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TEXAS STATE / Engineering / POSI 2320 / What is the free exercise clause about?

What is the free exercise clause about?

What is the free exercise clause about?


School: Texas State University
Department: Engineering
Course: Functions of American Government
Term: Spring 2017
Tags: posi2320, henderson, texasstate, texasstateuniversity, Government, judicial branch, courtcases, and examreview
Cost: 50
Name: Functions of American Government- POSI 2320- Henderson Exam 1 FULL review
Description: I've taken information from my previous notes and incorporated notes from the material Professor Henderson said would be on the test in class. This review includes key terms, a full list of court cases, and information on the Judicial System. Professor: Henderson
Uploaded: 02/12/2018
6 Pages 81 Views 7 Unlocks

Functions of American Government POSI 2320  

What is the free exercise clause?


Exam 1 Review

70 Questions


• Establishment clause- “government cannot coerce anyone to support or participate in  religion or its exercise”

• Freedom of speech  

• Free exercise clause- Free to practice own religion

• 3rd amendment – unlawful search and seizure

• 4th amendment – privileges and immunities clause- prevents states from discriminating  against people from other states

• 5th amendment – due process clause-everyone has equal protection under the law,  takings clause-private property shall not be taken for public use without proper pay,  precedent-court is guided by previous court rules

What is the privileges and immunities clause?

Don't forget about the age old question of Explain the consumption process.

• 6th amendment- right to council, protected from actions by state  

• 9th amendment- privacy, Roe v. Wade

• 13th, 14th, 15th amendment – civil war amendments, 14th exists to impose bill of rights on  states by selective incorporation, added equal protection law,  

Supreme Court Process (Lowest to Highest)

Federal District Courts

• Lowest

• Appointed by president, confirmed by senate

• Inferior courts established by congress

• 800 judges in all

What is the due process clause?

• 94 federal district courts all together, 1 in every state and 4 in most populous state  • original jurisdiction only & civil jurisdiction for violating federal laws of constitution case  originating at federal district courts  

• criminal and civil cases argued here first

Circuit Courts of Appeal

• Texas is in 5th circuit with Louisiana and Mississippi If you want to learn more check out What are the functions and elements of culture?

• 13 courts with a 3-judge panel If you want to learn more check out What is modernization theory?

• appellate jurisdiction only  

• appointed by president, confirmed by senate

• En Banc- Federal appellate courts hears a case with all 3 judges together • Remand- Federal appellate court in light of new evidence has an “oh sh**” moment and  remands case to where it was originally heard

Supreme Court

• 1 chief justice, 8 associate judges

Functions of American Government POSI 2320  


• Ultimate court of last resort

• Appointed by president confirmed by majority vote in Senate  

• Public hearing on TV to consider judge  

• Appellate and original, original is rare (Marbury v. Madison)

• Writ of certiorari- requesting lower court to give the Supreme Court a record of the  case We also discuss several other topics like What is the function of a constitution?

• Resolves large legal issues

• Writ of mandamus- compelling a public official to act (Marbury v. Madison) • Meets first Monday in October

• Works within interpreting constitution, statutes, and precedents

• De Facto- without the force of law behind it

• De Jure- with the force of law behind it

• Per curiam- “for the court”, so unanimous that a writ of certiorari is not needed • Stare Decisis- “let the decision stand”, policy of following previous rules laid down in  judicial decisions

• En forma pauperis- “in the form of a pauper”, party to a lawsuit who gets filing fees  waived by filing they have no money to pay

• “Which one if not part of the Miller/Lemon Test?” (See Below)

Lemon Test

• government action has to have a secular legislative purpose Don't forget about the age old question of What are the categories of allopatric speciation?

• government action must not have primary effect of either advancing or restraining religion

• government shouldn’t have excess entanglement with religion

• Unconstitutional if any of the three rules are violated

Miller Test

• Whether someone in the general public would find the material to appeal to prurient  interest

• Whether the work depicts offensive sexual conduct specifically defined by applicable  state law

• The work lacks any literary, artistic, political, or scientific meaning

Appellate jurisdiction

• appellate jurisdiction- authority to review cases that have already been heard in lower  courts

Original Jurisdiction

• authority to be the first court to hear case

Plurality Opinion

• view of the winning side of judges who voted for that side Don't forget about the age old question of Narrate the history of microbiology.

