UNIT 5 Answer Key CHAPTER 18. CHAPTER 18 Section 1

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1 UNIT 5 Answer Key CHAPTER 18 Prereading and Vocabulary 2 1. Exclusive jurisdiction is the sole power of a court to hear a certain case. 2. Appellate jurisdiction is the authority of a court to review decisions of lower courts. 3. Concurrent jurisdiction is the shared power of both the federal and state courts to hear certain cases. 4. breaking the law criminal 5. disagree, contracts, taxes civil 6. protested dissenting 7. agreed concurring 8. most of the group majority Chapter Outline 2 I. Section 1: The National Judiciary A. Federal Courts 1. Articles of Confederation, ignored 2. state 3. constitutional, special B. Jurisdiction 1. Exclusive 2. concurrent C. Judges 1. President, Senate 2. activism 3. restraint 4. Magistrates 5. life II. Section 2: The Inferior Courts A. District Courts 1. jury 2. original B. The Courts of Appeals 1. appellate 2. Supreme Court judge 3. majority vote C. Court of International Trade Trade, constitutional III. Section 3: The Supreme Court A. Powers of the Court 1. appealed 2. judicial review, Constitution B. Jurisdiction appellate, original C. The Court at Work 1. nine 2. majority IV. Section 4: The Special Courts A. Courts Related to the Military 1. civilian tribunal 2. denied 3. Military commissions B. Other Special Courts 1. money claims 2. district court, court of appeals 3. Tax Court, federal taxes CHAPTER 18 Section 1 Reading Comprehension 3 1. Under the Articles, the laws of the United States were interpreted and applied as each State saw fit, and sometimes not at all. Disputes between States and between persons who lived in different States were decided, if at all, by the courts in one of the States involved. Decisions of the courts in one State were often ignored by courts in the other States. 2. In the United States, there are two separate court systems the national judiciary, made up of more than 100 federal courts, and the court systems in each of the 50 States. 3. Most cases are heard in State courts. 4. The Federal Courts: U.S. Supreme Court Inferior Courts: Constitutional Courts: 94 District Courts, 12 U.S. Courts of Appeals, U.S. Court of Appeals for the Federal Circuit, U.S. Court of International Trade Special Courts: U.S. Court of Federal Claims, U.S. Tax Court, U.S. Court of Appeals for the Armed Forces, Courts of the District of Columbia, Territorial Courts, U.S. Court of Appeals for Veterans Claims 5. The constitutional courts exercise the broad judicial Power of the United States, while the special courts do not. The special courts have been created by Congress to hear cases arising out of some of the expressed powers given to Congress. The special courts hear a much narrower range of cases than those that may come before the constitutional courts. 6. the constitutional courts 245

2 7. Federal courts have jurisdiction because of subject matter if a case involves a federal question the interpretation and application of a provision in the Constitution or in any federal statute or treaty; or a question of admiralty or maritime law. 8. Federal courts have jurisdiction because of the parties involved if one of the parties is (1) the United States or one of its officers or agencies; (2) an ambassador, consul, or other official representative of a foreign government; (3) one of the 50 States suing another State, a resident of another State, or a foreign government or one of its subjects; (4) a citizen of one State suing a citizen of another State; (5) an American citizen suing a foreign government or one of its subjects; or (6) a citizen of a State suing a citizen of that same State where both claim title to land under grants from different States. 9. When federal courts have exclusive jurisdiction in a case, only they can try the case. When federal and State courts have concurrent jurisdiction, they share the power to hear the case. 10. when the amount of money involved is at least $75, plaintiff; defendant 12. district courts; courts of appeals 13. the President; the Senate 14. It gives great weight to the wishes of the senators from the State in which a federal judge is to serve, so the President nearly always selects someone the senators from that State recommend. 15. Presidents know that judges may serve for decades, so they look for jurists who share their own views. 16. Proponents of judicial restraint believe that judges should decide cases on the basis of (1) the original intent of the Framers or those who enacted the statutes involved in a case, and (2) precedent; and that the courts should defer to policy judgments made in the legislative and executive branches. Proponents of judicial activism argue that provisions in the Constitution and in statute law should be interpreted and applied in the light of ongoing changes in conditions and values, and that courts should not be overly deferential to existing legal principles or to the judgments of elected officials. 17. Judges of the constitutional courts serve for life or until they resign, retire, die, or are removed from office through the impeachment process. Judges of the special courts serve 15-year terms. Superior Court judges in the District of Columbia serve four-year terms; those who serve in the District s Court of Appeals serve eightyear terms. 18. Magistrates issue warrants of arrest, hear evidence to decide if a person should be held for action by a grand jury, set bail in federal criminal cases, and try those who are charged with certain minor offenses. 19. the U.S. attorneys and their deputies 20. U.S. marshals make arrests in federal criminal cases, hold accused people in custody, secure jurors, serve legal papers, keep order in courtrooms, and execute court orders and decisions. They also respond to emergency situations like riots. Reading Comprehension 2 1. The Framers created a national judiciary to create a uniform set of laws for the nation. 2. The two separate court systems in the United States are the national court system and the state court system. 3. The two types of federal courts are the constitutional courts and the special courts. 4. Any three of the following are acceptable: A person, group, or company breaks the rules of the Constitution; a person, group, or company breaks federal laws; a foreign nation or ambassador sues the U.S. or a U.S. citizen; an American citizen sues a foreign government or person; a crime occurs on a U.S. ship at sea or on federal property; a disagreement arises between states or between citizens of different states 5. Exclusive jurisdiction is the power of the federal courts alone to hear certain cases; concurrent jurisdiction is shared power by federal and state courts to hear certain cases. 6. Possible answer: An example of a case of exclusive jurisdiction is when a person commits a crime on an American ship at sea. An example of a case of concurrent 246

