Geo and Culture

Unit 2 Test Study GuideCopyright 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

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

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 MoinesFirst 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. KuhlmeierFirst 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. VitaleFirst 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

Schneck v. United StatesFirst 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. OhioFourth 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. WainwrightSixth 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. ArizonaFifth 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. FergusonFourteenth 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”

Brown v. Board of EducationFourteenth 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 ProcessTwo 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 amendmentAmendment 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

Formal Amendment Process

Step 1- Amendment is

Proposed

Proposed by congress by ⅔

vote in both houses

Proposed at national convention

called by Congress if requested by

⅔ of State legislatures

Step 2- Amendment is

Ratified

Ratified by State legislatures in ¾

of states

Ratified by conventions in ¾ of

states

Bill of RightsThe 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

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

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 societySpeech can also be limited by the government during a time of war.

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)

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: