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How does Miranda compare to rights of the accused globally? How do fourth amendment cases (specifically Katz and Stanley) implicate the right to privacy? Answer: *a. Answers Vary Why is the Court more tolerant of the relationship between church and […]

Which provisions of the Bill of Rights have not yet been incorporated? Why do you think they have not been incorporated? Answer: *a. varies What did Tocqueville observe about religion in America, and how does this relate to religion in […]

CHAPTER ONE: UNDERSTANDING THE U.S. SUPREME COURT Type: E 1. Describe the structure of the U.S. judicial system. @ Bloom’s Taxonomy: Knowledge; Answer Location: _13__ Type: E 2. Why do most cases come to the Court through writs of certiorari? […]

Chapter 10 – The Right to Privacy Type: E 1. Contrast substantive due process and the rational basis approach. How does the Court decide cases that involve what it deems fundamental rights as opposed to rights that may not be […]

Dissent (Brennan w/Marshall): Today the court sanctions the use of evidence at trial that has been obtained illegally – a result that had previously been thought to be foreclosed. The court justifies its decision on the grounds of cost benefit […]

Arizona vs. Gant (2009) Case No longer fully briefed for students. Relevant Case Facts: On August 25th, 1999, Tucson police received an anonymous tip that a residence was being used to sell drugs. When police went to the home, Rodney […]

Chapter 11 – Rights of Criminally Accused “Investigation and Evidence” Type: E 1. What guarantees are afforded to the criminally accused in the two clauses of the Fourth Amendment? Bloom’s Taxonomy: Knoweldge; Answer Location: __469-470_ Type: E 2. Why did […]

Gideon v. Wainwright (1963) Relevant Case Facts: Gideon was charged with breaking and entering into a poolroom in Florida. Because Florida did not provide free lawyers to those charged with anything less than a capital offense, Gideon tried to defend […]

Chapter 12 – Attorneys, Trials, and Punishment Type: E 1. In what way did the Court’s ruling in Gideon v. Wainwright extend the right to counsel? Bloom’s Taxonomy: Comprehension; Knowledge; Answer Location: __541-543_ Type: E 2. Why did the framers […]

Cleburne v. Cleburne Living Center (1985) Relevant Case Facts: In 1980 Jan Hannah purchased a building at 201 Featherston Street in the city of Cleburne, Texas, with the intent of leasing it to the Cleburne Living Center (CLC). CLC, in […]

Chapter 13 – Discrimination Short Answer Questions: 1. What effect did the Court’s decision in Scott v. Sandford have on the nation? Give at least 2. How did Scott v Sandford set the stage for the debate over discrimination over […]

Chapter 14 – Voting and Representation Type: E 1. In Bush v. Gore, what justification did the majority opinion give for overruling the Florida Supreme Court and halting the recount? Bloom’s Taxonomy: Comprehension; Knowledge; Answer Location: _719-722__ Type: E 2. […]

Concurring (Thomas) However one aggregates the data compiled by Congress, it cannot justify the considerable burdens created by §5. . . . Section 5 is, thus, unconstitutional. Dissenting (Ginsburg, Breyer, Sotomayor, and Kagan) Although the VRA wrought dramatic changes in […]

CHAPTER TWO: THE JUDICIARY: INSTITUTIONAL POWERS AND CONSTRAINTS Type: E 1. With respect to Marbury v. Madison (1803), (a) did Marbury have the right to the commission he sought? (b) was a writ of mandamus a proper remedy for Marbury […]

CHAPTER THREE: INCORPORATION OF THE BILL OF RIGHTS Type: E 1. Define what is meant by incorporation. Bloom’s Taxonomy: Comprehension; Knowledge; Answer Location: _66__ Type: E 2. Should all of the Bill of Rights be incorporated or has the Court […]

Dissenting (Jackson): There are no good grounds on which to support the present legislation. The language of the opinion (an impregnable wall) and its conclusion (the reimbursement for transportation) are discordant with one another. The constitution says nothing of education. […]

CHAPTER FOUR: RELIGION: EXERCISE AND ESTABLISHMENT Type: E 1. What did Tocqueville observe about religion in America, and how does this relate to religion in the U.S. today? Bloom’s Taxonomy: Knowledge; Analysis; Answer Location: 95 Type: E 2. How did […]

5. The state’s argument here seems to be inherently boundless. Indeed, one man’s vulgarity is another man’s lyric. 6. Words are often chosen for their emotive as well as cognitive force. Finally, we cannot indulge the facile assumption that one […]

Morse vs. Frederick (2007) Relevant Case Facts: On January 24th, 2002, the Olympic Torch Relay passed along a street in front of Juneau- Douglas High School in Juneau, Alaska. Students from the high school were permitted to leave class to […]

CHAPTER FIVE: FREEDOM OF SPEECH, ASSEMBLY, and ASSOCIATION Type: E 1. Why are restrictions on speech often associated with times of crisis? Bloom’s Taxonomy: Comprehension; Analysis; Answer Location: __191-192_ Type: E 2. How does the Court’s decision in Abrams differ […]

