Unit 2 study guide
- 1. Geo and Culture Unit 2 Test Study Guide Copyright Notice: The vocabulary definitions are not mine. Only the summaries of Supreme Court cases, scenarios, charts, and other notes belong to me. Because I did not write the definitions, do NOT say the study guide is mine. Vocabulary The Amendment Process Amend: To change or add to Joint Resolution: Act proposed by both houses of Congress used to propose constitutional amendments Militia: Armed citizens who are called for service in times of emergency Due Process: Legal proceedings carried out according to established rules and principles Civil: Relating to ordinary community life as opposed to criminal proceedings Bail: Money given to secure the temporary release of an accused individual while he or she is awaiting trial Repeal: To remove or cancel a law First Amendment Freedoms
- 2. Establishment Clause: Part of the First Amendment that prohibits the government from setting up a national religion Free Exercise Clause: Part of the First Amendment that prohibits the government from interfering in American’s free exercise of their religious beliefs. Nonsectarian: Not associated with a particular religious group Polygamy: Marriage in which a spouse may have more than one mate at a time Libel: Intentional injury to one’s reputation Rights of the Accused Presumption of Innocence: Assumption that someone is innocent until proven guilty of a crime Prosecutor: Government official who seeks to prove the guilt of an accused person Plea Bargain: Process by which an accused person agrees to plead guilty to a less serious crime Probable Cause: Valid reason for a police search arrest Grand Jury: group of people selected to hear evidence and decide whether a person should be charged with a crime Civil Rights Civil Rights: Basic Freedoms guaranteed to citizens by the Constitution Discrimination: Policy or attitude that denies equal rights and treatment to certain groups of people
- 3. Segregate: To separate people on the basis of race, class, or ethnicity, or other differences Jim Crow Laws: Legislation passed by southern states in the 1800s and 1900s to force the segregation of the races; named for a characters in the minstrel shows of the 1800s that featured white actors in black-face makeup Supreme Court Cases Tinker v. Des Moines First Amendment- Tinker and other classmates protested war in Vietnam by wearing black armbands, were warned day before that anyone wearing the armband would be suspended, wore armbands anyway- Court sided with Tinker- Children in Schools protected under First Amendment under certain circumstances Hazelwood v. Kuhlmeier First Amendment- Kids writing for a school newspaper (Spectrum) wrote articles about teen pregnancy and a divorce going on in school, school censored and deleted articles as kids in teen pregnancy article were easily identifiable, divorce article didn’t show both sides of argument- Court sided with Hazelwood School District- School newspapers are not considered press, they are educational tools Engel v. Vitale First Amendment- The school district was writing prayers and students were told to recite them- Court sided with Engel- Children should not (and cannot) be forced to recite prayers in school, nor should the government be writing prayers in the first place
- 4. Schneck v. United States First Amendment- Schneck opposed war and was part of an antiwar political group, urged young men to resist draft- Court sided with U.S.- Speech can be limited during a time of war, Schneck’s words were a “clear and present danger” to society Mapp v. Ohio Fourth Amendment- Police came into Mapp’s house (with her permission) to look for gambling materials, found obscene books/pictures and arrested and convicted for owning them- Court sided with Mapp- Evidence cannot be used against the person from whom it was taken if it was taken illegally Gideon v. Wainwright Sixth Amendment (more minor, Fourteenth Amendment)- Gideon was charged of stealing beverages and a few pounds of coins, asked for counsel at trial, was denied council, Florida made state law that basically countered sixth amendment- Court sided with Gideon- All people (no matter how poor) are allowed to have access to counsel, and states cannot change law Miranda v. Arizona Fifth Amendment- Miranda accused of rape, not informed of Fifth Amendment Rights, confesses- Court sided with Miranda- Suspects must now be informed of their Fifth Amendment rights before being interrogated Plessy v. Ferguson Fourteenth Amendment- Plessy refuses to move from white section of railroad car, gets arrested- Court sided with Ferguson- Plessy A) could not stay there because of the Jim Crow laws, B) should not move as the sections are “Separate but equal”
- 5. Brown v. Board of Education Fourteenth Amendment- Linda Carol Brown was forced to go to a distant school for black children while a white school was just a few blocks away, had to take the bus to school, had to cross railroad intersection to get to bus stop- Court sided with Brown- Nearly repealed “Plessy” decision, separate schools are not equal, separate anything was not equal, began integration of black and white schools. Basic Things to Know Amendment Process Two ways to propose an amendment: -Two thirds of both houses of Congress propose amendment -Special convention called by Congress requested by two thirds of state legislatures can propose an amendment Amendment becomes part of the Constitution -When it is approved by the legislatures in three fourths of the states -When it is approved by special conventions in three fourths of the states
