Study Sheet for Exam #3

Study Sheet for Exam #3 This guide is set up for questions that are set up as multiple choice and True or False. The True and False questions are identified. The rest relates to multiple choice. 1. Know about the Lochner Era as it relates to privacy rights ie: The case about the Bakery owner and the person who was willing to work for the Bakery a. Workers had a right to contract out their property (themselves b. NY state law requiring a 40-hr. work week deemed unconstitutional 2. The Right to Privacy a. Is not explicitly stated in US Constitution b. Is recognized by the US Supreme Court as a right c. Origins of the right to privacy come from the 5 th and 14 th amendments (life, liberty, and property) d. Right to privacy emanates from the other amendments in US Constitution 3. The Origins of the Right to Privacy can be traced back to the following cases a. Compulsory vaccinations (Jacobsen case) b. Compulsory sterilization (Buck v. Bell case) c. State law requiring schools to teach only English (Meyers v. Nebraska case) 4. First part of the Fourth Amendment deals with what: a. Who is covered (persons)? b. What is covered (persons, houses, property, and effects)? c. The Reasonableness Clause 5. Second part of the Fourth Amendment deals with what: a. Warrants Clause b. Probable Cause c. 6. Criteria the US Supreme Court uses in reviewing cases involving the Bill of Rights: a. Judicial review known as Strict Scrutiny b. Classification of the right is known as a Fundamental Right c. Burden of Proof is on the government d. The government must make a compelling state interest to the Court 7. Two legal perspectives on how to interpret the Second Amendment a. Individual Rights Theory b. States Rights and Collective Action Theory 8. Cruel and Unusual Punishment clause is in the 8 th Amendment 9. Flag Burning Case (Texas v. Johnson) a. Texas government had to make a compelling state interest as to banning the burning of a flag b. US Supreme Court ruled against Texas 10. True or False? In Lochner v. New York, 1905 the US Supreme Court ruled that the US Constitution bars a state from interfering with an employee’s right to contract with an employer. The above reasoning led to the “Lochner Era”—thirty-two years of wrangling between the court and legislatures about labor law. This clause, the Court said, implied that individuals have a fundamental right to contract with employers, and states cannot interfere with that right. 11. Government has plans to put a new highway that will run through an individual’s property.

a. Government can take the property under eminent domain of the 5 th amendment if it demonstrates a compelling state interest and pays the owner fair market value 12. Doctrine of Incorporation: Concept that means the US Supreme Court will case by case make the Bill of Rights apply to the states and their action against an individual. 13. Mapp v. Ohio Landmark case about 4 th Amendment makes the 4 th amendment apply to states and the is conducted illegally the cases is thrown out---known as Exclusionary Rule 14. Person is calling for the burning of draft cards during a war. The US Supreme Court rules in favor of the government on the basis of the “clear and present danger test” 15. True or False : In Tinker v. Desmoines the Court ruled that students wearing black armbands to protest the Vietnam War was symbolic speech protected by the First Amendment. 16. True or False : Clarence Earl Gideon was convicted for breaking into a poolroom—a felony crime in Florida. He appealed to the US Supreme Court that he was not properly mirandized by the police officers that arrested him. The Miranda Rule was born out of the Gideon v. Wainwright case. 17. The two clauses that pertain to freedom of religion are the “free exercise clause” and the “establishment clause” 18. In the Buck v. Bell case Carrie Buck was characterized as “feeble minded”, the director of the institution tried to have Carrie Buck sterilized, and US Supreme Court Justice Holmes wrote in the opinion that the compulsory sterilization was constitutional and that “three generations of imbeciles” is enough. 19. True or False Search law and cases can generally be divided into two primary historical parts. From about 1800 until 1967, 4th amendment analysis by the US Supreme Court is considered "old search law". Old search law dealt primarily on what a search is and embraced the idea of what is known as the Trespass Doctrine. 20. True or False : The 8th Amendment to the US Constitution prevents the use of excessive fines and bail in the American criminal court system. 21. True or False : Two NJ men sued Subway because their “foot long” sandwiches fell short. The sub, advertised as a “foot long” was only 11 inches long. The lawyer for the two men reasons that this case is about holding companies to deliver what they have promised. The lawyer will file suit for the two men in "civil court" under the 7th Amendment. 22. The First Amendment protects individuals’ right to peacefully assemble, the right to free speech, and the protection for freedom of religion. 23 . True or False: Mr. Katz was convicted under an indictment charging him with transmitting wagering information by telephone across state lines. Evidence of Katz placing bets was overheard by FBI agents who had attached an electronic listening and recording device to the outside of the telephone booth from which the calls were made. This case is known as US v. Katz in which the US Supreme Court used an analysis known as the "expectation of privacy" as it related to the 4th Amendment. 24. A jury that decides whether there is sufficient evidence to go to trial is known as a grand jury.