APS Day 35 Agenda
To understand that the rights of the accused are about liberty but conflict
with the power of government to provide order and security.
1. Review final exam essay questions for Monday – posted online on the
bottom of the documents page - Questions
2. Discuss interest group project and rubric
3. Review unit 3 test – determine what you got wrong and why
4. Answer in judiciary packet p 1 question 15 regarding rights of the
accused
5. Answer in judiciary packet p 1 question 16
6. Use text to complete chart about privacy rights
7. Read conflicting arguments about Gay marriage. As you read:
A. Underline in Red concepts of this course
B. Underline in Blue arguments based on the US Constitution
C. Circle arguments based on moral or cultural values
8. Review homework questions
American Political System – Final Essay Questions
1. In practice, which branch of the federal govt. has the most power? Use
current and /or historical examples to support your position.
2. Is our government today still based upon the following principals
established by the Founding Fathers?
Popular sovereignty
Federalism
Separation of Powers
Limited Government
Checks and Balances
3. Explain the role of TWO of the following groups and evaluate whether they
have a positive or negative impact on the American political system.
Political Parties
Interest groups and lobbyists
The Media
How does federalism play a role in the debates regarding civil
liberties and rights? What judicial doctrine uses the US
Constitution to restrict state government actions?
• At first the states could do whatever their own constitutions
permitted.
• This interpretation of the 10th Amendment reserved powers
clause and state’s rights view of federalism allowed for widely
different civil liberties and rights in different states.
• This continues to be the case to some extent regarding
controversial issues like gay marriage, right to die, capital
punishment
• However, the incorporation doctrine interpreted from the 14th
Amendment’s due process clause allows the courts to use the
US Constitution to limit state government action. The Bill of
Rights’ clauses of the 1st, 4th, 5th, 6th and 8th Amendments that
are “fundamental principles of liberty and justice which lie at
the base of all our civil and political institutions” are
“obligatory on the States.” (See Gideon )
Rights of the accused
15a – Mapp v Ohio (1961) 6-3 police in states have to
follow the 4th Amendment – must have a search
warrant or the evidence is excluded from trial
15 b –Miranda v Arizona (1966) 5-4– police taking a
person into custody must make the prisoner aware of
his/her rights protecting against self-incrimination and
guaranteeing the person’s right to a lawyer.
15 c – US v Leon (1989) 6-3 evidence does not need to
be excluded if the police use a warrant “in good faith”
even if the warrant itself is technically bad.
15 d – New Jersey v TLO (1985) 6-3 Students in school
may be searched by school officials without warrants
so long as there is a reasonable suspicion that a
violation has occurred
Expression and personal autonomy
16 a - Abington v Schempp (1963) – 8-1 states and public schools
may not require a school-wide, school-sponsored prayer
because of the separation of church and state implied in the
establishment clause of the 1st amendment
16 b – Tinker V Des Moines (1969) 7-2 school may not punish a
student for expressing their views, especially political views, so
long as the expression is not disruptive to the regular order of
the educational environment
16 c Roe v Wade (1973)– 7-2 the court ruled that abortion cannot
be outlawed in the first trimester, may be regulated in the 2nd
and may be even further regulated in the 3rd unless the life or
health of the mother is at risk.
16 d- Texas v Johnson (1989) 6-2 flag-burning is constitutionally
protected speech
Equality Cases
17 a – Brown (1954) 9-0 public schools cannot be segregated
because “separate educational facilities are are inherently
unequal.”
17 b – Bakke (1978) 5-4 school may not use racial or other
quotas but may take minority status into account for
admissions
17 c – Wesberry v Sanders (1964) 6-3 – federal congressional
districts must be essentially the same size within a state – one
person, one vote
17 d – Nashville Gas v Satty (1977) women cannot be unequally
compensated or mistreated in the workplace – women can be
placed on mandatory unpaid leave for pregnancy, but may not
lose their positions or seniority when returning to work
Complete a chart regarding the Griswold, Roe, Bowers
and Lawrence cases
Case and date
Constitutional issue
Opinion of the Court
Griswold v
Connecticut
(1965) - 7-2
Privacy in personal
activity regarding
contraception
There is no right to
4th A protects individual’s
private conduct, implying a privacy anywhere in
right to privacy. Concurring the Constitution
– 9th and 14th A too.
Roe v Wade
(1973) - 7-2
Privacy in personal
activity regarding
termination of
pregnancy
Privacy is to be found in
14th A due process clause
and in the 9th A
Bowers v
Hardwick (1986)
5-4
Privacy in personal
activity regarding
homosexual activity
There is no constitutional
or historical support for
protecting homosexual
actions
Lawrence v
Privacy in personal
Texas (2003) 6-3 activity regarding
homosexual activity
Privacy, due process and
equal protection
Dissenting opinion
Abortion is definitely
not protected
anywhere in the
Constitution
Privacy and liberty
built into the 4th and
14th A
There is no
constitutional
protection for different
kinds of sex