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5 Written questions

5 Matching questions

  1. National Socialist Party v. Skokie
  2. Brandenburg v. Ohio
  3. Texas v. Johnson
  4. Marbury v. Madison
  5. Engel v. Vitale
  1. a Year: 1968
    Location: Farm
    Background: Brandenburg, a leader of the KKK had made a speech tying to provoke some sort of violence. The Ohio had convicted the leader under criminal syndicalism law. This law prevent anyone from making plans of sabotage other people or causing any type of harms.
    Question: Did Ohio's criminal syndicalism law, prohibiting public speech that advocates various illegal activities, violate Brandenburg's right to free speech as protected by the First and Fourteenth Amendments?
    Decision: 8 votes for Brandenburg, 0 vote(s) against
    Outcome: Brandenburg have stated that this was preventing him from freedom of speech, but the court use a two-pronged test to look over the speech. The speech did not pass and that he was violating the law.
  2. b Year: 1988
    Location: Dallas City Hall
    Background:
    Gregory Lee Johnson burned an American flag in front of the Dallas City Hall in 1984. Johnson was convicted under a Texas outlawing flag desecration. He was sentence to year for a year, plus a 2,000 dollars fine. After the Texas Court of criminal Appeals was granted, the case went to the Supreme Court.
    Question: Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment?
    Decision: 5 votes for Johnson, 4 vote(s) against
    Outcome: Johnson's burning of a flag was protected expression of the First Amendment. The court have found that Johnson's actions is just an expressive way, plus a distinctively political nature. The reason why Government may not disapprove because usually its this people why of looking at the act. They may feel it offensive or disagreeable, so they would speak against it.
  3. c Year: 1961
    Location: New Hyde Park-Garden City Park School District
    Background: This school have an voluntary prayer for recitation at the start of each school day. This was promoting a type of religion and school is not suppose to promote any type of religion.
    Question: Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment?
    Decision: 6 votes for Engel, 1 vote(s) agains
    Outcome: The court have decided that even if its voluntary can save it from being unconstitutional. By accepting the prayer, this would lead that New York officially approved religion.
  4. d Year: 1977
    Location: Skokie, IL
    Background: This case was dealing with freedom of assembly over the National Socialist Party of America to march through a large Jewish population in Skokie, IL. However the Chicago authorities thwarted these plans, first by requiring the NSPA post an onerous public safety insurance bond, then, banning all political demonstration in Marquette Park. The NSPA and the American Civil Liberties Union challenge the court stating that this was violating their First Amendment right for the marchers to express themselves freely.
    Question: Does Circuit Court violated the First Amendment of the marchers to express themselves freely?
    Decision: 5 votes for National Socialist Party, 4 vote(s) against
    Outcome: The court have stated that the Village of Skokie can not prevent the march.
  5. e Year: 1803
    Location: The Supreme Court of the United States at the US Capitol Building
    Background: On March 2, 1801, an Federalist, William Marbury and others who had appointed the government post created by congress in the final days of John Adam's presidency. There were last minute appointments were never fully finalized. This invoked an act of congress and sued for their jobs in the Supreme Court.
    Question: Is Marbury entitled to his appointment? Is his lawsuit the correct way to get it? And, is the Supreme Court the place for Marbury to get the relief he requests?
    Decision: 6 votes for Madison, 0 vote(s) against
    Outcome: The court say that it would depends and that this issued the Constitution which was "the fundamental and paramount law of the nation" and also "an act of the legislature repugnant to the constitution voids." The cases have set that the Supreme Court's power of judicial review.