3 jurisdiction is when citizens of different states have a disagreement over money. 7. The district courts have only original jurisdiction. 8. The appeals courts have only appellate jurisdiction. 9. The President appoints the Supreme Court justice, and the Senate must approve the appointment after holding hearings. 10. The President seeks advice from senators of the state where the judge will serve and may also ask the advice of the attorney general and political advisors. 11. Proponents of judicial restraint believe that judges should decide cases on the basis of (1) the original intent of the Framers or those who enacted the statutes involved in a case, and (2) precedent. Proponents of judicial activism argue that provisions in the Constitution and in statute law should be interpreted and applied in the light of ongoing changes in conditions and values. 12. Magistrates help run district courts and handle minor civil complaints and misdemeanor cases. Core Worksheets 3, 2 Federal: C, D, E, G, I State: B, F, H Both/Concurrent: A, J 1. Students should note that any case directly tied to the Constitution, such as the freespeech case, would be heard at the national level, as would cases involving federal law, such as the Sherman Antitrust Act. In cases involving citizens of different states, concurrent jurisdiction exists only if the amount exceeds $75,000. Otherwise, the case is a State matter. Federal courts have exclusive jurisdiction in cases involving admiralty law and patent infringement. A federal special court exists to hear cases involving federal taxes. Some bankruptcy cases are tried in State courts, but most fall under federal jurisdiction. 2. Students might note that the criteria for determining jurisdiction can be complicated and might cause delays in resolving cases. 3. The Framers knew that if they created branches to make laws and to carry them out, it was important to also create a branch to interpret and judge such laws. The national judiciary stands as a check and balance to the other two branches, as well as a check on judicial power at the State level. Extend Worksheet 3, 4 1. $212,100; $203,000; $175,100; $165, Federal judicial pay has declined since Federal judges make only about half what top law professors make. Beginning lawyers often make as much as the experienced federal judges. The relatively low pay will result in a decline in the quality of persons willing to accept a lifetime appointment as a federal judge. 3. They already make far more than the average American worker makes. The Court has been accepting a diminishing number of cases to consider. 4. Answers will vary. Students should provide reasons for their responses. Quiz A 1. d 2. b 3. f 4. c 5. e 6. a 7. b 8. b 9. a 10. b Quiz B 1. f 2. b 3. e 4. c 5. d 6. a 7. a 8. b 9. d 10. b 247

4 CHAPTER 18 Section 2 Reading Comprehension 3 1. the district courts 2. at least one, but some States are divided into two or more districts 3. cases that involve congressional districting or State legislative apportionment questions; those arising under the Civil Rights Act of 1964 or the Voting Rights Acts of 1965, 1970, 1975, and 1982; and certain antitrust actions 4. the Foreign Intelligence Surveillance Court and the Alien Terrorist Removal Court 5. A criminal case is one in which a defendant is tried for committing some action that Congress has declared by law to be a federal crime. A civil case involves some noncriminal matter, such as a suit for damages (money). 6. the United States 7. to relieve the Supreme Court of much of the burden of hearing appeals, because the Supreme Court had gotten more than three years behind in its docket 8. a list of cases to be heard by a court 9. 12, including the District of Columbia 10. A justice of the Supreme Court is assigned to each court of appeals. 11. three 12. from the district courts within their circuits 13. The thirteenth court of appeals is the Court of Appeals for the Federal Circuit. It was created to centralize and speed up the handling of appeals in certain types of federal civil cases. 14. all civil (but not criminal) cases that arise out of the nation s customs and other trade-related laws Reading Comprehension 2 1. The district courts handle most federal cases. 2. Each state has at least one, but some states are divided into two or more districts. 3. The Supreme Court is the highest court. 4. A criminal case is one in which a defendant is tried for breaking a federal law such as kidnapping. A civil case involves disputes over a noncriminal matter, such as a disagreement over a contract. 5. An appeal is when an accused person believes their trial was unfair and asks a court of appeals to hear their case. 6. There are 13 federal courts of appeals. 7. Appellate courts only hear cases on appeal from the lower courts. 8. The judges may reverse the district court s decision or they may send the case back to the district court for a new trial. 9. The Court of International Trade hears cases about taxes collected on imported goods and other trade-related matters. Core Worksheet 3 Students fictional federal cases will vary. They should explain why it is a federal case, which court would try the case based on jurisdiction, and what the verdict is. They should then create a flowchart to show where the case would go on appeal all the way to the Supreme Court. Quiz A 1. f 2. b 3. a 4. e 5. c 6. d 7. a 8. b 9. c 10. b Quiz B 1. e 2. d 3. b 4. f 5. c 6. a 7. a 8. b 9. b 10. b 248

5 CHAPTER 18 Section 3 Reading Comprehension 3 1. nine; a chief justice and eight associate justices 2. It is the court of last resort in all questions of federal law and is the final authority in any case involving any question arising under the Constitution, an act of Congress, or a treaty of the United States. 3. It was the first time the Supreme Court asserted its power of judicial review. It said that the Supreme Court had the right to declare acts of Congress unconstitutional. 4. its appellate jurisdiction 5. those to which a State is a party and those affecting ambassadors, other public ministers, and consuls 6. The rule of four means that at least four of the nine justices of the Supreme Court must agree that a case should be put on the Court s docket. As a result of this rule, the Court accepts only a few hundred cases each year for decision. 7. The writ of certiorari is an order by the Court directing a lower court to send up the record in a given case for its review. When certiorari is denied, this is not a decision on the merits of a case. Nonetheless, the decision of the lower court stands in that particular case. 8. If a case reaches the Court by certificate, this means that a lower court is not clear about the procedure or the rule of law that should apply in a case and asks the Supreme Court to certify the answer to a specific question in the matter. 9. from the highest State courts and the federal courts of appeals 10. Each term of the Supreme Court begins on the first Monday in October and ends sometime the following June or July. 11. e, c, b, a, f, d 12. The solicitor general represents the United States in all cases to which it is a party in the Supreme Court and may appear for the government in any federal or State court. He or she also decides which cases the government should ask the Supreme Court to review and what position the United States should take in those cases it brings before the Court. 13. a majority (or five) 14. No, most of the cases it hears pose difficult and complicated questions, about which there is disagreement or controversy. 15. (a) majority opinion issued for all cases decided by the Court; (b) concurring opinion issued when one or more of the justices agrees with the majority decision, but wishes to make some point not made or not emphasized in the majority opinion; (c) dissenting opinion issued when one or more justices do not agree with the majority decision and wish to express opposition to the majority s views in a case. Reading Comprehension 2 1. The Supreme Court is made up of nine justices; a chief justice and eight associate justices. Judicial review is the power to interpret the Constitution and declare laws and government actions unconstitutional. The Court claimed this power in the case of Marbury v. Madison. Most cases come from the lower federal courts and the highest state courts. Each term of the Supreme Court begins in October and ends the following July. Supreme Court justices are appointed for life and can serve as long as they feel able. 2. Someone has to question the law. 3. The Supreme Court may hear cases to which a state is a party and cases affecting ambassadors, other public ministers, and consuls. 4. c, a, b, d 5. The Senate Judiciary Committee holds hearings to consider the President s appointments to the Court. 6. A majority of the nine justices must agree for a case to be decided. 7. (a) Majority opinions are issued for all cases decided by the Court. (b) Concurring opinions may be issued when one or more of the justices agrees with the majority decision but wishes to make some point not made or not emphasized in the majority opinion. (c) Dissenting opinions may be issued when one or more justices do not agree with the majority decision and wish to express opposition to the majority s views in a case. 249