- 6. Formal Amendment Process Step 1- Amendment is Step 2- Amendment is Proposed Ratified Proposed by congress by ⅔ Ratified by State legislatures in ¾ vote in both houses of states Proposed at national convention called by Congress if requested by Ratified by conventions in ¾ of ⅔ of State legislatures states
- 7. Bill of Rights The Bill of Rights is the first 10 amendments. They protect the basic, unalienable rights of all U.S. citizens. They are: First Amendment: Freedom of Speech, Religion, Press, and the Right to Peacefully Protest Second Amendment: Right to continue state militias (right to bear arms) Third Amendment: Prohibits government from forcing people to house soldiers (basically repealing the Quartering Act) Fourth Amendment: Prevents Illegal searches and seizures (Police looking through one’s home without a warrant) A warrant is NOT necessary when: -The person agrees to the search -A police officer sees something in plain view -A suspect has been legally arrested -Police may also do a protective sweep search if they believe a dangerous accomplice may be in the area the defendant was arrested -The police stop a car based on probable cause
- 8. Fifth Amendment: Known as “the right to remain silent.” Suspects do not have to give any self-incriminating information while being interrogated, and the people conducting the interrogation must inform the suspect before interrogation of these rights (Miranda Rights). It also guarantees the right to not be tried twice for the same crime (thus, the defendant can confess after being tried and found innocent) Sixth Amendment: Right to counsel and a speedy trial in criminal cases. If the defendant cannot afford to hire a lawyer, they will be supplied with one Seventh Amendment: the right to a jury trial in civil involving more than $20 Eighth Amendment: Prevents a judge from setting excessive bail and cruel and unusual punishment Ninth Amendment: Citizens have other rights not mentioned in the Constitution Tenth Amendment: Powers not given in the Constitution belong to the States
- 9. Rights of the Accused The accused already have basic rights outlined by the Fourth, Fifth, and Sixth Amendments. The Supreme Court has elaborated on them: -Suspects must be informed of their rights before interrogation -The States may not redefine the rights of the accused -Evidence obtained in an illegal search and seizure may not be used against a defendant in court, including evidence not mentioned on a warrant (for instance, if the police enters your home looking for unregistered firearms but finds stolen electronics instead, they cannot seize the stolen electronics and use them against you without getting a warrant for the stolen electronics) Freedom of Religion The First Amendment protects freedom of religion in two ways: -The Establishment Clause prevents the government from setting up a national religion -The Free Exercise Clause allows Americans to practice any religion they choose Freedom of Speech The decisions of the Supreme court have created more specific guidelines concerning freedom of speech. Speech may not: -Threaten the rights of others -Threaten social order -Present a “clear and present danger” to society Speech can also be limited by the government during a time of war.
- 10. Practice Scenarios Okay, so, to clear the air, not all of the people in these scenarios are our age, so things aren’t confusing. Their ages range 12-20. 1-Police show up at Ainsley’s house with a warrant for a stolen sports car. No stolen car is found, however, stolen smartphones are found in a drawer. Amendment: 2-Lisette and her friends Alexa and Bella participate in a protest at the West Hall of the Los Angeles Convention Center against the construction of Farmer’s Field. The protest is peaceful until some drunken football fans try to start a fight with the protesters, but they flee as soon as the cops show up. Not knowing who’s who, the police goes after a few protesters, but many, including Lisette and Bella, manage to escape. Alexa and a few others, however, are not as lucky. Amendment: 3: Tami has been bugging Penny all day. First, she demands Penny buy her a sandwich. Then, she tells Penny to clean her feet. Later, she asks that Penny vacuums the house. Finally, Penny gets fed-up when Tami asks her to clean all the toilets. Penny says that Tami is forcing her into involuntary servitude, and better pay her or let her leave. (I know this one isn’t really about law, but it’s a real-life situation)
- 11. Amendment: 4: Tyler has gotten himself into trouble. BIG trouble. He has been charged for shoplifting. Today, he is getting interrogated. The police ask him questions, but he answers none. Amendment: 5: Jamie has been noticing something strange. Many of her friends own small handguns and knives. While talking about this with Miranda, one of her friends that doesn’t own such weapons, Miranda says, “They’re part of a militia. They stay prepared and will fight if our country ever gets conquered or if a tyrannical leader ever comes into rule.” Amendment: 6: Perry goes to court and is accused of stealing a loaf of bread worth about $2.50 from a grocery store. He is found guilty, and the judge sentences him to life in prison, even though he has never committed any other type of crime in his life (except for the occasional parking ticket when the meter runs out). Perry says, “no,” and then elaborates, saying, “that is unusual for this type of crime.” Amendment: