PSC Test 3 Study Guide
PSC Test 3 Study Guide PSC 2302
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This 9 page Study Guide was uploaded by Sydney Biekert on Tuesday April 26, 2016. The Study Guide belongs to PSC 2302 at Baylor University taught by James Curry in Winter 2016. Since its upload, it has received 173 views. For similar materials see American Constitutional Development in Political Science at Baylor University.
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Date Created: 04/26/16
Political Science 2302, Curry, Spring 2016. Review Questions for Test Three (Chapters 1216) HERE is a great court case website: https://quizlet.com/108602060/test3court casespsccurryflashcards/ 1. Cases: Yates v. US: Ended prosecutions of communists (Dennis v. US) and distinguished between belief and action Near v. Minnesota: Minnesota law prohibiting malicious, scandalous, and defamatory writings was overturned by the Supreme court saying it restricts the First Amendment Atkins v. Virginia: struck down execution of the mentally retarded Pottawatomie v. Earls: It is reasonable that schools may test all students in extracurricular activities for drugs Katz v. US: extended fourth amendment to include all scenarios where a person has “reasonable expectation of privacy” Snyder v. Phelps: First Amendment shields those who protest at the funeral of a military member from liability for intentionally inflicting emotional distress on the family of the deceased. Edwards v. Aguillard: ruled that creationism cannot be taught in public schools because it advances one particular religion Oregon v. Smith: ruled that Native Americans cannot use peyote during religious worship and get unemployment benefits / the state doesn’t need to make a religious exception as long as it enacts a “generally applicable state law” applying to everyone / it overturned Sherbert v. Verner Brandenburg v. Ohio: government can’t punish inflammatory speech unless it is likely to incite lawless action 2. The ruling in Schenck v. U.S. established what First Amendment test? It established the clear and present danger test. The court upheld the conviction of Schenck under the Espionage Act. Congress can abridge “free speech” if the speech creates a “clear and present danger.” 3. Which case allowed a state to refuse a college scholarship to a person majoring in religion? Locke v. Davey 4. What are the specific parts of the Miranda warning? Right to remain silent Anything said can be used against a suspect in a court of law Right to the presence of an attorney If the suspect cannot afford an attorney, one will be appointed prior to any questioning 5. What right did the Court uphold in Snyder v. Phelps? The First Amendment shields those who protest at the funeral of a military service from liability for intentionally inflicting emotional distress on a family of the deceased 6. How did Dickerson v. U.S. add to the Miranda rules? It held that the US Constitution requires Miranda warnings which is a “constitutional rule” and cannot be overruled by legislation. Confessions given without Miranda warning are not admissible even if they are “voluntary”. It also stated that the Miranda warnings are part of our national culture. 7. Why did the Court uphold O’Brien’s conviction in U.S. v. O’Brien? The court recognized that burning a draft card was expressive as a war protest, but it considered the protest unrelated to free speech because it was during war time. 8. Why was the student protest upheld in Tinker v. Des Moines Schools? The court upheld the students’ First Amendment rights because they did not cause disruption by wearing black armbands. The armbands were “silent, passive expressions of opinion.” Schools must show a “substantial disruption” before speech can be limited at school. Court agreed with the students which is very rare. 9. Texas v. Johnson concerned what First Amendment issue? It involved the burning of the American flag as a means of protest. The court held that it was protected under the First Amendment right to symbolic speech. 10. What is the Confrontation Clause? Maryland v. Craig The Confrontation Clause said that a person accused of a crime has the right to “confront” his accuser. This is guaranteed by the 6th Amendment. All evidence presented against a person must be done in an open courtroom in which the accuser and the accused can observe one another. Maryland v. Craig said that the state’s interest in protecting the physical and psychological wellbeing of children could be sufficiently important to outweigh defendant's right to face their accuser children do not have to see their attacker. 11. Which religious group has been involved in the most free exercise of religion cases? Jehovah’s Witness 12. What are the theories of the Establishment Clause noted in the textbook? Strictseparation or noaid theory: reflects that there is a rigid division between secular and religious authorities and structures. Incorporates Jefferson's reference to a "wall of separation." There is to be no aid of any kind. Governmentneutrality theory: requires that the government be neutral in various matters involving religion in the public order. Government accommodation theory: a view of the churchstate relationships that American's are "religious people." Only some form of secular accommodation of religion can reconcile the inherent clash between the two religion clauses of the first Amendment. So, some accommodation is necessary. Government can accommodate a religion as long as its not promoting one. 13. Who was James Otis? Defended Americans against unjust searched by the British, began the thought of the American Revolution Famous defense of privacy in 1761 14. What did the Court do to campaign finance limits in Citizens United v. FEC? The court permitted corporations and unions to spend unlimited amounts to buy advertising to support candidates in an election. Corporations are still prohibited from contributing directly to a candidate. Gave corporations the same first amendment protections as individuals. 15. Is it legal to possess child pornography? No. It is illegal and not protected by the First Amendment. 