US Government Review for Civil Liberties and the Final Exam

C. D. SchallhornMay, 2010

This Amendment guarantees the ability for people to speak their

mind

First

List the six clauses in the First Amendment

Freedom of worship, speech, assembly, press, petition the gov’t and no Congressional religion

Gov’t shall not execute illegal searches and seizures

4th Amendment

And all powers not specifically mentioned in Articles 1-7 shall be

reserved to the states

10th Amendment

No cruel and unusual punishment

8th Amendment

Defendants shall have the right to remain silent because anything

they say can be used against them in a court of law. This warning

comes from which SCOTUS case?

Miranda v Arizona

No double jeopardy

5th Amendment

I cannot be forced to testify against myself

5th Amendment

The legislative branch does this

Make laws

The primary role of the executive branch is this

Carries out the laws

What does the judicial branch do to laws?

Interprets the laws

Rights granted to an individual in terms of social rights. Similar to the unalienable rights, the Court must

make sure that an individual’s ***** ******are never violated, particularly on the foundation of

their race.

Civil Rights

The process by which each convicted individual is tried of a crime in the

American justice system. Under the “*** ******* Clause”, the court must

make sure that no citizen is ever denied of all the rights of the American

justice system, specified in the Constitution.

Due Process

Enumeration of rights here does not negate other rights not

mentioned—which amendment?

9th Amendment

Right to a trial by jury

7th Amendment

Top legal appeal in the US

SCOTUS

Powers that are exercised by both state and national governments

concurrent

Powers that only the states have

reserved

Powers that are written in the Constitution for the National

Government

Enumerated/Expressed Powers

Powers listed in Article 1, Section 8

Enumerated powers

The clause in Article 1, Section 8 that gives broader powers than

just the ones listed

Elastic Clause

The powers in Article 1, Section 8 that gives broader powers than

just the ones listed

Implied powers

Act in 1972 that allowed the President to send troops to anywhere for up to 60 days

War Powers Act

Who can declare war?

Only Congress

When the President turns down a bill passed by Congress—it’s called

this

A veto

When 2/3 of the Congress decides that a veto is a bad idea and passes

a law anyway

Veto override

Each branch has some powers over the other branches is called this

Checks and balances

Congress can investigate members of other branches as well as their

own

Oversight power

Most bills in Congress go here to die

Committees

This case ensured that the establishment clause in the

Constitution prohibited prayer in public schools. The Court thusly

decided that prayer in secular schools was unconstitutional.

Engle v. Vitale - 1962

In this landmark case, the Court struck down a law requiring students to recite the pledge of

allegiance each morning (it was brought about by members of the Jehovah’s Witness faith). The Court ultimately ruled that imposing a sworn

belief on an individual violates their rights. The result of this decision can be traced to many cases in which forced organized allegiance is

deemed unconstitutional.

W. Virginia Board of Education v. Barnette-1942

This case dealt with the Pentagon’s release of important documents concerning

advancement in the Vietnam War. The Court decided that it was in the nation’s best security interests to withhold the

detailed report. The case has resulted in others involving public cover-up.

N. Y. Times v. United States - 1971

In this case, the Court made a decision concerning the limitations of free speech within the confines of school grounds. It ruled schools could not prohibit students from wearing black armbands to school as a sign of their opposition

to the Vietnam War, but more generally, it extended the constraints of free speech to students. The issue of student rights (and

violation thereof) has been a longstanding result of this case.

Tinker v. Des Moines School District – 1969

This is a case that dealt with a current subject – online pornography. The court

ruled that suspending such “indecent material” is a violation of freedom of expression. Many other cases against online “expression” have arisen as a

result.

Reno v. ACLU – 1997

This case concerned the details of “obscene” material. The court’s ruling stated that any

medium is obscene under three specific constraints: (1) one would find it appealing to prurient interests, (2) it is sexually explicit, and (3) the work lacks literary, artistic, political, or

scientific value. These constraints have been the background of many other such cases involving

obscenity in the media.

Miller v. California – 1973

This case was an overruling of a previous case “Betts v. Brady” – it dealt with the issue of one’s inability to pay for an attorney. The court ruled that under the 6th Amendment, the state was

mandated to provide for a convict’s legal fees. This case has resulted in state payment of

countless cases in which the convicted party was not able to pay for his or her legally accessible

attorney.

Gideon v. Wainwright – 1963

This case dealt with the murder conviction of Danny Escobedo, a convict who incriminated

himself during a police questioning was repeatedly denied his attorney. The court ruled

that Escobedo could have avoided self-incrimination if an attorney had explained to him

his 5th amendment rights, and overturned his conviction. This case lead to the reform of justice departments across the United States in terms of

convict rights.

Escobedo v. Illinois – 1964

This case involved the rights of an arrested individual being withheld upon his arrest. He

claimed that he had not been given a clear description as to what he could and could not

initially do according to law. The court overturned his conviction based on this argument

of ignorance. As a result of this finding, mass reform in law enforcement took place. The “Miranda Rights”, which are now read to a

convict upon arrest, were formed.

Miranda v. Arizona, Gideon v Wainwright, and Escobedo v Illinois

The controversial topic of capital punishment was the issue of this case. The

Court ruled that so long as the method is not cruel or unusual, punishment by death is not unconstitutional. The finding of this case has been the issue of controversy for years, and continues to justify the use of

the death penalty.

Gregg v. Georgia – 1976

This case was brought before the Supreme Court to determine whether or not the

military-based university could continue its male-only admission. The Court ruled that

this practice was unconstitutional. As a result, many other male-only academies

have opened their doors to include female enrollment as well.

United States v. Virginia Military Institute - 1996

This case was brought about as a result of controversy over the setting of racial

quotas in the University of California system. The Court ruled that racial

evaluation was a legitimate practice so long as it was done to promote ethnic

diversity (also led to “no quotas” in school admissions and hiring)

Regents of the University California v. Bakke – 1978

This case was an equalizer between State and Federal affirmative action

programs. The Court ruled that both State and Federal programs were to be scrutinized under the same standard: the intent and interest. The result has

been more controllable federal affirmative-action programs.

Adarand Constructors Inc. v. Pena – 1995

Probably the most famous and unpopular recent decision made by the Supreme Court, this case

dealt with the issue of the miscounted ballots in the 1999 Presidential Election. In a sad moment

in American history, the Supreme Court ruled that the votes of the American people were to be

discarded. Much controversy has arisen as a result of this finding, and reforms are underway to make sure that no such situation could ever

rise in another Presidential election.

Bush v. Gore – 2000

This case dealt with the sensitive and touchy subject of abortion. The court ruled that the

decision to terminate a pregnancy was entirely up to the female who carried the child during the first trimester. This case has been supported and promoted by feminist groups across the country,

while those opposed to abortion (such as religious institutions) have fought it continuously.

Roe v. Wade – 1973

This case involved “separate but equal” accommodations for blacks and whites present in the

United States, particularly in the south. The Court upheld the decision that under the 14th amendment,

these accommodations were constitutional. So long as they were equal, separation was no issue. For years,

“white” and “colored” were dominant signs above many southern public establishments. This decision was

overturned, however, in “Brown v. Board of Education”.

Plessy v. Ferguson – 1896

This was a complex case involving integration among public schools. The Court ruled that

forced separation of white and black students was unconstitutional, and consequently

integrated the public school system. The courts ruling, however, extended to include all

segregated public services. This resulted in the overturning of the much earlier decision “Plessy v. Ferguson”. Any modern issues of segregation

relate this case to prove unconstitutionality.

Brown v. Board of Education – 1954

What is the nickname of the President?

POTUS

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