5 Multiple choice questions

  1. Year: 2001
    Location: York County Court
    Background: Daryl Renard was convicted for abduction, armed robbery, and capital murder. During the trial they have a doctor stating that he was mentally retarded. The jury soon have sentence the man to death. Soon the Virginia Supreme Court ordered a second sentencing hearing. Soon the trial he can not be sentence to death because we was mentally ill.
    Question: Is the execution of mentally retarded persons "cruel and unusual punishment" prohibited by the Eighth Amendment?
    Decision: 6 votes for Atkins, 3 vote(s) against
    Outcome: The court have decided that it would be cruel and unusual punishments to sentence a man who is mentally ill. He was defend by the Eighth Amendment.
  2. Year: 1971
    Location: US District Court for the Northern District of Texas
    Background: Roe was a women that wanted to terminate her pregnancy with an abortion. The State did not allowed this because it was illegal at the time to have abortion.
    Question: Does the Constitution embrace a woman's right to terminate her pregnancy by abortion?
    Decision: 7 votes for Roe, 2 vote(s) against
    Outcome: The court decided that the woman's right to an abortion would have been the right to privacy, this is protected under the fourteenth amendment. This gave the right for women to decide to have a abortion and the government have nothing to do with it.
  3. Year: 1906
    Location: Mapp's Residence
    Background: Mapp's home was being search for a fugitive. This then got them seeing some obscene materials and Mapp was being arrested for a different reason. He soon appealed in court for the First Amendment freedom of expression.
    Question: Were the confiscated materials protected by the First Amendment? (May evidence obtained through a search in violation of the Fourth Amendment be admitted in a state criminal proceeding?)
    Decision: 6 votes for Mapp, 3 vote(s) against
    Outcome: The court did not look heavy on the First Amendment , but that the declare that all evidence that is obtain was a violation of the Constitution. The decision launched that the court was having trouble of determining how and when to apply the exclusionary rule.
  4. Year: 2004
    Location: Meramec River
    Background: This case stated when there were a juvenile breaking into a house and end up killing a young women. He soon end up confessing and was sentence to life in prison, but the state really wanted to sentence him to a death penalty.
    Question: Does the execution of minors violate the prohibition of "cruel and unusual punishment" found in the Eighth Amendment and applied to the states through the incorporation doctrine of the 14th Amendment?
    Decision: 5 votes for Simmons, 4 vote(s) against
    Outcome: Yes the court have decided that by giving a minor a death penalty would be a cruel and unusual punishment. Therefore violating the Eight Amendment.
  5. Year: 1962
    Location: Abington high School
    Background: Every morning in Pennsylvania public schools student would read part of the Bible. There would be ten verse everyday. After that the student would recite the lord prayers. Student would be excluded from the exercise by a written letter from their parents.
    Question: Did the Pennsylvania law and Abington's policy, requiring public school students to participate in classroom religious exercises, violate the religious freedom of students as protected by the First and Fourteenth Amendments?
    Decision: 8 votes for Schempp, 1 vote(s) against
    Outcome: The court decide that this was a violation. The school was not suppose to promote any type of religion in a public school, plus the fact that the parents have to write a not to excuse the child from the practices was not preventing the violation of the Establishment Clause.

5 True/False questions

  1. McDonald v. ChicagoYear: 2009
    Location: Chicago
    Background: Suits were being filed against Chicago and oak Park, IL for banning hand guns. Right after the case DC v. Heller decision, we should abide by the Second Amendment like the Federal Government because of the 14th amendment.
    Question: Does the Second Amendment apply to the states because it is incorporated by the Fourteenth Amendment's Privileges and Immunities or Due Process clauses and thereby made applicable to the states?
    Decision: 5 votes for McDonald, 4 vote(s) against
    Outcome: SCOTUS approved that the people should have the right to bear arm because of they are being protected by the Second Amendment.

          

  2. DC v. HellerYear: 1971
    Location: US District Court for the Northern District of Texas
    Background: Roe was a women that wanted to terminate her pregnancy with an abortion. The State did not allowed this because it was illegal at the time to have abortion.
    Question: Does the Constitution embrace a woman's right to terminate her pregnancy by abortion?
    Decision: 7 votes for Roe, 2 vote(s) against
    Outcome: The court decided that the woman's right to an abortion would have been the right to privacy, this is protected under the fourteenth amendment. This gave the right for women to decide to have a abortion and the government have nothing to do with it.

          

  3. Miranda v. ArizonaYear: 1965
    Location: Maricopa County Jail
    Background: There were three cases when when citizens were arrested without knowing about it. They was causing self-incriminating themselves, while not knowing anything about the outside world.
    Question: Does the police practice of interrogating individuals without notifiying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment?
    Decision: 5 votes for Miranda, 4 vote(s) against
    Outcome: The court have stated that they do agree that without any notice or warrant they can not take someone away. Also the court have include a warning of the right to remain silent and also the right to have counsel present during interrogations.

          

  4. Hazelwood v. KuhlmeierYear: 1962
    Location: Abington high School
    Background: Every morning in Pennsylvania public schools student would read part of the Bible. There would be ten verse everyday. After that the student would recite the lord prayers. Student would be excluded from the exercise by a written letter from their parents.
    Question: Did the Pennsylvania law and Abington's policy, requiring public school students to participate in classroom religious exercises, violate the religious freedom of students as protected by the First and Fourteenth Amendments?
    Decision: 8 votes for Schempp, 1 vote(s) against
    Outcome: The court decide that this was a violation. The school was not suppose to promote any type of religion in a public school, plus the fact that the parents have to write a not to excuse the child from the practices was not preventing the violation of the Establishment Clause.

          

  5. Lemon v. KurtzmanYear: 1970
    Location: Eastern District Court of Pennsylvania
    Background: In Pennsylvania they have been funding non-public schools. These school are all church related.
    Question: Did the Rhode Island and Pennsylvania statutes violate the First Amendment's Establishment Clause by making state financial aid available to "church- related educational institutions"?
    Decision: 8 votes for Lemon, 0 vote(s) against
    Outcome: The court state that we can not fund any type of church like school, they are private for a reason. They would have there own money, not by the government. The government is not promoting any type of religion.

          

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