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Fourteenth Amendment to the United States Constitution wikipedia , lookup
Separation of church and state in the United States wikipedia , lookup
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First Amendment to the United States Constitution wikipedia , lookup
Fifth Amendment to the United States Constitution wikipedia , lookup
Eighth Amendment to the United States Constitution wikipedia , lookup
Court Case Bonanza! For the AP Exam you’ll need to know the following court cases related to civil liberties and civil rights. These cases are known to show up in both the multiple choice and free response sections. This activity is designed to support your learning as far as you want to take it. Should you decide to simply memorize these rulings in flash-card fashion for short term test regurgitation, you’ll find this tool helpful. On the other hand, there are some features here that will support those nerds who choose to go the extra mile and actually (…pause for effect) “learn” these cases. Instructions: Read, and commit to memory, the ruling on each case. You may find it helpful to follow the hyperlinks in the left-hand column which take you to www.oyez.org, a fabulous resource on the United States Supreme Court. Here you’ll have the opportunity to read more about the background of the case, and the rationale behind the Court’s opinion. The true nerds may even click around a bit and listen to audio files of the oral arguments of the actual case! Generally, the more you can see each case as a “story,” the better the learning will stick. After you’ve explored a bit on the case itself, you’ll head over to the web to conduct an image search. Look for any image/icon, or even a collection of images, that would help trigger the memory of this case. Put these images in the image column and then begin studying your cases. Some students choose to use flash cards, but they are not required. This is due the day you choose to do the test. Remember that this is an individual assignment. Those assignments that are strikingly similar will receive zeros. Example: Court Case U.S. v. Doolittle, et. al, 2007 Ruling Image U.S. Supreme Court upholds state law requiring public school teachers to have a valid college degree, instead of one purchased online. Follow the link in this column to learn more about the case! Paste a related & memorable image here for later use in a “visual flashcard!” Court Case Ruling Question of Incorporation Barron v. Baltimore, 1833 Gitlow v. New York, 1925 Freedom of Religion (Establishment Clause) School Dist. Of Abington v. Schempp, 1963 Engle v. Vitale, 1962 Lemon v. Kurtzman, 1971 Wallace v. Jaffree, 1985 Elk Grove School Dist v. Newdow, 2003 Freedom of Religion (Exercise Clause) Reynolds v. U.S., 1878 Wisconsin v. Yoder, 1972 Church of the Lukumi Babalu v. Hialeah, 1993 Van Orden v. Perry, 2005 Freedom of Speech (and Expression) Miller v. California, 1973 Virginia v. Black, 2003 Schenk v. US, 1919 Bethel v. Fraser, 1988 Tinker v. Des Moines, 1968 Texas v. Johnson, 1989 Near v. Minnesota, 1931 Morse v. Frederick, 2007 Freedom of Press Claims that the Bill of Rights protections DO NOT apply to intrusions by state governments. By incorporating the Bill of Rights into the 14th Amendment, it overturns precedent in claiming the Bill of Rights DOES apply to state governments. Strikes down practice of school-sponsored Bible reading as a violation of the establishment clause. Strikes down an involuntary, non-denominational prayer at the beginning of the school day as a violation of the establishment clause. Establishes a test to determine whether federal funding to parochial schools violates the establishment clause. Strikes down an Alabama law that allowed teachers to conduct religious prayer services and activities during the school day. Dismisses a case challenging the constitutionality of the phrase “One Nation Under God” in the Pledge of Allegiance. Rules that religious duty is not sufficient defense against criminal charges of polygamy (First Amendment does not protect polygamy as a religious practice). The Court ruled that Amish adolescents could be exempt from a state law compelling school attendance The Court found laws passed by four Florida cities banning animal sacrifice were targeted at the Santeria religion, which employs animal sacrifice in prayer, and as such the laws were unconstitutional. A Ten Commandments monument on the grounds of a state capitol building does not violate the First Amendment's establishment clause because "simply having religious content or promoting a message consistent with a religious doctrine does not run afoul of the establishment clause." Establishes a test for local authorities to define the nature of “obscenity.” Declares cross burning is protected by the First Amendment as long as the act does not have