6 8. Supreme Court opinions may be used as precedents in similar cases in the lower courts. 9. The Court is often divided in its opinions because the cases it hears are so controversial. Core Worksheet A 3 1. Students should provide reasons for their responses. 2. Possible responses: Is it your position that the quality of the sound is the same whether or not the technician is the city technician or the Rock technician? But what is the principal case you would rely on here for the proposition that the city must use the least intrusive means? 3. Possible responses for Koerner: And we don t pretend to regulate the speech within the bandshell area. All we do is control loudness to the extent it doesn t bleed into the unwilling listener area. Time, place and manner presumes that there s going to be some limitation on free speech, but it recognizes that where there s a significant governmental interest, that the government has a right to make this limitation. The test is not whether the particular solution is the best, but whether or not it is effective. Possible responses for Kunstler: There are five alternatives short of putting in your own mixer. This is an attempt to regulate free expression. Music is within the First Amendment. I think this is a pure First Amendment freedom of expression case... where the state is trying to essentially mix the sound of the band, a state employee using state-hired equipment. 4. Answers will vary. The Court upheld the New York City ordinance, finding that as long as the means chosen are not substantially broader than necessary to achieve the government s interest, a regulation will not be invalidated. Core Worksheet B 3 Students should cite reasons for or against each statement, and provide reasons for their opinions. Groups should decide which statements were most controversial and why. They also should identify which statements led to dissenting opinions and why. Skills Worksheet 3 1. the constitutionality of racial segregation 2. The Court supported its decision by arguing that separation of races was natural and did not violate the 13th and 14th amendments; that separate facilities did not stamp blacks with a badge of inferiority; that government could make distinctions based on race; and that legislation alone could not guarantee social equality for African Americans. 3. Students answers will vary. Possible response: The Court s decision failed to adequately consider the spirit of the Constitution or the ways in which African Americans civil rights were being violated by separate but equal facilities. The Court did not seem to understand that it was unlikely that the races would engage in voluntary consent. The Court also failed to fully consider the impact its decision would have on race relations in the United States. 4. In Brown v. Board of Education of Topeka, the Supreme Court s decision recognized that separate facilities were inherently unequal and, therefore, violated the 14th Amendment s guarantee of equal protection. Skill Activity 2 1. Definitions: conflict - fighting; inferiority - feeling of having less value; prejudice - bias; proposition - proposal; voluntary - of one s free will. 2. the constitutionality of racial segregation 3. The Court supported its decision by arguing that separation of races was natural and did not violate the 13th and 14th amendments; that separate facilities did not stamp blacks with a badge of inferiority; that government could make distinctions based on race; and that legislation alone could not guarantee social equality for African Americans. 4. The Court first decided whether segregation violated the law. It then looked at the arguments made and considered whether it found them valid. Based on this information, the justices decided how to rule on the case. 250

7 Quiz A 1. f 2. b 3. a 4. e 5. c 6. d 7. b 8. c 9. a 10. d Quiz B 1. f 2. e 3. c 4. d 5. a 6. b 7. b 8. c 9. a 10. d CHAPTER 18 Section 4 Reading Comprehension 3 1. Special courts have very narrow jurisdictions and hear only those cases that fall into a very limited class. Their judges are not appointed for life, but serve for a fixed term. 2. Courts-martial are military courts that serve the special disciplinary needs of the armed forces. Their trials are similar to the trials held in civilian courts, but their judges, prosecutors, defense attorneys, and other personnel are all members of the military, and only two-thirds of the panel, or jury, has to agree on a verdict versus the unanimous verdict required in a civilian court. 3. the Court of Appeals for the Armed Forces and the Supreme Court 4. cases in which individuals claim that the Department of Veterans Affairs has denied or otherwise mishandled valid claims for veterans benefits 5. Military commissions are court-like bodies composed of commissioned officers. They were created in 2003 to try unlawful enemy combatants, mostly suspected terrorists captured by American forces in Afghanistan and Iraq. A military tribunal created in 1942 tried eight Nazi saboteurs. 6. only if empowered to do so by an act of Congress 7. satisfaction of a claim, or payment 8. claims for damages from the Federal Government 9. the Court of Appeals for the Federal Circuit 10. A federal district court and the federal Court of Appeals for the District of Columbia hear many local cases as well as those they try as constitutional courts. Congress has also established two local courts, including a superior court, which is the general trial court, and a court of appeals. 11. It is not a part of the federal court system, but is an independent judicial body in the legislative branch. Reading Comprehension 2 1. Congress created the special courts to hear cases involving the powers of Congress. 2. A court-martial is a military court that serves the needs of the armed forces. The judges and other people who work in the courts are all members of the military. 3. A civilian tribunal is a court that operates as part of the judicial branch, separate from the military. It reviews serious courtmartial convictions. 4. Court-martial convictions can be appealed to the Court of Appeals for the Armed Forces and then the Supreme Court. 5. The Court of Appeals for Veterans Claims hears appeals from decisions made by the Board of Veterans Appeals. It hears cases in which individuals claim that the Department of Veterans Affairs has denied valid claims for veterans benefits. Court of Federal Claims hears cases involving money claims against the federal government. The United States Tax Court hears appeals concerning the payment of federal taxes. 6. President George W. Bush created the military commissions. Military 251

