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Chapter 05 - Constitutional Law and the Bill of Rights
Internet Exercises and Supplements
Answer to Internet Exercise (p. 224)
1. The First Amendment Center identifies topics of debate regarding the First Amendment such as
prayer in schools, flag-burning, hard-core music lyrics, tobacco advertising, hate speech,
Student Projects
1. Find an article on the Internet that discusses or illustrates any of the rights contained in the Bill of
Rights being applied to a business or corporation. Identify the precise right at issue and which
amendment contains it. Should the business be treated as though it has that right?
2. Read the American Civil Liberties Union’s statement on workplace drug testing. (Go to
http://www.aclu.org/WorkplaceRights/WorkplaceRightsMain.cfm, select Drug Testing from the
right side navigational bar, and then select the link, “Privacy in America: Workplace Drug
Testing.”) Explain the ACLU’s position.
The ACLU argues that such testing is an invasion of privacy and often doesn’t lead to the desired
result—a drug-free on-the-job labor pool. The ACLU argues there are better tests for those in
safety-sensitive occupations.
Supplemental Web Address
http://www.cdt.org (Center for Democracy and Technology)
Answers
Answers to ‘A Right to Bear Arms’ Questions (p. 190)
1. The students could have a discussion based on this question. Students might be asked to read
2. The students could have a discussion based on this question. In small groups, students might
3. Students’ answers will vary. Some of them may say that this should not be allowed as it is
dangerous for everybody. Other students may be of the opinion that the constitutional right to
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Chapter 05 - Constitutional Law and the Bill of Rights
Answers to ‘The Founding Fathers—Should We Move On?’ Questions (p.191)
1. Students’ answers will vary. Some students may be of the opinion that the Constitution is out of
touch with contemporary times in failing to protect the right to travel, the probability of being
Answers to ‘Separation of Powers’ Questions (p. 193)
1. From a strict constructionist point of view, clearly the absence of an express grant of judicial
review authority can legitimately be construed to be an intentional omission. The University of
Missouri–Kansas City website, “Exploring Constitutional Conflicts” suggests a pair of additional
2. Students’ answers will vary. A useful discussion approach might be to cite certain notable
Supreme Court decisions to ask the students whether those decisions furthered the cause of
justice and whether they would have been reached in the absence of judicial action. Consider the
Answers to ‘The Constitution and the New Federalism’ Questions (p. 193)
1. Students’ answers will vary. Students may say that the following issues may arise—famers would
have to make changes that would be expensive, deal with animal welfare advocates, and so on.
Answer to ‘Balancing Interests: Speech at School’ Question (p. 198)
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Chapter 05 - Constitutional Law and the Bill of Rights
1. The U.S. Supreme Court reversed the Ninth Circuit’s finding of a First Amendment violation. The
Court considered the special characteristics of the school environment and the governmental
Answer to ‘Yale’ Question (p. 200)
1. Students’ answers will vary. Some students might say that if students are continued to be
Answers to ‘Cigarette Packs and Graphic Warnings’ Questions (p. 204)
1. Students’ answers will vary. Some of them may agree with U.S. District Judge Richard Leon’s
ruling that this rule violates tobacco companies’ right to free speech. While other students may
2. Students’ opinions will vary. Some students might say that the government should require graphic
Answer to ‘Drug-Sniffing Dog’ Question (p. 209)
1. Students’ answers may vary. Some students might say that bringing a sniffing dog would violate
property rights. Others may opine otherwise. Source: David C. Newell, “Trespassing on the porch
Answers to ‘The Fourth Amendment’ Questions (p. 211)
1. The search was not illegal. The Court of appeals reversed the judgment and held that it was
reasonable to search any person who is in jail. Justice Anthony M. Kennedy, representing a 5-4
2. The search of McFadden was a lawful search. This is because there was a prohibition on riding a
bicycle on a New York City sidewalk, giving rise to probable cause for McFadden’s lawful arrest.
3.
a. The Connecticut state Supreme Court held there is no protection against warrantless
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Chapter 05 - Constitutional Law and the Bill of Rights
b. The central issue in this case is whether DeFusco had a reasonable expectation of privacy to
4. The pat-down search was constitutionally permissible. The Supreme Court vote was unanimous.
Johnson was lawfully detained. The questioning and pat-down followed quickly after the stop.
Johnson could not reasonably have felt he was free to go. An officer’s inquiries into matters
Answers to ‘How Many Renters?’ Questions (p. 221)
1. Plaintiffs claimed that the denial of equal protection to unrelated tenants was unconstitutional.
2. The zoning ordinance could be used to discriminate against people based on race, sexual
orientation, etc. Under the ordinance, 20 cousins living together would be lawful, but four
3. The Iowa Supreme Court, ruling 4-3, upheld the ordinance, as it had a rational relationship to a
Answers to ‘Same-Sex Marriage: How Do You Feel?’ Questions (p. 223)
1. The students could have a discussion based on this question. Some possible issues are as
follows—are whether same-sex relationships are natural or genetically programmed? Does
genetic predisposition necessarily lead to moral rightness? Is marriage sacred part of God’s
2. The students’ answers will vary. Some may say that moral issues aren’t probably looked at from a
3. In one recent poll, same-sex marriage is opposed by a majority of Americans, but people are
evenly divided on whether civil unions, which would confer many of the same legal rights as
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any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 05 - Constitutional Law and the Bill of Rights
4. At least one published study in the journal, “Child Development,” showed that there was no
difference between children raised by heterosexual parents and those raised by same-sex
5. Students’ answers will vary. Some may raise the question of whether genetic predispositions can
be immoral? Can people curb those predispositions? Don’t people often do so? Consider that
Answer to ‘Stop and Frisk’ Question (p. 223)
1. Students’ answers will vary. Some of them may say that this is unfair as the stop-and-frisk tactics
Cases and Answers
Iota Xi Chapter v. George Mason University (4th Cir. 1993) (p. 203)
Syllabus
Plaintiffs sought to have sanctions the University had imposed against them for running an
“ugly woman” contest declared null and void as an unconstitutional violation of their First
Amendment rights. The contest consisted of fraternity members dressing up as women. A
district court granted their summary judgment motion and the Fourth Circuit affirmed.