the intent to intimidate. Declares speech will NOT be protected if it creates a “clear and present danger.” Declares student speech is NOT protected by the First Amendment if it lacks value and is “disruptive of learning.” Protects “symbolic speech” of students protesting with armbands. Protects flag burning as “symbolic speech” Declares “prior restraint” unconstitutional; that is, governments cannot suppress or regulate speech before it is given. Upholds the authority of public school administrators to suspend students for promoting illegal drugs at a school event (“Bong Hits for Jesus”). Image NY Times v. Sullivan, 1964 Hazelwood v. Kuhlmeier, 1987 Requires proof of “malicious intent to harm” in order to prove libel against news organizations. Upholds the authority of public school administrators to censor student newspapers since they are tools for learning – not forums of free expression. Freedom of Assembly Boy Scouts of America v. Dale, 2000 Village of Skokie v. National Socialist Party, 1978 or (Wikipedia) Schenck v. Pro-Choice Network of Western New York, 1997 Search & Seizure/Privacy New Jersey v. TLO, 1984 Griswold v. Connecticut, 1965 Planned Parenthood v. Casey, 1992 Roe v. Wade, 1973 Mapp v. Ohio, 1961 Veronia School Dist. V. Acton, 1995 Death Penalty Gregg v. Georgia, 1976 Stanford v. Kentucky, 1989 Ropers v. Simmons, 2005 Upholds the Boy Scouts authority as a private institution to exclude Dale on the basis of his homosexuality (ignoring New Jersey public accommodation law). The Supreme Court ruled that the National Socialist (Nazi) Party could not be prohibited from marching peacefully, simply because of the content of their message. The Supreme Court overturned a fifteen-foot “floating buffer” around patients leaving or entering an abortion clinic; though, “fixed buffers” were permitted since they protected the government’s interest in public safety. Permits school officials to search student property with standard of “reasonable suspicion.” “Though the Constitution does not explicitly protect a general right to privacy…together, the First, Third, Fourth, and Ninth Amendments, create a new constitutional right, the right to privacy in marital relations.” Upholds mandatory waiting period and parental consent for abortion, but strikes down spousal notification. Establishes a woman’s right to choose an abortion and creates guidelines for the states according to trimesters. Establishes the “exclusionary rule,” stating that illegally obtained evidence is inadmissible in court. Upholds right of public school administrators to conduct random drug tests (urinalysis) to student athletes. Upholds the constitutionality of capital punishment. Upholds the constitutionality of capital punishment for minors. The Courts determined the execution of a minor violates the “cruel and unusual punishment” provision of the 8th Amendment. Overturns Stanford v. Kentucky, 1989. Due Process Gideon v. Wainwright, 1963 Miranda v. Arizona, 1966 Rasul v. Bush, 2002 Hamdan v. Rumsfeld, 2006 Kelo v. City of New London, 2005 Protects the right of the accused person to have an attorney provided free of charge. Requires authorities to notify people of their rights to silence and counsel upon arrest. Declares U.S. court system has jurisdiction to consider legal appeals by foreign nationals (non-citizens) imprisoned at Guantanamo Bay Naval Base. Declares that enemy combatants have habeas corpus rights, and international rules of war (Geneva Convention) may be enforced in U.S. federal court “The Fifth Amendment did not require "literal" public use, the majority said, but the "broader and more natural interpretation of public use as 'public purpose.'" Therefore, the city's taking of private property to sell for private development” is constitutional. Discrimination Plessy v. Ferguson, 1896 Brown v. Board of Education, Upholds the doctrine of “separate but equal” in public facilities. Strikes down the doctrine of “separate but equal” in public 1954 University of Cal. Regents v. Bakke, 1978 schools, claiming that separate is inherently unequal. Upholds the use of race as a determining factor in graduate school admissions, but strikes down the notion of minimum racial “quotas.” Gratz v. Bollinger, 2003 Struck down the University of Michigan’s heavy use of racial preferences in undergraduate admissions. Under the 14th Amendment’s Equal Protection Clause the Court held that Virginia Military Institute’s male-only admissions policy was unconstitutional. Establishes the principle of “one man, one vote,” by declaring that legislative districts must be as near as possible in population (protects against aggressive gerrymandering). Strikes down state laws banning homosexual activity as unconstitutional violations of the right to privacy. Overturns Bowers v. Hardwick, 1986. United States v. Virginia, 1996 Baker v. Carr, 1962 Lawrence v. Texas