CHAPTER SIX: FREEDOM OF SPEECH, ASSEMBLY, and ASSOCIATION Type: E 1. Explain the standard the Court set out for determining prior restraint in Near v. Minnesota. Type: E 2. What exceptions might make necessary government prior restraint on the press? […]

CHAPTER SEVEN: THE BOUNDARIES OF FREE EXPRESSION: OBSCENITY AND LIBEL Type: E 1. How do you define libel and obscenity? Bloom’s Taxonomy: Comprehension; Knowledge; Answer Location: _various__ Type: E 2. What is a chilling effect and why does the Court […]

Hustler Magazine v. Falwell (1988) Relevant Case Facts: The March 1984 issue of Hustler printed a parody of an advertisement for Campari Liqueur. While the Campari ads focused on the first time people drank the Liqueur, the parody portrayed Jerry […]

CHAPTER EIGHT: THE FIRST AMENDMENT AND THE INTERNET Type: E 1. How does communication on the internet differ from print or broadcast media? Bloom’s Taxonomy: Knowledge; Answer Location: __363-364_ Type: E 2. How has the Internet changed regulation of obscene […]

CHAPTER Nine: The Right to Bear Arms Type: E 1. Explain the two different interpretations of the second Amendment. Which has the Court (seemingly) adhered to? Why? Bloom’s Taxonomy: Comprehension; Knowledge; Analysis; Answer Location: __379_ Type: E 2. In the […]

Describe three exceptions to the warrant requirement. What is the ultimate key to the Fourth Amendment according to Chief Justice John Roberts? Why do Epstein and Walker argue that Carhart v. Gonzalez may not be reason for concern that Roe […]

In Reno, the Court struck the Communications Decency Act because it was: A. Was overly broad B. Was overly vague C. Focused on the Internet which cannot be regulated D. Took away the power of parents to regulate their own […]

Explain the concept of prior restraint and provide at least two examples of government use of prior restraint. Describe the trimester framework that Blackmun outlined in his majority opinion in Roe v. Wade (noting when, if ever, it allowed states […]

The Supreme Court has never adhered to a view of complete incorporation of the Bill of Rights to the states, but instead has incorporated only specific portions of it through the Fourteenth Amendment. Keep this in mind as you answer […]

How do the majority and dissenters differ in their approach to the concept of corruption in McCutcheon? Which argument do you find more persuasive? Why? How did the conscientious objector cases during Vietnam affect the right of religious freedom? Answer: […]

Political Context: A. The Election of 1800 was controversial ” it was the first presidential election in the U.S. to be thrown to the House. The federalists lost control of both Congress and the White House. As a result, before […]

Describe (with examples) three external constraints faced by Supreme Court justices. Answer:*a. varies An activist Supreme Court justice is likely to: A. Uphold state legislation B. Strike down federal legislation C. Strike down state legislation D. Uphold federal legislation E. […]

How does the Court define the right to bear arms in Heller? Is the right absolute? If not, what limits can be placed on it? Do you find Scalia’s general argument persuasive? Why or why not? How do the rights […]

How did Randall and Davis change the landscape of campaign finance law after McConnell? Why is the invocation of judicial review so controversial? Answer:*a. varies If the justices are not supposed to hear non-justiciable cases, what explains why they would […]

How has the Court generally dealt with the publication of information about trial proceedings?Given at least two examples. Contrast substantive due process and the rational basis approach. How does the Court decide cases that involve what it deems fundamental rights […]

Should the Court issue advisory opinions as some state courts do? Why or why not? Answer: *a. varies Why has the Court never had the chance to rule on the constitutionality of seditious speech? What might be the result if […]

Explain why, in light of Tinker, the Court was willing to allow the school to suspend students for holding a “Bong Hits for Jesus” banner in Morse v. Fredrick? Why the Court reach different decisions in Barnette and Rumsfeld? Answer: […]

How do supporters of incorporation through the privileges and immunities clause argue this clause specific makes rights apply to states? Answer: *a. varies According to the “loss of liberty rule” established in Argesinger v. Hamlin, what indigent defendants are eligible […]

Why do you think the Court ruled against Butts but in favor of Walker? Randall Martinez, a Hispanic man, was convicted in a Texas court for the murder of a security guard during a bank robbery. Texas allows for the […]

How did the Court balance freedom of press and the right to a fair trial in Richmond Newspapers? What rationale used for determining that the death penalty should not be applied to those who are underage or mentally retarded? Answer: […]

What are the parts of the three pronged test created by the Court in Lemon v. Kurtzman? Provide examples of each. What historical argument do pro-gun interests use to support their argument that the 2nd Amendment provides for an individual […]

Why is precedent such an important criteria for the justices when deciding cases? Why might it not be such a good criteria? Answer: *a. varies What has the Court said about individuals having a fundamental right to die? The Supreme […]

What led Pritchett to believe that the law was not the only factor affecting justices’ decisions? A. Justices were elected in 1940. B. Many of the justices were former politicians. C. Justices often dissented and did not agree on the […]