8 commissions are boards of commissioned officers created to try suspected terrorists captured by American forces in Afghanistan and Iraq. 7. Congress must appropriate money to be paid to that person. 8. A district court and a court of appeals hear local and constitutional cases. Congress has also established two local courts: a superior court and a court of appeals. Core Worksheet 3, 2 Members of the President s Administration: 1, 3, 5, 7, 11, 14 Members of Human Rights Watch: 2, 4, 6, 8, 10, 12, 13, 15, 17 Family members of people who died during the 9/11 terrorist attacks: 1, 5, 16, 20 Family members of detainees at Guantanamo Bay: 4, 6, 9, 12, 13, 15, 17, 18, 19 Answers to the Critical Thinking Questions will vary. Students should support their positions by citing constitutional provisions. Quiz A 1. c 2. a 3. d 4. b 5. f 6. e 7. b 8. b 9. d 10. c Quiz B 1. d 2. b 3. e 4. c 5. f 6. a 7. b 8. b 9. c 10. c CHAPTER 18 Test A 1. f 2. i 3. a 4. h 5. g 6. c 7. b 8. j 9. d 10. e 11. c 12. c 13. a 14. a 15. c 16. c 17. c 18. b 19. c 20. d Document-Based Question 21. This quote describes judicial review, the power to decide the constitutionality of an act of government. The Supreme Court first asserted its power of judicial review in Marbury v. Madison. In that case, the Court declared an act of Congress unconstitutional. This laid the foundation for the judicial branch s key role in the development of the American system of government. Critical Thinking 22. The philosophy of judicial restraint says that judges should decide cases on the basis of (1) the original intent of the Framers or those who enacted the statute(s) involved in a case, and (2) precedent. Proponents of this philosophy believe that the courts should defer to policy judgments made in the legislative and executive branches and thus honor the right of the majority to determine public policy. Supporters of judicial activism, on the other hand, take a much broader view of judicial power. They argue that provisions in the Constitution and in statute law should be interpreted and applied in the light of ongoing 252

9 changes in conditions and values. While they value precedent and the importance of majority rule, they believe that the courts should not be overly deferential to existing legal principles or to the judgments of elected officials. Essay 23. Answers will vary. Students should support their responses with details about the structure of the federal court system, including the avenues for appealing cases at various levels. Students should also note ways that the structure of the federal court system has changed over time to operate more effectively such as adding the appeals courts to reduce the number of cases the Supreme Court had to hear, and adding the Court of Federal Claims to assist Congress in handling claims against the United States. Test B 1. e 2. j 3. a 4. i 5. g 6. b 7. f 8. h 9. c 10. d 11. c 12. c 13. d 14. a 15. c 16. b 17. c 18. b 19. c 20. d Document-Based Question 21. This quote describes judicial review, the power to decide the constitutionality of an act of government. The Supreme Court first asserted its power of judicial review in Marbury v. Madison. In that case, the Court declared an act of Congress unconstitutional. This laid the foundation for the judicial branch s key role in the development of the American system of government. Critical Thinking 22. The philosophy of judicial restraint means a judge will consider precedent, or the decisions made in other cases, when making decisions. The judge will also focus on the Constitution and the original intent of the law. Supporters of judicial activism take a broader view of judicial power. Judicial activism means that the judge is willing to consider the current needs of society since the law was made. These beliefs weigh heavily when judges decide a case. Essay 23. Answers will vary. Students should support their answer with details about the structure of the federal court system. Answers should describe avenues for appealing cases at various levels. Students should show they understand that the structure of the federal court system is designed to make it as effective as possible. For example, the appeals courts hear a volume of cases that the Supreme Court could not handle; the special courts are each designed to fill a specific need. CHAPTER 19 Prereading and Vocabulary 2 1. all citizens; also Aliens are people who live in a country but who are not citizens of that country. 2. located in; the Catholic church Parochial means having to do with a church. 3. striking workers; in front of ABC Company Picketing is the gathering of striking workers at their place of work as a sign of protest. 4. g 5. d 6. e 7. b 8. f 9. c 10. a 253

10 Chapter Outline 2 I. Section 1: The Unalienable Rights A. The American Commitment to Freedom 1. freedom 2. Civil liberties 3. Civil rights B. Limited Government 1. Constitution 2. citizens, aliens C. Federalism and Individual Rights states D. The 9th Amendment 9th Amendment II. Section 2: Freedom of Religion A. Separation of Church and State Establishment B. Religion and Education Lemon test C. The Establishment Clause legislatures, schools D. The Free Exercise Clause religious beliefs III. Section 3: Freedom of Speech and Press A. Free Expression 1. Freedom of the press 2. libel, slander B. Seditious Speech and Obscenity 1. overthrow, government 2. three-part C. Prior Restraint prior restraint D. Free Speech and the Media shield laws E. Symbolic and Commercial Speech 1. Picketing 2. Commercial speech IV. Section 4: Freedom of Assembly and Petition A. The Right to Assemble 1. peaceful 2. petition 3. public, private 4. time, place, manner B. Freedom of Association promote, cause CHAPTER 19 Section 1 Reading Comprehension 3 1. The struggle for individual rights in England influenced the early colonists, who brought a commitment to freedom with them to America. 2. life, liberty, and the pursuit of happiness 3. The Bill of Rights is the first ten amendments to the Constitution. It was added because several States would not ratify the Constitution unless they were promised that a listing of rights would soon be added. 4. Civil Liberties = protections against government; examples: freedom of religion, freedom of speech and press, guarantees of fair trial Civil Rights = positive acts of government; examples: laws against discrimination on the basis of race, sex, religious belief, or national origin 5. The Constitution limits government through its guarantees of freedom, which prohibit or restrict the power of government to do something. 6. Each person has rights, but those rights are relative to the rights of every other person. One person s rights cannot infringe on the rights of others. 7. Under the federal system, the Bill of Rights placed restrictions on the National Government, but not on the States. However, the 14th Amendment s Due Process Clause makes it clear that States cannot deny basic rights to the people. 8. Any five of the following: freedom of speech, freedom of press, freedom of assembly and petition, Free Exercise Clause, Establishment Clause, no unreasonable searches and seizures, no self-incrimination, no double jeopardy, right to counsel, right to confront and obtain witnesses, speedy trial, trial by jury, no cruel and unusual punishments 9. It guarantees that rights exist beyond those listed in the Constitution and that the enumeration of rights in the Constitution may not be used to deny people additional rights. Reading Comprehension 2 1. (a) Inalienable rights are rights that are absolute. They cannot be surrendered. (b) The three basic inalienable rights in the Declaration of Independence are life, liberty, and the pursuit of happiness. 254

