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1. The law has to have a secular purpose (can’t solely have a religious purpose)
2. The law can’t favor one religion over another
3. The law can’t excessively entangle church and state
WHAT ARE THE THREE PRONGS TO THE LEMON TEST?
The law targeted the religious practice
WHY DID THE COURT STRIKE DOWN A LAW THAT RESTRICTED ANIMAL SACRIFICE IN
LUKUMI BABALU V HIALEAH
Applies provisions of the Bill of Rights to the states
Nationalizes the Bill of Rights
WHAT IS THE EFFECT OF SELECTIVE INCORPORATION?
Due process clause
WHAT 14TH AMENDMENT CLAUSE ARE 1ST AMENDMENT RIGHTS SELECTIVELY INCORPORATED INTO?
If the Court relied on Schenk, what would it do to a law that banned the speech of a man who supported overthrowing the government in a speech?
OVERTURN IT
What case would you refer to in support the right of students to remain silent all day as a symbolic statement that the poor are ignored by politicians?
TINKER V DES MOINESOR
TEXAS V JOHNSON
They have to show malicious and reckless intent
WHY IS IT DIFFICULT FOR PUBLIC FIGURES TO WIN LIBEL LAWSUITS?
What test might have been used to overturn a city ordinance banning “R” rated movies?
MILLER TEST OR SLAPS
The Miller test only determine whether something is considered obscene or not.
What are the 3 prongs of the Miller test?
1. Violates local obscenity laws2. Is seen by the average person as
appealing to the prurient (lustful)3. Lacks Serious Literary, Artistic, Political or
Scientific value (SLAPS Test)
9th Amendment protections
PRIVACY, TRAVEL AND POLITICAL ASSOCIATIONS ARE EXAMPLES OF WHAT KIND OF RIGHTS?
What’s in immediate controlOr in plain view
WHAT CAN POLICE SEARCH WITHOUT A WARRANT AFTER AN
ARREST?
What was the Supreme Court case that established the responsibility of law enforcement to inform suspects of their rights?
MIRANDA V ARIZONA
Gregg v Georgia
What Court case reestablished capital punishment as a justifiable reaction to
murder?
Deny the case a hearing
WHAT WILL THE SUPREME COURT DO IF THE CLAIMANT (OR PLAINTIFF) LACKS
STANDING?
It accepts the case (the lower court sends the court documents to the Supremes)
WHAT HAPPENS WHEN THE COURT ISSUES A WRIT OF CERTIORARI?
Amicus Curiae brief
IF A SPECIAL INTEREST GROUP WANTS THE COURT TO INTERPRET A CASE A PARTICULAR WAY, IT CAN SEND
THE COURT A SO-CALLED FRIEND OF THE COURT BRIEF CALLED:
Writes an opinion (majority opinion)
ONCE THE COURT HAS DECIDED A CASE, HOW DOES IT NOTIFY THE
COUNTRY?
Concurring opinion
A DECISION THAT AGREES WITH THE MAJORITY, BUT DISAGREES WITH THE REASONING BEHIND IT, IS CALLED:
1. Amend the U.S. Constitution 2. The executive branch can ignore the decision and
not enforce it3. State and local government, school boards and
police forces can ignore the court’s opinion4. Amend state constitutions
Answer: #4: The Supremacy Clause overrides state constitutions in favor of the US Constitution.
WHICH IS NOT A WAY A SUPREME COURT DECISION CAN BE
“EVADED”?
The process the Court uses to apply provisions of the Bil l of Rights to the 14 t h Amendment’s due process
clause, thereby nationalizing it (or applying the protection to the states):
Selective incorporation
The Court case that established the standard for determining what provisions of the Bill of
Rights will be nationalized:
Palko v Connecticut
If you lose your case in a Federal District Court, where can you ask a
higher court to review the case?
Federal Appellate CourtCircuit CourtCourts of Appeal
What gives judges the ability to interpret law and legislate from the
bench?
Broadly worded lawsBroadly worded Constitution Judicial Activism
If a case can be heard by either a state or federal court (whether originally or on
appeal), the authority exercised by both is called:
Concurrent
In what case did the Supreme Court fi rst selectively incorporate a provision
from the Bill of Rights?
Hint: Free speech caseHint #2: Think dancing…
Gitlow (get it?) v New York
Where are these words found? “…nor shall any State deprive any person of life, liberty, or property, without due process of law”
14th Amendment
Who decides who writes the opinion of the Court?
Chief JusticeOr, the senior justice with the majority if the CJ didn’t
vote with the majority