16. What is the New York Times v. Sullivan rule for public officials who are suing for libel? Actual malice was established from MLK defamation was defined by southern commissioners. In order to protect the free flow of ideas in the political arena the law requires that a public official who alleges libel must prove actual malice in order to recover damages. 1st Amendment protects robust debates. 17. Actual malice = “Defamatory falsehood made “knowingly, deliberately, maliciously” Simple malice = “Defamatory falsehood made in “good faith”” 18. How do we amend the U.S. Constitution? 2 stages Derived from Article V. o 1st stage is Congress proposes an amendment with ⅔ majority vote in both the House of Representative and the Senate or by a constitutional convention by ⅔ of the State legislatures. o 2nd stage it is ratified by 3/4s of the states (38 out of 50). 19. Burwell v. Hobby Lobby Stores ruling? Religious freedoms trumped government, ACA and allowed not to provide 4 types of contraceptives. ACA requires employers to provide contraceptive methods to employees and these could go against employers belief. Question of if Hobby Lobby can close on Sunday came up and what religious freedom they had under RFRA (religious freedom Restoration Act). Ruling said that the gov. Has not chosen the least restrictive means in requiring employers to provide coverage. 20. What is the test for obscenity established in Miller v. California? What is the Roth Standard? Modified Obscenity test when Miller distributed adult material by mail and recipients were displeased so they told the police. Test: (threepronged) 1. Whether average person in adult community would find the work sexually offensive. 2. Whether average person would find the work depicting or describing sexual conduct or sexual organs. 3. Whether reasonable person would find that the work taken as a whole lacks serious literary, artistic, political, or scientific value. Roth standard: (What above is said briefly) 1. Offensive sexual conduct must be defined by applicable state law. 2. Must appeal to prurient interest in sex. 3. Considered as a whole, must lack “serious literary, artistic, political, or scientific value” 21. Once a defendant exercises his Miranda rights, how long before police can question him again? They must stop interrogation. But prosecutors can use statements made after Miranda waiver is used. 14 days 22. Which case upheld the use of school vouchers? Why? Zelman v. SimmonsHarris. Allows vouchers for private school because neutrality clause. 23 Who was Joseph McCarthy, and what was the McCarthy Era all about? US senator who attacks people for being Communist or sympathetic to communism. This creates anticommunism. Congress passed several laws aimed at Communist. (look at ch. 14 pp for all the laws past). By mid1950s Mccatrhy had begun to lose his hold on America by abusing his power. He was eventually condemned by the Senate. 24. The ruling in Santa Fe v. Doe told school districts they could no longer do what? Why? Students can not pray over the loudspeakers, because that is considered school sponsored prayer. 25. What is the ruling in Lee v. Weisman School can’t invite clergyman, off campus to speak/pray because restricts students from going to things because that would be a school sponsored religion. 26. What does the Oregon v. Smith ruling say about allowing religious exemptions to general laws? Ruled Native Americans couldn’t smoke peyote under their religion because state law against it was fair to all. Challenged on basis of compelling interest test. Court said state does not need to make an exception for religious conduct, as long as state applies equality for everyone. 27. Why has the Supreme Court held teaching of creationism to be unconstitutional? Court held that the teaching of Biblical creation is religious in nature and cannot be conducted in public schools (Edwards v. Aguillard). “Supreme being” cannot be separated from its reliance on creationism (Kitzmiller v Dover Area School District). 28. Which religious group has been involved in more Free Exercise cases than any other group? Jehovah witnesses. Have had 72 cases brought down. 29. You should be able to identify the ruling in each of the following court cases: Sherbert v. Verner; 7th day Activist fired for not working Saturday's, state wanted to deny unemployment benefit but court ruled that unconstitutional. Widmar v. Vincent; Universities were required to allow religious extracurricular groups to meet on campus as a part of neutrality. Locke v. Davey; Withholding scholarships from Religion majors is constitutional because Washington State law allowed them to decide who received what. Neutrality law. 30. What are the three parts of the “Lemon Test?” 1. Purpose of aid must be secular 2. Effect of aid on religion must be secular 3. Aid must not create “excessive entanglement” between Church and State. 31. What was the Memorial and Remonstrance Against Religious Assessments about? Who wrote it? James Madison wrote it. Published anonymously as part of the successful petitioning campaign opposing a general assessment, or statewide tax, that would support the ministers or teachers of all Christian denominations in Virginia. 32. Double jeopardy means what? When does it not apply? Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same (or similar) charges in the same case following a legitimate acquittal or conviction. (prohibited under 5th amendment) doesn't prevent 1. Use of forfeiture laws (seizing money and proper in drug cases, new Texas law allows forfeiture of property used for dog fighting) 2. Civil commitment laws (looking up sexually violent predators after they have served their prison sentences) Doesn't apply: when person may be tried in state and federal courts for committing the same act, because that's not in the same jurisdiction. 33. What do we mean by a “wall of separation?” Who first used the phrase? The strictseparation theory for the Establishment clause: no aid of any kind. Government and church are NEVER involved. Coined by Madison and Jefferson. 