11 2. The colonists were committed to personal freedom because they were first denied the right to worship freely in Great Britain and then Britain began to take away the freedoms granted to colonists under their own governments. 3. The Bill of Rights is the first 10 amendments to the Constitution. This is a list of rights guaranteed to the people. 4. The Bill of Rights was added to the Constitution because the states would not approve the Constitution without it. 5. Civil liberties: Civil liberties are the freedoms that the government may not take away. Examples include the freedom of religion, press, speech, assembly, petition, and the right to a fair trial. Civil rights: Civil rights are the protections the government grants to people. Examples include the protection against discrimination on the basis of race, sex, religion, or national origin. 6. (a) Limited government is a basic principle of the government of the United States. The Constitution sets limits on the power of government. The Constitution gives the government power to rule; however, these limits ensure that basic individual rights are protected. (b) Rights of citizens are limited relative to the rights of others. No person can prevent another from exercising a right. Examples include the right to vote and the right of free speech. No person can keep others from exercising these rights. 7. The Bill of Rights placed limits on the power of the national government, but not on the power of the states. The Due Process Clause of the 14th Amendment extends the Bill of Rights to the states, guaranteeing that states cannot deny basic rights to the people. 8. The Supreme Court has held that most of the guarantees in the Bill of Rights are also covered in the 14th Amendment. This is called the process of incorporation. 9. The 9th Amendment guarantees that rights exist beyond those listed in the Constitution. Core Worksheet 3 1. freedom of religion, speech, press, assembly, and petition 2. because the rights of speech, press, assembly, and petition allow citizens to obtain information and freely express their opinions, even unpopular ones 3. Students might say that the free exchange of ideas and opinions is the foundation of democratic government. These rights protect citizens from most limitations by government. They also help citizens become informed about their leaders, their electoral choices, and the policies of their lawmakers. 4. Students should conclude that the cartoonist, although poking fun at arguing, respects the ideals of the 1st Amendment. The cartoonist has included a framed painting of blind justice right next to the Bill of Rights. Skills Worksheet 3 1. The Takahashi excerpt is a first-hand account of a Japanese American who was removed from her home. The article by the Japanese American National Museum was written 65 years after relocation took place. It is unknown whether the author had first-hand knowledge of the event. 2. The main idea is that the relocation and internment of Japanese Americans during World War II was unjust. This idea is supported by the formation of a commission that called for redress from the Federal Government. It is also supported by the Federal Government s subsequent actions. 3. (a) She seems frightened and confused as to why such hostility was being directed toward Japanese Americans. (b) Takahashi reports that people were becoming angry toward Japanese Americans after Pearl Harbor, and that newspapers were agitating against them. She reports acts of violence against Japanese Americans. Her story supports the account in the article by the Japanese American National Museum that the relocation was a deeply traumatic experience. 255

12 Skill Activity 2 1. The Takahashi piece was written by someone who actually witnessed the events described. The newspaper story was written years after the events described happened. 2. The main idea is that the relocation of Japanese Americans during World War II was unjust. 3. She seems frightened and confused as to why such hostility was being directed toward Japanese Americans and relieved to be moved to the internment camp. 4. The two accounts agree. Takahashi reports that people were becoming angry toward Japanese Americans after Pearl Harbor. She says newspapers were agitating against them. She reports acts of violence against Japanese Americans. Her story supports the account in the Times that the relocation of Japanese Americans was done mostly because of prejudice and hysteria. Quiz A 1. a 2. d 3. e 4. b 5. c 6. f 7. b 8. d 9. b 10. a Quiz B 1. a 2. f 3. c 4. e 5. b 6. d 7. b 8. d 9. d 10. a CHAPTER 19 Section 2 Reading Comprehension 3 1. (a) It prohibits an establishment of religion (the Establishment Clause). (b) It prohibits any arbitrary interference by government with the free exercise of religion (the Free Exercise Clause). 2. It sets up a wall of separation between church and state. 3. Pierce v. Society of Sisters: struck down a law requiring parents to send their children to public rather than parochial schools Everson v. Board of Education: upheld a law providing for public busing of students to parochial, as well as public, schools Engel v. Vitale: outlawed the use of a prayer in public schools written by the New York State Board of Regents Abington School District v. Schempp: struck down a law requiring readings from the Bible and recitations of the Lord s Prayer at the beginning of each school day Stone v. Graham: struck down a law ordering the posting of the Ten Commandments in public classrooms Wallace v. Jaffree: struck down a law providing for a one-minute period for meditation or voluntary prayer at the start of each school day Lee v. Weisman: outlawed the offering of prayer as part of a public school graduation ceremony Santa Fe Independent School District v. Doe: struck down a school district s policy that permitted student-led prayer at high school football games Westside Community Schools v. Mergens: upheld the Equal Access Act of 1984 that allows student religious groups to meet in public high schools on the same terms as other organizations Epperson v. Arkansas: struck down a law forbidding the teaching of the scientific theory of evolution Grand Rapids School District v. Ball: outlawed the use of tax monies to pay any part of the salaries of parochial school teachers Zelman v. Simmons-Harris: upheld a plan in which parents can receive vouchers to send their children to parochial schools 256

