interracial marriages were deemed as violating the Equal Protections and Due Process clauses

Brandenburg v. Ohio (1969)

• established one current standard for limiting free speech

• speech has to be advocating imminent, violent, and illegal action before speaker can be punished for it — “Three Prong Test”

what is the Three Prong Test?

in order for free speech to be limited, it must:

• advocate imminent, violent, and illegal action

Roe v. Wade (1973)

• decision that an abortion is covered by a right to privacy

United States v. Nixon (1974)

• SC ruled Nixon had exceeded his executive powers

• ruled that presidents could not ignore subpoenas from courts

McDonald v. Chicago (2010)

• SC incorporated federal Const and BoR to limit power of states

• SC incorporated 2A to apply to states

• if you are allowed by state to own a handgun, you may keep it loaded, in your residence, and use it for self-defense

National Federation of Independent Business v. Sebelius (2012)

• Court divided if Congress had power under Commerce Clause to require people to buy health insurance

• ultimately imposed a tax on people who do not buy health insurance

New York State Rifle and Pistol v. Bruen (2022)

• SC decided NY’s proper-cause requirement violates 14A by preventing law-abiding citizens w/ ordinary self-defense needs from exercising their 2A right to bear arms in public for self-defense

Dobbs v. Jackson Women’s Health Organization (2022)

• SC overrule Roe v. Wade

• stated that there is no Constitutional right to abortion

• issue of abortion turned to states

where do most court cases take place? what percentage?

in state courts, 95%

what is the criteria for a case to go to federal court over state court?

a federal question must be raised, such as a violation of Civil Rights

how many federal district courts are there? how many per state?

94 total, at least 1 per state

how many appeals courts are there?

13

what is sitting “en banc”?

a full appeals court hears a case — extremely rare

what are the options for the losing side in federal courts?

1. move to an appeals court

2. further move to the Supreme Court

can the Supreme Court choose whether or not to hear a case?

for the most part, they have “original jurisdiction” in some cases

which court of appeals is in Michigan?

Sixth Circuit Court of Appeals

what are the 3 tiers/levels of federal courts?

1. US Supreme Court

2. US Circuit Courts of Appeals

3. US District Courts

what is the “rule of four”?

4/9 justices must agree to hear a case

what is a “writ of certiorari”?

lower courts send a case to the Supreme Court for a decision

how many justices are required (by the Constitution) to sit on the SC?

one: Chief Justice, no other number has been specified

what is FDR’s “Court Packing Plan?”

FDR tried to get Congress to increase the number of Justices so he could appoint people to the Court who would be more accepting of his policies

what occurs once the Supreme Court decides to hear a case?

1. each side must submit a “brief” in support of their case — written legal argument asking the Court to decide the case

2. lead attorney for each side stands before Court to make an oral presentation

3. Justices may ask attorney(s) questions about their case and argument

what is “stare decesis?”

• “let the decision stand”

• a side asks the Court to let its earlier decisions stand