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 the following questions:
What was the intended application of the Bill of Rights? What was the intended
application of the Fourteenth Amendment to the Constitution? Which clauses were used
to try and apply the Fourteenth Amendment to the states, and how successful were
they? What was the importance of Justice Cardozo’s opinion in Palko v. Connecticut
(1937), and what have been some of the important developments since the Palko
decision? Which rights are now considered to be applicable to the states?
Answer:*a. varies
Gideon v. Wainwright overruled the Supreme Court’s decision in what previous case?
A. Powell v. Alabama
B. Argersinger v. Hamlin
C. Johnson v. Zerbst
D. Betts v. Brady
In Wisconsin v. Yoder the Court ruled that:
A. Amish children must attend school after the 8th grade
B. Amish children cannot be compelled to attend school after 8th grade
C. Amish children must attend school after the 12th grade
D. Amish children cannot be compelled to attend school after 12th grade
Why has the Court had a difficult time setting libel standards?
A. Prior to 1964 it was an undeveloped area of law.
B. Libel is a difficult legal concept.
C. Libel is not a legal concept so courts do not have the ability to decide these cases.
D. All of the above
Explain the two limitations the Court has set on searches incident to a valid arrest.
In Missouri v. Seibert the Court:
A. The Court allowed an extension of Miranda beyond its original scope.
B. The Court ignored its precedent in Miranda.
C. The Court rejected an extension of Miranda beyond its original scope.
D. None of the above
In Branzburg v. Hayes. the Court ruled that:
A. Reporters have a privilege that protects them from appearing in front of a grand jury
B. Reporters do not have a privilege protects them from appearing in front of a grand
jury
C. Reporters can never divulge the names of informants
D. Reporters must always divulge the names of informants
In the majority opinion in Roe, where did the Court locate the right to privacy?
A. Ninth Amendment
B. Fourth Amendment
C. Fourteenth Amendment
D. Fifth Amendment
Ewing v. California (2003)
Relevant Case Facts:
California passed a three-strikes-and-you”re-out law which imposed long prison
sentences for someone convicted of a third felony. Ewing was out on parole from a 9
year prison term, and stole three golf clubs values at $399 each. He was indicted for
grand theft instead of for a misdemeanor, found guilty, and sentenced to 25 years to life
based on the three strikes law in California.
Legal Question: Does the 8th Amendment prohibit the state of California from
sentencing a repeat felon to a prison term of 25 years to life under its three strikes law?
Identify two issues upon which Congress has tried to eliminate the Supreme Court’s
appellate jurisdiction.
Answer:*a. varies
Which of the following statements is most accurate?
A. The U.S. is the only country with rules similar to those established in Miranda.
B. Rules similar to Miranda rights were established in other countries before the
decision in Miranda v. Arizona.
C. The Miranda ruling made the U.S. the first country to adopt such rules, but since
then many countries have followed suit.
D. During the 1980s, England and many other Western European countries eliminated
all rules similar to Miranda rights.
The Slaughterhouse Cases:
A. Had no effect on the incorporation of the Bill of Rights.
B. Guaranteed the Privileges and Immunities Clause would be the main vehicle for
incorporation.
C. Essentially gutted the Privileges and Immunities Clause as a vehicle for
incorporation.
D. None of the above
Reproductive law is one of the most controversial issues for the Court. First, explain the
significance of Roe v Wade. Next, explain how the doctrine set out in this case allowed
the Court to rule that most standards regulating abortion were unconstitutional until the
early 1980s. Then discuss how and why the Court changed its views on abortion in the
1980s. Finally, explicate how the decision in Casey affected what standards were
acceptable regulations, and which were not. Within this answer you should draw
distinctions between the different standards proposed to deal with abortion rights. Also,
explain the significance of Justice O”Connor’s dissent in Akron.
In Lochner v. New York (1905), the court relied on what doctrine in its decision?
A. Rational Basis
B. Substantive Due Process
C. Strict Scrutiny
D. Undue Burden
Give two examples of advisory opinions and then explain why the Court will not hand
down such opinions.
Answer:*a. varies
As a general rule the Court has generally held that commercial speech:
A. Is closer to commerce than speech
B. Is not substantially different from political speech
C. Is never subject to regulation
D. Is always subject to regulation
Free exercise of religion was incorporated by:
A. Everson v. Board of Education
B. Cantwell v. Connecticut
C. Hague v. CIO
D. None of the above
Where does the word privacy first appear in the Constitution?
