Review
Cumulative Test
Chapter 1 - 3 & 4
What is the “good-faith exception” to the
exclusionary rule?
What is the “good-faith exception” to the
exclusionary rule?
For example, when a search for illegal weapons
turns up drugs.
Illegally obtained evidence (drugs) can sometimes
be admitted in trials if the procedural errors are
inadvertent or if the prosecution can show that it
would have discovered the evidence anyway
SUPREME COURT CASE
The Death penalty, as judged by the
Supreme Court. How or what has it used
to pass judgement?
SUPREME COURT CASE
The Death penalty, as judged by the
Supreme Court. How or what has it used
to pass judgement?
There is no inference, either direct or indirect
within the Constitution
A key precept of our liberty is
A key precept of our liberty is
That it is limited by the liberty of others
When the Bill of Rights were first created, the
people were protected from whom?
When the Bill of Rights were first created, the
people were protected from whom?
Intrusion by the Federal government,
protection from State governments did not
happen until the Fourteenth Amendment
SUPREME COURT CASE
In all cases where prayer in school is the
issue, what constitutional concept do the
justices use as a measure?
SUPREME COURT CASE
In all cases where prayer in school is the
issue, what constitutional concept do the
justices use as a measure?
The idea of the Wall of Separation between
church and state
What is elitism?
What is elitism?
The idea that power in America is held by a
few organizations. Usually, they have the
money and people in place to effect the
change they so desire.
What does the Fourth Amendment say?
What does the Fourth Amendment say?
• Protection from unreasonable search and
seizure
• Probable cause is needed to get a search
warrant
SUPREME COURT CASE
Texas v. Johnson (1984)
SUPREME COURT CASE
Texas v. Johnson (1984)
• Johnson burned US flag in protest of Regan’s
policies
• Arrested, 2000 dollar fine
• 5-4 decision, desecrating the flag as an act of
protest is an act of expression protected by the
First Amendment
What does the Fifth Amendment say?
What does the Fifth Amendment say?
• Serious federal criminal charges be started
by a grand jury
• protection from Double Jeopardy
• Right not to incriminate yourself
• Right to due process under the law
The test that the Supreme Court uses to
determine if someone’s free speech should
be restricted because it might harm
national security.
The test that the Supreme Court uses to
determine if someone’s free speech should
be restricted because it might harm
national security.
The clear and present danger test
SUPREME COURT CASE
The idea that the Bill of Rights, while never
actually mentioning the idea of a zone of
personal privacy, this idea is implied, was
the basis for which Supreme Court case?
SUPREME COURT CASE
The idea that the Bill of Rights, while never
actually mentioning the idea of a zone of
personal privacy, this idea is implied, was
the basis for which Supreme Court case?
Roe v. Wade
What does the Sixth Amendment say?
What does the Sixth Amendment say?
•
•
•
•
•
You have a right to a jury trial
Also, a speedy trial that is also public
To be informed of your criminal charges
To be confronted by witnesses
To have the assistance of counsel
What does the Eighth Amendment say?
What does the Eighth Amendment say?
• No excessive bail
• and protection from cruel and unusual
punishment
SUPREME COURT CASE
Which landmark case involved involuntary
confessions and statements made by a
defendant, while under police protection?
SUPREME COURT CASE
Which landmark case involved involuntary
confessions and statements made by a
defendant, while under police protection?
Miranda v. Arizona
Probable Cause is
Probable Cause is
when the police have solid evidence that
evidence is within a structure, or a criminal
is within the residence, and is what they
need to obtain a search warrant.
What are examples of DEVOLUTION?
What are examples of DEVOLUTION?