34. Massachusetts v. Melendez Diaz? Lab techs, CSI, and forensic analysts must come to court to testify. Under Crawford v. Washington rule, forensic analysis showing that a seized substance was cocaine was "testimonial." Confrontation Clause: a person accused of a crime has the right to "confront" his accuser. Guaranteed by the Sixth Amendment. All evidence presented against a person must be done in an open courtroom in which the accuser and the accused can observe each other. 35. James Madison would be associated with which Establishment Clause theory? Strictseparation theory between church and state 36. What does the ruling in Kansas v. Hendricks allow a state to do to a sexual predator? 1. Held that involuntary civil commitment of a sexual predator following serving a jail sentence does not violate due process guarantees. 2. Rule this was not "punishment" and therefore not double jeopardy. 3. Many states now have civil commitment programs for sexual predators. 37. How long do police have to wait before questioning a suspect about a different matter after he invokes Miranda? 14 days 38. Since Gregg v. Georgia, death penalty laws must contain certain requirements. What are they? Bifurcated trials Jury must consider specific "aggravating circumstances" before giving death penalty. Jury must also consider "mitigating circumstances" Automatic right of appeal. Resumed executions 39. In what 3 states are most executions held? What is the most common method of execution? Texas, Virginia, Oklahoma. lethal injection 40. What are peremptory challenges? When are they NOT to be used? Preemptory challenges: limited numbers of challenges each side in a trial can use to eliminate potential jurors without stating a reason. NOT used when: to keep members of a particular race or gender off the jury. 41. Which case upheld the use of victimimpact statements in the punishment phase? Payne v. Tennessee 42. What were the important results of these cases? Furman v. Georgia; Furman was robbing a home when a resident came home. He ran, tripped, fell and his gun went off and killed the resident. Furman was given the death penalty. Result: in these instances, this is cruel and unusual punishment and in violation of the 8th amendment. Atkins v. Virginia; stuck down execution of mentally retarted Roper v. Simmons; struck down execution of minors Kennedy v. Louisiana: held that the death penalty is not appropriate for a crime that does not include taking a life; struck down execution for child rape 43. Gideon v. Wainwright incorporated the right to what? Right to counsel is guaranteed when punishment includes possible imprisonment, even "suspended sentences." Required even for "plea bargaining" 44. What is a Batson challenge? An objection in which one party argues that the other has used the preemptory challenge to strike one or more prospective jurors from the panel for a discriminatory purpose in violation of the equal protection guarantee of the U.S. Constitution (race). 45 What did the Court have to say about displays of the Ten Commandments in Van Orden v. Perry and McCreary County v. ACLU? Why were the rulings different? In Van Orden: the statue was for historical purposes. Didn’t violate Establishment Clause. In McCreary: it was part of a religious agenda by authorities. Therefore violated Establishment Clause. 46. Compare the rulings in Dennis v. US and Yates v. US? What is the key difference in the rulings? Yates and others were only talking about ideas that would violate the Smith Act; Dennis acted on ideas that did violate the Smith Act. Government cannot prosecute someone for what they believe in, but when one acts on those beliefs, it is no longer necessarily protected by the First Amendment. Differentiated action from belief Quotes: “The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used against the individual in court.” Miranda Rights (Miranda v. Arizona) “We are not persuaded that the execution of mentally retarded criminals will measurably advance the deterrent or the retributive purpose of the death penalty. . . . [In the light of our ‘evolving standards of decency,’ we therefore conclude that such punishment is excessive . . . Atkins v. Virginia "When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight . . .." Schenck v. US "The religion then of every man must be left to the conviction and conscience of every man, and it is the right of every man to exercise it as these may dictate. This right is . . . an unalienable right." James Madison, Memorial and Remonstrance Against Religious Assessments “The State’s interest in not funding the pursuit of devotional degrees is substantial and the exclusion of such funding places a relatively minor burden on Promise Scholars. If any room exists between the two Religion Clauses, it must be here.” Locke v. Davey “No one can question the State’s duty to protect children from ignorance, but this argument does not square with the facts disclosed in the record. Whatever their idiosyncrasies as seen by the majority, this record strongly shows that the . . . community has been a highly successful social unit within our society . . .” Wisconsin v. Yoder "We recognize that distinctions between advocacy and teaching of abstract doctrines with evil intent, and that which is directed to stirring people to action, are often subtle and difficult to grasp .. Persons must be urged to do something rather than just to believe in something." Yates v. US "If Government is aware that a group aiming at its overthrow is attempting to indoctrinate its members and to commit them to a course whereby they will strike when the leaders feel the circumstances permit, action by the Government is required." Dennis v. US "If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable... " Texas v. Johnson “A student’s privacy interest is limited in a public school environment where the State is responsible for maintaining discipline, health, and safety” Board of Edu v. Earls ". . . in this country it is no part of the business of government to compose official prayers for any group of the American people to recite as part of a religious program carried on by government. . ..” Engel v. Vitale “The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.” Schenck v. US “Today then, there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings, and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.” Miranda v. Arizona
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