I have added the 9 Supreme Court Cases to the Study Guide.
https://docs.google.com/file/d/0B2mk7v8cXovLdHJ0R2ZEc3JHZnc/edit?usp=sharing
Chapter
3 STUDY GUIDE
· THE THREE PARTS OF THE CONSTITUTION:
o
Preamble
o
7
articles
o
27
amendments
· NO ONE BRANCH OF GOVERNMENT IS SUPERIOR TO
ANOTHER:
o
Through
Checks and Balances, All of the different
branches of government check each other so they all remain equal Ex. Congress
has the power to make laws, but the president has the power to veto (reject)
any act of Congress.
·
THE
3 BRANCHES OF GOVERNMENT:
o
Legislative (Make Laws)
o
Judicial (Interpret Laws)
o
Executive (Enforce Laws)
· THE FIRST THREE ARTICLES:
Create the three branches of government
· WHAT ARE THE BILL OF RIGHTS?
The first ten amendments (1-10)
· What are the first ten Amendments?
1. Freedom
of speech, religion, assembly, press
2. Bear
arms (guns)
3. Quartering
of Troops
4. Search
and Seizure
5. Rights
of the Accused
6. Speedy
& Fair Trial
7. Civil
Trials
8. Cruel
and unusual punishment
9. Rights
reserved to the people
10. Rights
reserved to the states
· WHAT
ARE THE SIX UNDERLINING PRINCIPLES OF THE CONSTITUTION?
o
POPULAR
SOVEREIGNTY: Government rules with the
consent of the people Ex. Local and state elections
o
LIMITED
GOVERNMENT:
government cannot infringe on
your individual rights Ex. Search Warrant
o
SEPARATION
OF POWER: each branch of government
has their own power Ex. Legislative branch makes and passes laws
o
FEDERALISM:
when the different levels of government (local, state, federal) share
power Ex. NCLB
o
CHECKS
AND BALANCES: the different branches of
government check each other so they all remain equal ex. Presidential Veto
o
JUDICIAL
REVIEW:
when the judicial branch decides if the laws passed by congress are
constitution or not Ex. Supreme court case
· THE FIVE WAYS TO CHANGE THE CONSTITUTION:
o
Executive
Action
o
Court
Decisions
o
Party
Practices
o
Custom
and Usage
o
Basic
Legislation
9 COURT CASES:
1.
ROPER V SIMMONS:
RELATE TO AN AMENDMENT: 6th Amendment, Speedy and fair trial and 8th
Amendment, Cruel and Unusual Punishment)
SUMMARY:
A juvenile offender
was convicted of murder at age 17 and then sentenced to the death penalty the
following year despite having been under 18 at the time of the offence (the
crime)
RULING: The death penalty may not be imposed for
offences committed before reaching age 18 because doing so would violate the
U.S.
2.
MAPP V OHIO
RELATE TO AMENDMENT: 4th Amendment Search and
Seizure
SUMMARY: The police searched
Mapp’s house saying they had a search warrant but in fact they did not. The
police did not find the person they were looking for but they did find sexually
explicit books and pictures. She was convicted and sentences to one to seven
years in jail.
RULING: The
Supreme Court ruled in Mapp’s favor since they seized her stuff without a
search warrant. (Exclusionary Rule)
3.
LOVING V. VIRGINIA:
RELATE TO AMENDMENT: 9th Amendment: Right to
privacy
SUMMARY: An interracial couple that married and they were put in jail because it was
against the law to marry interracial.
RULING: The Supreme court ruled in favor of the couple.
4.
TINKER V. Demoion:
RELATE TO AN AMENDMENT: First Amendment: Freedom of Speech
SUMMARY: Students wore black armbands to protest against the
Vietnam War and they were suspended from school.
RULING: The court ruled with Tinker.
5.
MIRANDA v ARIZONA
RELATE TO AN AMENDMENT: 5th Amendment (Rights of the accused)
SUMMARY:
Arrested for kidnapping and sexual assault, Ernesto Miranda signed a confession
including a statement that he had “full knowledge of [his] legal rights…” After
conviction, he appealed, claiming that without counsel and without warnings,
the confession was illegally gained.
RULING: In
favor of Miranda. The Court agreed with Miranda that “he must be warned prior
to any questioning that he has the right to remain silent, that anything he
says can be used against him in a court of law, that he has the right to… an
attorney and that if he cannot afford an attorney one will be appointed for
him…” Miranda firmly upheld citizen rights to fair trials in State
courts.
6.
ROE v WADE
RELATES TO AN AMENDMENT: 9th Amendment, right to privacy
SUMMARY:
A Texas woman challenged a State law forbidding the artificial termination of a
pregnancy, saying that she “had a fundamental right to privacy.” To have an
abortion or not.
RULING:
In favor of ROE. The Court upheld a woman’s right to choose in this case,
saying the patient is free to determine, without regulation by the State,
that... the patient’s pregnancy should be terminated” if in the first
trimester. The decision struck down the State regulation of abortion in the
first three months of pregnancy and was modified by Planned Parenthood of
Southeastern PA v. Casey, 1992.
7.
GIDEON v WAINWRIGHT:
RELATE TO AMENDMENT: 6th Amendment, right to counsel
SUMMARY:
In 1961 a Florida court found Clarence Earl Gideon guilty of breaking and
entering and sentenced him to five years in prison. Gideon appealed his case to
the Supreme Court on the basis that he had been unconstitutionally denied
counsel (a lawyer) during his trial due to Florida’s policy of only providing
appointed counsel in capital cases.
RULING:
The Court ruled in favor of GIDEON. The Court granted Gideon a new trial, and
he was found not guilty with the help of a court-appointed attorney. The
“Gideon Rule” upheld the 6th Amendment’s guarantee of counsel of all
poor persons facing a felony charge, a further incorporation of Bill of Rights
guarantees into State constitutions.
8.
DALE v BOY SCOUTS OF AMERICA
RELATE TO AN AMENDMENT: First Amendment's expressive associational right
SUMMARY:
A Homosexual boy scouts leader sued the Boy Scouts of America when they would
not let him be a leader anymore.
RULING:
The Supreme Court ruled that a private organization such as the Boy Scouts of
America (BSA) can exclude a person from membership when "the presence of
that person affects in a significant way the group's ability to advocate public
or private viewpoints. The Supreme Court ruled that opposition to homosexuality
is part of BSA's "expressive message" and that allowing homosexuals
as adult leaders would interfere with that message.
9.
ATKINS V VIRGINIA
RELATE TO
AN AMENDMENT: 8thCruel and
Unusual Punishment
SUMMARY: He
killed someone. The killer was mentally challenged.
RULING: The
supreme ruled in his favor. They changed his sentence from capital punishment
till life.
· Full Faith and Credit
Clause: 4th article: License in one state, it is valid in another
state.
· Which president holds the
resident for holding office the longest? Franklin D Roosevelt. 4 Terms
· Which amendment created
term limits for the president? 22 Amendment
· Why is the Constitution
is called a living document? Because it is constantly changing and evolving to
meet the needs of society.
· Executive agreement and
Treaty: Both are agreements between two or more sovereign states, but a treaty
requires senatorial approval
· GRAND
JURY: looks at the evidence and see if their is enough evidence to try someone
· PETITE
JURY: Is the trial jury
· EMINENT
DOMAINS: the government has the right to take your private property for public
use with just compensation.
· Double
Jeopardy: a person cannot be tried twice for the same crime.
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