State and federal governments working
together on projects, grants to states with
fewer restrictions on spending, federal
mandates that come with money to fulfill
the requirements, money to aid states in
Medicaid expenditures
Brandenburg v. Ohio 1969
Brandenburg v. Ohio 1969
• KKK member said during rally of like-minded ignorant
morons, that revenge might be taken if the government
continued to suppress the white race
• Convicted under Ohio law
• Reverse the decision, First Amendment prohibits a state
from suppressing speech that advocates the unlawful
use of force, “except where such advocacy is directed to
incite or produce imminent lawless action, and is likely to
produce such action”
Article V of the Constitution provides for
Article V of the Constitution provides for
• making an amendment to the Constitution
• To Propose…
– 2/3’s vote of both Houses
– 2/3’s of state legislatures calling a special
convention
• To ratify:
– 3/4ths of state legislatures or state
conventions
This is the concept that gives the government
power to enact laws necessary to carry out
its enumerated powers.
This is the concept that gives the government
power to enact laws necessary to carry out
its enumerated powers.
Implied powers
SUPREME COURT CASE
The first use of the Supremacy clause in the
Constitution occurred in which case?
SUPREME COURT CASE
The first use of the Supremacy clause in the
Constitution occurred in which case?
McCulloch v. Maryland
What kinds of symbolic speech has been
forbidden by the Supreme Court?
What kinds of symbolic speech has been
forbidden by the Supreme Court?
Destroying active government documents
What kind of government has all the power in
the hands of the federal government?
What kind of government has all the power in
the hands of the federal government?
A Unitary system
New York Times v. United States (1971)
New York Times v. United States (1971)
• The Pentagon Papers
• Nixon Administration sued to block publication of a
secret government analysis of US policy decisions on
the Vietnam War
• Claimed it would damage the War Effort
• Decision: Prior restrains (prohibiting information from
being published) are almost never valid. The
government needed to strongly justify any abridgement
of a papers freedom of the press.
What are enumerated powers?
What are enumerated powers?
Powers that the federal government have,
that are explicitly spelled out in the
Constitution
What is the principle behind the Electoral
College
What is the principle behind the Electoral
College
Electors are decided other than by popular
vote (each state selects Electors on their
own), these electors vote for the President,
and are not selected by the public
Dred Scott v Sandford. What was the ruling?
Dred Scott v Sandford. What was the ruling?
Slaves were property, invalidated the
Missouri Compromise, and they were not
citizens and lacked standing in a federal
court
What did the Tenth Amendment say?
What did the Tenth Amendment say?
• It gave all the rights not specified in the
Constitution or Bill of Rights to the state,
called reserved power
What did the Ninth Amendment say?
What did the Ninth Amendment say?
It is our Constitutional Safety Net, that just
because a right is not specified in the Bill of
Rights or Constitution, doesn’t mean they
do not exist, or that we the people are not
entitled to them.
Gitlow v. New York (1925)
Gitlow v. New York (1925)
• Extended the First Amendment’s freedom of speech &
press to the states, via the Fourteenth Amendment
• Following the first “Red Scare” (remember Sacco * V?)
• Gitlow, a socialist, published “Left Wing Manifesto”,
convicted of trying to overthrow the government
• Conviction upheld, since it advocated the overthrow
• Used the “clear & present danger” test
• O.W. Holmes (author of c & p test) dissented, saying
Gitlow presented no danger, because only a few held
the same views, and his call for overthrow was in the
future.
What does Article VI of the Constitution
provide for?
What does Article VI of the Constitution
provide for?
• When state laws conflict with federal laws,
Federal laws rule the day
• Often called the “supremacy clause”
• This prioritizing of federal laws over state
laws is called “doctrine of preemption”
What are fighting words?
What are fighting words?
Words uttered with the clear intention of
inciting disorder
Near v. Minnesota (1931)
Near v. Minnesota (1931)
• First Amendment applied to the states via the
Fourteenth Amendment
• The first great “Press” case
• Minnesota “Gag Law” silenced a paper, because
“malicious, scandalous, and inflammatory content”.
• Decision: the statute was a violation of the Freedom of
the Press. Did not cite the First Amendment, but
instead the Fourteenth Amendment
• First instance of using the Fourteenth Amendment to
apply Freedom of the Press to state laws.