13 4. The Lemon test is a three-pronged standard to decide whether a State law amounts to an establishment of religion. That standard states that (1) a law must have a secular, not religious, purpose; (2) it must neither advance nor inhibit religion; and (3) it must not foster an excessive entanglement of government and religion. 5. The Supreme Court ruled in Marsh v. Chambers that legislative prayers are constitutionally permissible because (1) they have been offered in the nation s legislative bodies from colonial times; and (2) legislators, unlike schoolchildren, are not susceptible to religious indoctrination or peer pressure. 6. (a) In County of Allegheny v. ACLU, the Court ruled that a holiday display violated the 1st and 14th amendments, while in Pittsburgh v. ACLU, it ruled that another holiday display did not. In the first case, the display celebrated the birth of Jesus, while in the second case, the display consisted of a Christmas tree, a menorah, and sign declaring the city s dedication to freedom. (b) In Van Orden v. Perry, the Court held that a Ten Commandments monument did not violate the 1st and 14th amendments, while in McCreary County v. ACLU, it ruled that the display of the Ten Commandments in Kentucky county courthouses was unacceptable. In the first case, it found the monument s overall message to be secular rather than religious, while in the second case, it found that the displays had a clear religious purpose. (c) In Minersville School District v. Gobitis, the Court upheld a school board regulation requiring students to salute the flag. It ruled that the regulation did not infringe on religious liberty, but was a lawful attempt to promote patriotism and national unity. In West Virginia Board of Education v. Barnette, the Court reversed that decision and held that a compulsory flag-salute law is unconstitutional and that patriotism does not need to be compulsory to flourish. 7. beliefs rooted in religion 8. The Free Exercise Clause does not give a person the right to violate criminal laws, offend public morals, or threaten community safety. Various limits have been placed on free exercise to promote safety or uphold other laws. Reading Comprehension 2 1. a. The Establishment Clause separates church and state. It prohibits an establishment of a state religion. b. The Free Exercise Clause guarantees each person s right to believe whatever he or she chooses about religion. 2. Busing of students to parochial schools: Constitutional Holding religious classes in public facilities during the school day: Unconstitutional Posting the Ten Commandments in public schools: Unconstitutional Allowing student-led prayers at public school sporting events: Unconstitutional Allowing religious groups to meet in public schools: Constitutional Forbidding teaching of the scientific theory of evolution in public schools: Unconstitutional Providing government aid to parochial schools in the form of books and equipment: Constitutional 3. The Lemon test arose from the case of Lemon v. Kurtzman in It helps the courts determine whether state aid to parochial schools is constitutional. 4. The test states that aid to parochial schools must (1) not have a religious purpose; (2) be neutral toward religion; and (3) avoid too much mixing of government and religion. 5. The Supreme Court decided that a large display in the county courthouse celebrating the birth of Jesus violated the 1st and 14th amendments. 6. The Supreme Court has ruled that prayers in legislatures are constitutional because they have been offered in the nation s legislatures since colonial times. In addition, legislators are not influenced by religious teaching the way school children are. 7. (1) People cannot violate the law; (2) people cannot endanger others; and (3) people cannot force their beliefs on others. 257

14 Core Worksheet 3 Scenario A 1. Is asking students to recite a nondenominational prayer in the classroom a violation of separation of church and state and an endorsement of religion? 2. the school board and a parent of a student at the school 3. Students might respond that the school board s action violated the Establishment Clause by allowing a governmentsponsored prayer. Because the prayer was nondenominational and did not support a particular religion, others might argue that the school board s action was legal. Scenario B 1. Does the government s denial of unemployment benefits to workers who are fired because of their religious beliefs violate the workers 1st Amendment rights? 2. former employee and State employment office 3. Students might argue that it did because it forced the woman to choose between her job and her religious beliefs. Scenario C 1. Is it constitutional for the public school district to support a religious education program that endorses a particular religion? 2. parents of two elementary school students and the school board 3. No, it clearly has a religious purpose, it advances a particular religion, and it entangles government with religion by taking place in public schools. The school board s decision to allow the program in its elementary schools implies government support or endorsement of this program. Scenario D 1. Did the school s dress code violate the right of a student to wear a religious head covering in school? 2. the student s family and school officials 3. Some might argue that refusing to allow students to wear religious head coverings violates the Free Exercise Clause of the 1st Amendment. Others might argue that allowing students to wear religious head coverings constitutes an endorsement of religion, violates content neutrality, or shows favoritism to one religious group over others. Quiz A 1. f 2. b 3. c 4. e 5. a 6. d 7. d 8. a 9. a 10. a Quiz B 1. e 2. b 3. c 4. d 5. a 6. f 7. d 8. d 9. a 10. a CHAPTER 19 Section 3 Reading Comprehension 3 1. (a) to guarantee each person a right of free expression (b) to guarantee to all persons a wideranging discussion of public affairs 2. These guarantees are intended to protect the expression of unpopular views, because it is these views, rather than the opinions of the majority, that need protecting. 3. Libel: false and malicious use of printed words; no Slander: false and malicious use of spoken words; no Seditious speech: advocating the overthrow of the government by force or disrupting its lawful activities by violent acts; no, if it poses a clear and present danger Obscenity: material that is objectionable or offensive; no, if it meets the Court s threepart test 258

15 Symbolic speech: expression or communication of ideas by conduct; yes, if it is truly symbolic speech Picketing: patrolling of a business site by workers who are on strike; yes, if it is peaceful and is not conducted for an illegal purpose Commercial speech: speech for business purposes, usually advertising; yes, as long as it is not false or misleading or advertising illegal goods 4. (a) if the average person applying contemporary community standards finds that the work, taken as a whole, appeals to the prurient interest (b) if the work depicts or describes in a patently offensive way a form of sexual conduct specifically dealt with in an antiobscenity law (c) if the work, taken as a whole, lacks serious literary, artistic, political, or scientific value 5. No. Except in the most extreme cases, government cannot place any prior restraint on expression, because that would be curbing ideas before they are expressed. 6. Shield laws give reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings. Reading Comprehension 2 1. The writers felt that freedom of speech would encourage the expression of many different opinions. This interplay of ideas is essential to the healthy functioning of a democratic government. 2. It is the guarantee that people can speak freely and write their opinions, which then can be published or broadcast. 3. Libel: Libel is false or unjust written statements. No Slander: Slander is false or unjust spoken statements. No Seditious speech: Seditious speech encourages people to violently overthrow or otherwise harm the government. No Obscenity: Obscenity is offensive material; The Supreme Court has set up a threepart test to help define what materials are offensive. No Symbolic speech: Symbolic speech communicates ideas without words. Yes, in most cases Picketing: Picketing is a protest against a business by striking workers near their place of work. Yes Commercial speech: Commercial speech is speech for business purposes, usually advertising. Yes, in most cases Core Worksheet 3 Case A 1. against the student 2. Vulgar language at a school assembly is not protected by the 1st Amendment. 3. Answers will vary. Case B 1. against the student 2. Symbolic speech that could disrupt school activities or interfere with the rights of others is not protected. 3. Answers will vary. Case C 1. against the student 2. School authorities may discipline a student for remarks intended to cause injury or fear of harm, even if spoken off school grounds. 3. Answers will vary. Case D 1. for the student 2. None; the student s Web site did not cause disruption of school activities. 3. Answers will vary. Case E 1. against the student 2. The student may not make threats of physical violence. 3. Answers will vary. Case F 1. against the student 2. A student may not express opinions, either in or out of class, that substantially disrupt class, cause disorder, or restrict the rights of others. 3. Answers will vary. Extend Worksheet 3, 4 1. The Supreme Court s decision upheld the right of the Hazelwood School District to censor stories in a school-sponsored student newspaper. The Court s opinion said that public school students do not 259

