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5 Written Questions

5 Matching Questions

  1. Lemon v. Kurtzman
  2. Scott v. Sandford
  3. Atkins v. Virginia
  4. Hazelwood v. Kuhlmeier
  5. Abington v. Schempp
  1. a 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. b Year: 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.
  3. c Year: 1856
    Location: Fort Snelling
    Background: Dred Scoot was a slave in Missouri and during the time of 1833 to 1843, he was living at IIIinois which at the time were a free state. When he return to Missouri he was being sue for his freedom. He also claim that by him having a residence in a free state this mean he is a free man. Plus Scott's master say no African or African american can be a citizen because of the Article III of the constitution.
    Question: Was Dred Scott free or slave?
    Decision: 7 votes for Sandford, 2 vote(s) against
    Outcome: Under Articles III and IV state who ever was born here is the citizen of the U.S. So Dred Scott was still a slave.
  4. d Year: 1987
    Location: Hazelwood East High School
    Background: School sponsored newspapers and the students released two articles that the school principal Reynolds thinks that its inappropriate. Cathy Kuhlmeier and two other former Hazelwoods East students was brought into court.
    Question: Did the principal's deletion of the articles violate the students' rights under the First Amendment?
    Decision: 5 votes for Hazelwood School District, 3 vote(s) against
    Outcome: The court had held that the First Amendment didn't really apply to schools as much because it would depend on the types of speech they states. They also stated that there should be a standard set to tell the students the limit of freedom of speech in school.
  5. e 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 Multiple Choice Questions

  1. Year: 1895
    Location: Former Louisiana State Capitol Building
    Background:
    Question: Is Louisiana's law mandating racial segregation on its trains an unconstitutional infringement on both the privileges and immunities and the equal protection clauses of the Fourteenth Amendment?
    Decision: 7 votes for Ferguson, 1 vote(s) against
    Outcome: The outcome would that the state law is within the constitutional boundaries.
  2. Year: 1967
    Location: South Boston Court
    Background: David O'Brien burned his draft card at the Boston Courthouse. David believe that we was expressing his opposition to war. He was convicted under a federal law that made the destruction or mutilation of draft card a crime.
    Question: Was the law an unconstitutional infringement of O'Brien's freedom of speech?
    Decision: 7 votes for United States, 1 vote(s) against
    Outcome: The court stated that this was this was not made in private and that it was in front the of a crowd of people. Indicating this is not expressing, but provoking a negative message. Plus this was on the Boston Courthouse, on a private property.
  3. Year: 2002
    Location: Virginia
    Background: Barry Black, Richard Elliott, and Jonathan O'Mara were convicted separately for violating a Virginia stature. This would make it a felony because they were cross burning and this would also intimidating people and other groups. He was found guilty.
    Question: Does the Commonwealth of Virginia's cross-burning statute, which prohibits the burning of a cross with the intent of intimidating any person or group of persons, violate the First Amendment?
    Decision: 7 votes for Virginia, 2 vote(s) against
    Outcome: The outcome was that there were 7 votes for Virginia because there was a rule stated that there should be no burning on any type of properties beside your own. This would cause a type of thereat to other people. There were judges that disagree that this was unconstitutional.
  4. 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.
  5. Year: 1983
    Location: Piscataway High School
    Background: An 14 year old was being accused for smoking in the girl bathroom in her high school. The principal at the school started to question her and the looked in her purse. They found a bag of marijuana and other drug paraphernalia.
    Question: Did the search violate the Fourth and Fourteenth Amendments?
    Decision: 6 votes for New Jersey, 3 vote(s) against
    Outcome: The court say that this was not violating the the Constitution at all because she was in school and presence of rolling paper in the purse made her more suspicious. This lead into searching the purse even more.

5 True/False Questions

  1. 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.

          

  2. Brown v. Board of EducationYear: 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. 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.

          

  4. Bethel v. FraserYear: 1985
    Location: Bethel High School
    Background: During a school assembly with approximately 600 high school students, Matthew Fraser made a speech to nominate a fellow student for elective office. In the speech it had some sort of sexual context. In Bethel High school there were rules that won't allow you to use of profane language or gesture. Matthew got suspended for two days.
    Question: Does the First Amendment prevent a school district from disciplining a high school student for giving a lewd speech at a high school assembly?
    Decision: 7 votes for Bethel School District 2 vote(s) against
    Outcome: The court had found it was right for the school to prohibit the use of slurs and offensive language. The First Amendment do not protect the child from saying vulgar and lewd speech. Its more limited when it come to school because you have to follow with the "fundamental values of public school education."

          

  5. Roper v. SimmonsYear: 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.

          

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