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What was the Bill of Rights originally intended for?

What was the Bill of Rights originally intended for?. To protect citizens against the actions of the federal government. Identify three key types of federal officials that are appointed by the President. SC Justices, ambassadors, cabinet members.

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What was the Bill of Rights originally intended for?

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  1. What was the Bill of Rights originally intended for? To protect citizens against the actions of the federal government

  2. Identify three key types of federal officials that are appointed by the President. SC Justices, ambassadors, cabinet members

  3. How likely is the Supreme Court to hear a case that is being appealed from a lower court? • Not very likely, the SC only hears roughly 1% of all appealed cases

  4. What SC decision established a precedent for judicial review? Marbury v. Madison

  5. What is original jurisdiction? appellate jurisdiction? original means that you’re the first court to hear the case, appellate means that you’ll hear the case if it is appealed

  6. Who has the ultimate appellate jurisdiction? the Supreme Court

  7. What case made segregation legal in the U.S.? what case reversed it in 1954? Plessy v. Ferguson, Brown vs. the Board

  8. Who has the power to declares laws/acts unconstitutional? Judicial Branch/Supreme Court

  9. The five basic provisions of the first amendment are: • Freedom of Religion, Assembly, Press, Petition & Speech • RAPPS

  10. What did the 14th Amendment do? • guaranteed citizenship rights to all citizens

  11. Who sets the # of justices on the Supreme Court? How many justices are there? How long can each justice serve? • Congress, 9, life

  12. What did New Jersey v. TLO say about search and seizure in schools? • schools can search you for a lesser reason than the police can

  13. What is the current decision on mandatory school prayer? • it’s illegal

  14. When can religious practices be limited? • when they violate criminal laws

  15. What is the current precedent decision regarding abortion? What does it say? • Roe v. Wade, states can’t outlaw abortion

  16. What is defamatory speech? Is it protected by the 1st amendment? • speech that damages another person’s good name or character, no

  17. What is the most common way for interest groups to lobby the courts? • Amicus curiae briefs

  18. What SC decision made segregation legal? Based on what doctrine? • Plessy v. Ferguson; separate but equal

  19. What is the significance of stare decisis? • Means “let the decision stand” & forms basis for why courts will honor precedents (and will be reluctant to overturn them)

  20. What is the usual method used when someone is appealing a case to the SC? How often are these granted by the SC? • petition for a writ of certiorari (has to be accepted by 4 justices); less than 5% of the time

  21. What is the most current SC interpretation of the death penalty? • It is legal, and not cruel and unusual punishment (not all states use it)

  22. What law was designed to specifically enforce the intent of the 15th Amendment? What has been its legacy? • Voting Rights Act of 1965; greatly increased voters from all ethnic minority groups

  23. SC nominations must be approved by a ______ of the _____. • majority, Senate

  24. Federal judges serve life terms, what is the only way they can be removed from office against their will? • impeachment and conviction by Congress

  25. During what war did the SC strongly limit freedom of speech? • World War I

  26. What is the only circumstance in which the U.S. government is allowed to censor the press? • when national security is in danger

  27. In regards to the Bill of Rights, the “wall of separation” refers to • The separation between church and state

  28. What law, passed under the Johnson administration, set out to guarantee the provisions of the 15th Amendment? • Voting Rights Act of 1965, which solidified the right to vote regardless of race

  29. What Warren Court decision basically required law enforcement officials to inform suspects of their rights as the accused? • Miranda v. Arizona, 1966

  30. What kinds of things do Presidents review when choosing federal judges (especially SC justices)? • Past political activities and their experiences on the bench (their judicial record)

  31. The Roe v. Wade decision that essentially legalizes abortion is based on what? • The right to privacy implied in the Bill of Rights

  32. What amendment was passed after the Civil War to guarantee the rights of former slaves? What SC decision was it responding to? • 14th Amendment; Dred Scott decision

  33. What amendment guaranteed the vote for women? When was it passed? • 19th, 1920 (after WWI)

  34. What amendment changed the voting age from 21 to 18? What election did it first impact? • 26th Amendment, 1972

  35. What significance did Barron v. Baltimore have? It indicated that the first ten amendments did not apply to state governments (upheld throughout 1800s)

  36. What did incorporation (based on 14th amendment) do to the Bill of Rights? Extended Bill of Rights to protect individuals from all levels of government (federal, state, local)

  37. What clause of the 14th Amendment has been used to incorporate the Bill of Rights? Has incorporation been selective or total? Due Process clause Selective (not all aspects of B of R are incorporated)

  38. What is nationalization? It means that citizens who believe that a state or local authority has denied them their basic rights and may take their case to federal court.

  39. What are the two clauses of the 1st Amendment regarding religion? The establishment (no laws regarding the establishment of religion) and free exercise (no interference with practice) clauses

  40. Which legal philosophy advocates interpretation based on a reasonable application of the text of the law? • textualism

  41. Which legal philosophy/practice allows judges to imply broad powers and make major societal changes from the bench? What is the opposite of this? • Judicial Activism, Judicial Restraint

  42. How does a loose constructionist view the powers of the government? What is the opposing view? • Government has more powers than those specifically listed ion Constitution; strict view believes gov’t is limited to what’s specifically listed

  43. What is the usual topic for cases regarding the establishment clause? Religion and education

  44. What are two parts of the Lemon Test on state aid to parochial schools? aid must have a clear secular purpose, must neither advance nor inhibit religion, must avoid excessive entanglement with religion

  45. What was the key outcome of the Engel v. Vitale decision? Schools could not encourage prayer, even if the prayer was nondenominational

  46. How has the court ruled on religious practices that violate laws related to public safety and morality? Court upholds these laws (on cases like polygamy, drug use, etc.)

  47. What are the two general categories of speech, according to the SC? Pure speech (actual spoken words) & symbolic speech (burning draft cards, wearing arm bands in protest, etc.)

  48. What are two of the major guidelines the SC uses in freedom of speech cases? clear and present danger test, bad tendency doctrine, and preferred position doctrine

  49. What did the SC rule in Schenck v. the U.S.? Not OK for Schenck to encourage draftees to obstruct the war effort during WWI (in violation of clear and present danger test)

  50. How has the SC ruled on various sedition laws over time? At first you could be convicted for advocating action against government, over time definition has narrowed

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