16 necessarily have the same rights as do adults in other settings. The student newspaper was not considered by the Court to be a forum for public expression by students. Therefore, the students were not entitled to broad protection by the 1st Amendment. 2. The Hazelwood decision reversed a U.S. Court of Appeals ruling that had upheld the students rights. It also was in contrast to previous decisions across the country that had given student journalists wideranging 1st Amendment rights. 3. The dissenting justices believed the newspaper to be a forum for students to express their views and that the school s censorship could not be defended. 4. Students essays should show evidence of thorough research and careful thought about the issues involved in the case. They should present reasons for their support of or disagreement with the Supreme Court s ruling. Quiz A 1. a 2. f 3. e 4. b 5. d 6. c 7. b 8. c 9. d 10. b Quiz B 1. f 2. e 3. b 4. c 5. a 6. d 7. b 8. c 9. d 10. b CHAPTER 19 Section 4 Reading Comprehension 3 1. It protects the right of people to gather with one another to express their views, to organize to influence public policy, and to bring their views to the attention of public officials by various means. It does not give anyone the right to incite others to violence, block a public street, close a school, or otherwise endanger life, property, or public safety. 2. Civil disobedience is purposely violating the law as a means of expressing opposition to some particular law or public policy. As a general rule, it is not protected by the Constitution. 3. Governments can make reasonable rules covering the time, place, and manner of assemblies. The rules must also be precisely drawn, fairly administered, and content neutral. 4. (a) upheld a law that required a license to hold a parade or procession on a public street (b) overturned convictions for disorderly conduct of demonstrators who had acted peacefully (c) upheld a judge s order directing demonstrators not to block access to an abortion clinic (d) upheld a law that limits sidewalk counseling at abortion clinics 5. No, the rights of assembly and petition do not give people a right to trespass on private property, even to express political views. 6. the right to join with others to promote political, economic, and social causes; National Association for the Advancement of Colored People v. Alabama 7. (a) A person cannot be fired from a job because of political associations. (b) A person cannot be required to disclose his or her political associations to be licensed to practice law. (c) An organization cannot be forced to accept members when that action would contradict what the organization professes to believe. 260

17 Reading Comprehension 2 1. a. Freedom of assembly protects people s right to assemble in public places in a peaceful way for peaceful purposes. It also protects people s right to petition the government. b. Freedom of assembly does not protect the right of groups to cause riots or interfere with the rights of others. It does not protect the right to assemble near schools or courthouses or on private property. 2. Governments can make rules covering the time, place, and manner of assemblies. The rules must be content neutral. That is, they cannot regulate assemblies on the basis of what might be said. 3. In Gregory v. Chicago, the Supreme Court overturned convictions of demonstrators who had acted peacefully. This limited how much regulation authorities could use to control demonstrators. 4. Freedom of association means citizens may freely associate with others to promote a cause. National Association for the Advancement of Colored People v. Alabama, 1958, upheld that right. 5. The Supreme Court ruled that a state cannot force an organization to accept members if doing so goes against the organization s beliefs. Core Worksheet 3 Scenario 1 Analyze the Case 1. Is the denial of a permit to hold a concert and rally a violation of the band s right to assemble and petition? 2. public; public spaces like parks are considered places of assembly where people can express their political views 3. They feared the concert and rally would draw large crowds and cause conflict with townspeople. They felt they would not have enough police to control the crowd, and public safety would be endangered. 4. Time-place-manner criteria: The concert would be held at night in a public park and would not be likely to disrupt school, but could disrupt traffic. Content neutrality criteria: Town officials say they have based their decision on public safety and crowd control issues; the band says this is an excuse to prevent speech. 5. Town officials: Government can make reasonable rules covering the time, place, and manner of assemblies. The police fear that the rally may not be peaceful. Band members: The group has the right to protest even if its cause is unpopular with some of the people in the town. Refusing the permit to the band violates content neutrality. The town council has given permits to other groups. Reflection Questions 1. Answers will vary. 2. Answers will vary. 3. because the rights of both are essential in a democracy 4. possible answers: through such demonstrations as holding a parade, a march, or a rally; a teach-in for their point of view; boycott the concert Scenario 2 Analyze the Case 1. Do individuals have the right to assemble and petition on private property? 2. Time-place-manner regulations: took place in a private mall. In Lloyd Corporation v. Tanner, 1972, the Court ruled that private property is not considered a place of assembly. A citizen s constitutional right to assemble and petition does not extend to private property. 3. Mall owner: The mall is on private property and is a place of business, not a place of public assembly; citizens do not have a constitutional right to assemble and petition on private property. PAVVG: The mall owner s actions violate their 1st Amendment right to assemble and petition; their actions were peaceful and did not interfere with shoppers or obstruct the flow of traffic; far fewer people will pass by their table outside the shopping mall, limiting the group s effectiveness in finding people to sign their petition. Reflection Questions 1. Answers will vary. 2. Answers will vary. 3. because although the right to petition is a guaranteed freedom, protecting private property is also a right 4. possible answers: calling or writing State legislators, lobbying legislators in the State 261