A. First Amendment
B. Fourth Amendment
C. Fourteenth Amendment
D. It is not in the Constitution
Citizens United v. Federal Election Commission
558 U.S. ______ (2010)
Relevant Case Facts:
In January 2008, Citizens United, a nonprofit corporation that receives some funding
from for-profit organizations, released Hillary: The Movie, a documentary film critical
of then-senator Hillary Clinton, a candidate for the Democratic presidential nomination.
The film depicted Clinton as unfit for the presidency. Concerned about possible civil
and criminal penalties for violating campaign finance laws, Citizens United initiated
legal action against the Federal Election Commission (FEC) arguing that (1) section
203 of the Bipartisan Campaign Reform Act (BCRA), which prohibits corporations and
labor unions from using general treasury funds to finance independent electioneering
communications, is unconstitutional as applied to Hillary.
Why was the Court unwilling to declare that virtual child pornography could be
regulated in the same way as actual child pornography? How did it alter this decision in
U.S. v Williams?
Explain why the Solicitor General is so successful at the agenda setting stage.
Answer:*a. varies
According to the Court in Memoirs v. Massachusetts an item is not deemed obscene if
it:
A. Has at least a modicum of social value
B. Has no modicum of social value
C. Appeals to the prurient interest
D. Lacks serious literary value
In what case did the Supreme Court uphold the Voting Rights Act of 1965?
A. Lousiana v. United States
B. Harper v. Viriginia State Board of Elections
C. Alabama v. United States
D. South Carolina v. Katzenbach
Memoirs v. Massachusetts defined community as:
A. The entire nation.
B. A particular state.
C. A particular city.
D. A particular county.
Why did the Court strike down the provision of FECA that restricted campaign
spending?
Is the clear and probable danger test closer to the clear and present danger test or to the
bad tendency test?Explain.
How did the Court initially define religion? How did this definition affect religious
freedom?
When the Court decided McDonald did it fully settle the question of the right to bear
arms? Why or why not? Even with this expansion of rights, it is unlimited?
How do you define libel and obscenity?
Discuss the policy implications that ensured after Citizens United? Is that what the
Court intended to happen?Justify your argument with reference to the majority and the
dissent.
What is the Court’s general view of the right of access for the press?
What is the difference between the Valid Secular Policy Test and the Compelling
interest test? How does each affect the probability of increasing religious freedom?
Why did the Court choose to use selective incorporation rather than immediate
full-scale incorporation?
Answer:
*a. varies
Van Orden v. Perry (2005)
Relevant Case Facts: The twenty two acre park surrounding the Texas Capitol contains
17 monuments and 21 historical markers commemorating the “people, ideals, and
events that compose Texas identity.” Among the monuments was a 6-foot high
monument of the 10 commandments. Van Orden, who frequently walked through the
park over the course of a number of years, filed suit against Governor Rick Perry asking
for the removal of the 10 commandments monument because its presence on the capitol
grounds violated the establishment clause.
Legal Question: Does the Establishment Clause allow the display of a monument
inscribed with the Ten Commandments on the Texas State Capitol grounds?
How do you think the Court will rule in future Internet cases? Will it continue to allow
some regulation or will it allow more freedoms?Justify your answer.
Why are symbolic speech cases so difficult for the Court to decide?
Has judicial review made the Court a more powerful institution? Why or why not?
Answer:
*a. varies
The Court has held that evidence obtained in violation of the 4th Amendment cannot be
used to convict someone of a federal crime (Weeks v. U.S.). In what case did the Court
first discuss this protection regarding evidence obtained through an unlawful search and
seizure in relation to the states? In what case did the Court actually incorporate this
protection to the states via the 14th Amendment?Discuss the cases since then which
have provided significant exceptions to the Exclusionary Rule, describing those
exceptions and the rules adopted by the Court.
Why did Justice Scalia disagree with the Court in Lawrence? What did he say about the
ability of states to regulate morality?
Explain two ways the government is restrained from regulating speech? Are these
appropriate restraints? Why or why not?
According to the Court, why is the expectation of privacy so low in cars?