According to the court, the contest was within the reach of the First Amendment even though it
was crude and “sophomoric” because it was “inherently expressive entertainment.” According
to the court,” [t]he First Amendment generally prevents government from proscribing…
expressive conduct because of disapproval of the ideas expressed.”
Answers to Iota Xi Questions (p. 203)
1. A number of Supreme Court decisions have made it clear that the lack of “meaningful ideas” does
2. Essentially, the affidavits proffered by the University provided the fraternity with exactly what it
needed. Those affidavits spoke of how destructive the skit was to the University’s mission and
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Chapter 05 - Constitutional Law and the Bill of Rights
3.
a. The students could have a discussion based on this question. In Doe v. University of
b. The judge ruled that the code attempted to circumscribe speech that went beyond “fighting
c. The students could have a discussion based on this question. Some may say that the
4. The court found that T.W.’s First Amendment rights had not been violated, that the school’s
prohibition of the display of the Confederate flag was justified by the history of racial harassment
5. The students could have a discussion based on this question. Some may say that a flag
Bad Frog Brewery v. New York State Liquor Authority 134 F.3d 87 (2d Cir.
1998) (p. 205–208)
Syllabus
Bad Frog Brewery was denied permission by the New York State Liquor Authority (NYSLA) to
use a label on its beer in New York that depicted a frog “giving the finger” because, according
to the NYSLA, it fostered defiance to the health warning also on the label, enticed underage
drinkers, invited disobedience to “standards of decorum,” would be visible to children in
grocery stores and was a “confrontational, obscene gesture, known to lead to fights, shootings
and homicides…” The Second Circuit found that the Free Speech arguments must be
evaluated under commercial speech standards under Central Hudson because “[w]e are
unpersuaded by Bad Frog’s attempt to separate the purported social commentary in the labels
form the hawking of beer.” Nevertheless, under that standard, the court held that the NYSLA
had gone too far. Although the state provided evidence of a substantial state interest, it
proffered no empirical evidence to support its assumption that its ban of the label would
advance those state interests, nor that its ban was narrowly drawn to further its state interest.
Answers to ‘Bad Frog Brewery v. New York State Liquor Authority’ Questions (p. 208)
1.
a. The Court of Appeals concluded that the Bad Frog label constituted commercial speech
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Chapter 05 - Constitutional Law and the Bill of Rights
b. Treatment of the Bad Frog label as commercial speech meant that it would be subjected to
First Amendment analysis under the Central Hudson test. This test allows the government
2. The Court of Appeals ruled in Bad Frog’s favor because the NYSLA could not meet all of the
3.
a. The students could have a discussion based on this question.
b. Note that “the finger” clearly constitutes expression. That expression may often be regarded
4. The Circuit court ruled for C.B.C., and the Supreme Court declined to review the decision. The
Court found that the players’ names and records are in the public domain and, therefore, are
5.
a. The court there expressed the view that (1) regulations that entirely suppress commercial
speech in order to pursue a policy unrelated to consumer protection must be reviewed with
b. Advertising should drive down prices and, thus, permit more drinking.
Kelo v. City of New London, Connecticut, Supreme Court of the United States,
545 U.S. 469 (2005) (p. 213)
Syllabus
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Chapter 05 - Constitutional Law and the Bill of Rights
In 2000 the city of New London approved a development plan for the Fort Trumbull area of the
city. In 1996 the federal government had closed a naval installation that had been located in
that area. In 1998 the city’s unemployment rate was twice that of the state rate and its
population was at its lowest level since 1920. The development plan covered 90 acres, not
just the 32 acres formerly occupied by the navy. It envisioned a development of the waterfront,
including a conference hotel, new residences, R&D office space, state park, marina, parking,
office, and retail space. Most property owners willingly sold out to the city. Several, including
one of the petitioners who had lived in her home her entire life, brought suit claiming that this
taking was not for a “public use.” The Supreme Court noted that the development plan was
comprehensive, adopted only after thorough deliberation and that its own review was limited in
scope. It found the plan “unquestionably serves a public purpose.”
Answers to ‘Kelo v. City of New London, Connecticut’ Questions (p. 215)
1. The city had determined that the area was sufficiently distressed to justify a program of economic
rejuvenation. It carefully formulated its plan, which it believes will provide appreciable benefits to
2.
a. The question was the definition of “public use,” which the court found more properly
b. The dissent would have held that economic development alone is not an appropriate public
3. The dissent said that the burden of the decision would fall on the less powerful and wealthy, who
have fewer resources to make the “most productive or attractive use” of their property and that
4. The Supreme Court held for the Nollans. According to the Court, the condition would not have
5. By a 5-4 vote, the Court upheld the government’s right to take the car, thus confirming, under the
police power, the constitutional right to seize property connected to a crime.
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