Dissenting Opinion

Functions of American Government POSI 2320  


• justices on the losing side explaining their opinion

**True/False questions – “extraordinarily false” if false**

Judicial Activism

• judicial rulings that might be based on personal opinion rather than existing law Judicial Restraint

• limit the power of judges to strike down a law

Loose v. Strict construction  

• Loose- intentions are impossible to determine due to how long ago the founders wrote  the constitution, society and interpretation are constantly changing

• strict-court must be guided the intentions of the framers of the constitution and the  words within the constitution

**Study Handout over how Supreme Court Operates**

Statutory Law

• defines written laws set down by a body of legislature, judges have some freedom  when deciding a ruling in cases based on a statute

Administrative Law

• body of law that governs actions of administrative agencies in government, branch of  public law

Plain Meaning Rule

• Can be solved with common sense

Most recent appointee

• Neil Gorsuch


• Chief Justice John Roberts

The Federal Judicial System  

• Separate & Independent branch of government  

• All judges appointed and nominated to office by the President, then confirmed in  the Senate

• No requirements for being a federal judge  

• Serve until death or retire

• Federal judges make rulings based within the boundaries of a legal system

Extra Notes

** 3rd article establishes Judiciary**

**Judges appointed for life**

**Become more partisan over time **

Functions of American Government POSI 2320  


**Presidents have traditionally selected members in federal judiciary from their own party** **Reagan was the first president to nominate a woman onto the Supreme Court**

Court Cases  

Marbury v. Madison (1803):   

• Forms the basis for the exercise of judicial review in the United States under  Article III of the constitution  

Fletcher v. Peck (1810):  

• Act of Georgia legislature rescinding a land grant was unconstitutional because it  revoked rights previously granted by contract  

• Relating to the Contracts Clause of the 1st amendment  

McCulloch v. Maryland (1819):

• Congress has implied powers derived from those listen In Article 1, Section 8.  • “Necessary and Proper” Clause gave Congress the power to establish a national bank Dartmouth College v. Woodward (1819)

• New Hampshire had attempted to take over Dartmouth College by revising its colonial  charter  

• Court ruled charter was protected under contract clause found in the U.S. constitution Gibbons v. Odgen (1819)  

• Commerce clause  

• Congress has power over interstate commerce  

Barron v. Baltimore (1833)  

• Bill of rights doesn’t apply to state governments  

• Helped define what federalism is in US constitutional law  

Santa Clara v. Southern Pacific Railroad (1866)  

• Ruling established principle that corporations are persons  

• Subject to same protections provided by 14th amendment  

Lochner v. New York (1905)

• Employer and employee to negotiate how many hours to work  

• No one can be deprived of that right, under 14th amendment  

Schenk v. United States (1919)  

• People who interfere with war effort put in jail  

• Free speech limited if it presented a clear and present danger  

Gitlow v. New York (1925)  

       • 14th amendment extended from 1st amendment to protect freedom of speech  Near v. Minnesota (1931)  

• First time Supreme Court declares “prior restraints” on publications was against the 1st  amendment  

• Minnesota law permitted a judge to stop publication of any newspaper it deemed  obscene, malicious, etc.  

Mapp v. Ohio (1969)

Functions of American Government POSI 2320  


       • exclusionary rule applied to states  

West Virginia v. Barnette (1943)  

• West Virginia Board of education required saluting a flag as an activity  • If refusal to salute, teachers and students punished  

• Deemed unconstitutional because it violated 1st amendment values, made people have  a single opinion that couldn’t be disagreed with without punishment = wrong Everson v. Board of Education of New Jersey (1947)  

• Huge case for Supreme Court  

• Establishment clause in Bill of Rights is state law

Engel v. Vitale (1963)  

• Unconstitutional for schools to enforce an official school prayer and its recitation during      school  

Lemon v. Kurtzman (1971)  

• religion clause, excessive entanglement of church and state  

• Rhode Island statute unconstitutional  

Wallace v. Jaffree (1985)   

• Court denied Alabama law that required a moment of silence for prayer and  meditation

• Violated establishment clause  

Santa Fe I.S.D. v. Doe (2000)   

• School council chaplain gave a speech too overly Christian during home football  games  that offended a catholic and Mormon family

• Dictated football prayers were private student speech and not a public speech  • Ruled the prayer didn’t violate establishment clause  

New York Times v. Sullivan (1964)

• Established “actual malice” standard  

• Must prove author had prior information and knew they were committing actual malice  (recklessly disregarding truth)  

New York Times v. The United States (1971)  

• prior restraint  

• refused to prevent the publication of pentagon papers  

Miller v. California (1973)

• stricter enforcement on what qualifies as obscenity  

• Deemed obscene if : citizen states it violates community guidelines, has offensive sexual  content, has no literary, artistic, political or real purpose besides being obscene Gideon v. Wainwright (1965)  

• Defendant has right of counsel in all trials despite inability to pay  

Roe v. Wade (1973)  

• State laws could not restrict abortion during first 3 months of pregnancy  • 4th amendment right of privacy  

Texas v. Johnson (1989)  

• burning a flag is symbolic speech as long as there is no disruption

Functions of American Government POSI 2320  


F.C.C. v. Pacifica (1978)  

• Children could be present during a T.V. station or radio broadcast, so any indecent  material shown or said will result in the punishment of the station

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