Unit 2 Study Guide

study up for those FRQs

Right to Speech Amendment

1st amendment

Right to Assembly Amendment

1st amendment

Right to Petition Amendment

1st Amendment

Right to Press Amendment

1st Amendment

Right to Due Process Amendment

5th, 6th amendment

Right to Religion Amendment

1st amendment

Right to Equality Before the Law Amendment

14th, 15th amendment

Right to Privacy Amendment

4th, 14th

Right to Speech limitations

Wartime (clear present danger), defamation, fraud, obscenity, incitement, threats

Right to Assembly limitations

No clear/present danger

Right to Petition limitations

Appropriate place/manner, no threats, no prisoners, signees must be 13+

Right to Press limitations

Source confidentiality in grand jury is not guaranteed

Right to Due Process limitations

No lawyer/miranda rights for terrorists

Right to Religion limitations

Respect public safety, health, morals

Right to Equality Before the Law limitations

Intangibility

Right to Privacy limitations

Search warrants, reasonable suspicion

Right to Speech court cases

West Virginia Board of Education v Barnette - Pledge of Allegiance can’t be mandatory in schools, the First Amendment cannot enforce conformity of opinion on any topic

Schenck v US - Schenck protested WW1, which presented clear/present danger to US military, who protects US

Right to Assembly court cases

Tinker v Des Moines - Students wore black armbands to protest Vietnam War, students can protest if they don’t inhibit other’s learning

Right to Petition court cases

Kings Mall v Wenk - Iraq War protest, mall is private property so Right to Petition doesn’t apply

Right to Press court cases

NYT v US - Pentagon papers, you can publish classified/illegal info

Branzburg v Hayes - Branzburg reported on drugs and refused to testify before grand jury, source confidentiality is not guaranteed in grand jury

Right to Due Process court cases

Dobbs v Jackson Women’s Health Organization - Overturned Roe v Wade, it “short-circuited the democratic process”

Right to Religion court cases

Groff v DeJoy - Groff fired because he didn’t work Sundays, an employer must demonstrate “substantial increased costs” to deny religious accomodation

Right to Equality Before the Law court cases

Brown v Board of Education - Black students segregated in schools, separate but equal is unconstitutional

Right to Privacy court cases

Dobbs v Jackson Women’s Health Organization - Constitution must SPECIFICALLY outline a right to be protected by amendments

Right to fair pay

Fair Labor Standards Act

• overtime hours (over 40) must be paid at a 1.5x rate

• employees 16+ have no work hour limits

• federal minimum wage is $7.25

Right to unpaid leave

Family and Medical Leave Act

• eligible employees may take unpaid leave for family/medical reasons with continued health insurance

  • 12 weeks/yr for health/family reasons

  • 26 weeks/yr to care for military family member

Young workers’ rights

Wage and Hour Division (enforces FLSA)

• employees under 17 cannot work any of the 17 hazardous occupations

  • mining, driving a motor vehicle, handling dangerous machines, etc

• employees 14-15 can only work outside of school hours

  • NOT more than 3 hrs on a school day, 8 hrs on a free day, 18 hrs/school week, 40 hrs/no school week

• minors CANNOT work graveyard shifts

Farm workers’ rights

Fair Labor Standards Act in Agriculture

• farm workers do NOT need to be paid extra for overtime, but MUST be paid federal minimum wage

• family members, animal breeders, some harvest laborers, and certain non-local minors can be EXEMPT from minimum wage and overtime pay

• employees UNDER 20 may be paid $4.25/hr for their first 3 work months

H-2B workers’ rights

H-2B provisions of Immigration and Nationality Act

• US nonimmigrants may perform temporary non-agriculture labor/services

• H-2B workers must be paid the highest applicable minimum wage (federal, state, local)

Restaurant workers’ rights

Fair Labor Standards Act

• overtime hours (over 40) must be paid at a 1.5x rate

• employees 16+ have no work hour limits

• federal minimum wage is $7.25

• extra work MUST be compensated, even if it was unscheduled or unapproved in advance

• tips CAN be counted as part of wage, but the employer cannot directly pay the employee less than $2.13/hr, and their wage must still add up to minimum wage

obligation to Selective Service

Military Selective Service Act

• men 18-25 MUST register for selective service

  • can be fined up to $250k and/or 5 yrs jailtime otherwise

• keeps men eligible for jobs, college loans/grants, job training, driver’s license in most states, and citizenship for immigrants

  —

• can supply the Department of Defense with personnel in times of need

• ensures fair, equitable draft

obligation to voting

Voting Rights Act 1965

• ensures ALL US citizens 18+ can vote if they are not serving a prison sentence for felony conviction

• enforces 15th amendment

  —

• voting ensures representation in govt

California Elections Code 14001

• employers MUST post a notice for employees 10 days in advance letting them know they can take paid leave to vote in state elections

obligation to pay taxes

California Department of Tax and Fee Admin.

• 7.25% tax rate

  —

• IRS sends you to jail for tax fraud/evasion

• taxes go to govt to fund programs/construction

  • police departments, sidewalks, etc

• W-2 tax form distributed by place of employment

obligation to jury duty

Pursuant to CA Code of Civil Procedure Section 209

• failure to attend to jury duty can be punishable by $1500 fine and/or 5 day incarceration

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• gives unbiased pov for court trials

• workplaces MUST give you time off for jury duty

• it is a privilege

obligation to being informed of civic issues

• allows for informed voting

  • awareness can positively contribute to your community, vote accordingly

obligation to perform public service

• keep society running

  • politicians, DMV workers, teachers, EMTs, etc

• paid less but you serve your community

Citizenship step 1

Determine if you are already a citizen

• birth certificate, passport, certification of citizenship, naturalization certificate

Citizenship step 2

Determine eligibility to become a US citizen

• must be at least 18, refer to Naturalization Eligibility Worksheet

Citizenship step 3

Prepare Form N-400

• have USCIS account, 2 passport-style photos, photocopy of Green Card, and a payment method

• refer to document checklist M-477 for additional documents

Citizenship step 4

Submit N-400, pay fees

• submit online or by mail, pay fee of $640+biometrics fee of $85 if applicable

Citizenship step 5

Biometrics appointment

• if necessary, USCIS will send you an appointment notice

• fingerprints, photograph, and signature will be taken for ID purposes

Citizenship step 6

Complete interview

• Bring appointment notice, conduct interview with USCIS officer

• English test- demonstrate literacy and basic spoken English

• Civics test- demonstrate knowledge about US gov/history

Citizenship step 7

Receive N-400 decision

• Send via mail or electronically

  • Granted

  • Continued/delayed - failed Civics/English test, or did not provide all necessary documentation

  • Denied - evident ineligibility for naturalization

Citizenship step 8

Receive notice to take Oath of Allegiance

• naturalization ceremony can be on same day of interview, or a future scheduled date

Citizenship step 9

Take Oath of Allegiance to US

• Complete Form N-445 questionnaire, have it reviewed by USCIS officer

• Turn in Green Card

• Take Oath of Allegiance

Citizenship step 10

Understand US Citizenship

• Rights- expression, worship, pursue life liberty and happiness, fair trial by jury, vote, apply for employment, run in office

• Responsibilities- support/defend Constitution and US, stay informed, participate in democratic process, respect all laws, respect others, pay taxes, serve jury