18 capital, asking local TV or radio stations to let them speak on air, holding a rally, helping campaign or raise money for political candidates who share their point of view Core Worksheet 2 Scenario 1 Analyze the Case 1. Is the denial of a permit to hold a concert and rally a violation of the band s right to assemble and petition? 2. public; public spaces like parks are considered places of assembly where people can express their political views 3. They feared the concert and rally would draw large crowds and cause conflict with townspeople. They felt they would not have enough police to control the crowd, and public safety would be endangered. 4. Time-place-manner criteria: The concert would be held at night in a public park and would not be likely to disrupt school, but could disrupt traffic. Content neutrality criteria: Town officials say they have based their decision on public safety and crowd control issues; the band says this is an excuse to prevent speech. 5. Town officials: Government can make reasonable rules covering the time, place, and manner of assemblies. The police fear that the rally may not be peaceful. Band members: The group has the right to protest even if its cause is unpopular with some of the people in the town. Refusing the permit to the band violates content neutrality. The town council has given permits to other groups. Reflection Questions 1. Answers will vary. 2. Answers will vary. 3. because the rights of both are essential in a democracy 4. possible answers: through such demonstrations as holding a parade, a march, or a rally; a teach-in for their point of view; boycott the concert Scenario 2 Analyze the Case 1. Do individuals have the right to assemble and petition on private property? 2. Time-place-manner regulations: took place in a private mall. In Lloyd Corporation v. Tanner, 1972, the Court ruled that private property is not considered a place of assembly. A citizen s constitutional right to assemble and petition does not extend to private property. 3. Mall owner: The mall is on private property and is a place of business, not a place of public assembly; citizens do not have a constitutional right to assemble and petition on private property. PAVVG: The mall owner s actions violate their 1st Amendment rights to assemble and petition; their actions were peaceful and did not interfere with shoppers or obstruct the flow of traffic; far fewer people will pass by their table outside the shopping mall, limiting the group s effectiveness in finding people to sign their petition. Reflection Questions 1. Answers will vary. 2. Answers will vary. 3. because although the right to petition is a guaranteed freedom, protecting private property is also a right 4. possible answers: calling or writing State legislators, lobbying legislators in the State capital, asking local TV or radio stations to let them speak on air, holding a rally, helping campaign or raise money for political candidates who share their point of view Quiz A 1. e 2. b 3. c 4. a 5. d 6. f 7. d 8. c 9. b 10. c Quiz B 1. e 2. b 3. c 4. a 5. d 6. f 262

19 7. d 8. c 9. b 10. b CHAPTER 19 Test A 1. e 2. j 3. a 4. d 5. g 6. i 7. c 8. b 9. h 10. f 11. c 12. b 13. c 14. a 15. d 16. a 17. d 18. b 19. c 20. d Document-Based Question 21. The subject of the cartoon is flag burning, which is a form of symbolic speech. The Supreme Court has twice held that burning the American flag as an act of political protest is expressive conduct protected by the 1st and 14th amendments. In its ruling in Texas v. Johnson, the Court argued that we do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents. Critical Thinking 22. Possible response: Yes. The Court has ruled that government may celebrate Christmas, as long as it does not endorse Christian doctrine. A Christmas tree does not keep people from following their own religious beliefs and traditions, and it does not endorse Christian doctrine. Therefore, displaying one does not violate the Establishment Clause. OR: No. The Christmas tree has long been associated with the Christmas celebration in the Christian religion. Therefore, displaying a tree at the State Capitol can be equated with the goverment s favoring the Christian religion, unless other, similar symbols are displayed by the government to celebrate other religions as well. Essay 23. Possible response: Almost every day, the courts deal with cases in which individual rights and freedoms must be balanced with the common good. For example, American citizens are guaranteed the right to free speech, but they cannot be allowed to use their freedom of speech to falsely shout Fire! in a crowded theater and thereby endanger the lives of others. Some cases are simple, but others are far more complex, such as allowing people to freely practice their religion, even if it involves sacrificing animals in a place where animal cruelty is against the law. To balance individual rights with the common good, the judiciary must evaluate each situation on a case-by-case basis, taking into account constitutional principles, established laws, and previous decisions of the Supreme Court and other courts. The general rule throughout the history of the American judiciary has been to allow as much individual freedom as possible without endangering public safety or property or limiting the freedoms of others. Test B 1. c 2. j 3. f 4. b 5. e 6. i 7. a 8. g 9. h 10. d Multiple Choice 11. c 12. a 13. c 263

20 14. a 15. d 16. a 17. d 18. b 19. d 20. c Document-Based Question 21. (a) The subject of the cartoon is flag burning, which is a form of symbolic speech. (b) The Supreme Court has held that burning the American flag as an act of political protest is conduct protected by the 1st and 14th amendments. Critical Thinking 22. Possible response: Yes, the state government should be able to display a Christmas tree. The Establishment Clause prohibits the government from supporting any one religion. However, it is legal for religion to be recognized in government. For example, sessions of Congress use a prayer to open their sessions. The Court has ruled that nativity scenes and other seasonal items could be displayed during Christmas. A Christmas tree does not keep people from following their own religious beliefs and traditions, and it does not endorse Christian doctrine. Therefore, displaying one does not violate the Establishment Clause. Essay 23. Possible response: Almost every day the courts deal with cases in which individual rights and freedoms must be balanced with the common good. For example, American citizens are guaranteed the right to free speech. However, citizens cannot be allowed to use their freedom of speech to falsely shout Fire! in a crowded theater. Some cases are simple. Deciding other cases is far more complex. For example, should people freely practice their religion, even if it involves sacrificing animals in a place where animal cruelty is against the law? To balance individual rights with the common good, the judiciary must evaluate each situation on a case-by-case basis. The courts take into account constitutional principles, established laws, and previous court decisions. The general rule throughout the history of the American judiciary has been to allow as much individual freedom as possible without endangering public safety or property or limiting the freedoms of others. CHAPTER 20 Prereading and Vocabulary 2 1. Syllables: dis crim i na tion Part of speech: noun Definition: unfair treatment or attitude toward others 2. Syllables: ex clu sion ar y rule Part of speech: noun Definition: legal rule that keeps illegally obtained evidence from being used in court 3. Syllables: prob a ble cause Part of speech: noun Definition: reasonable suspicion that a person has committed a crime 4. Syllables: pro ce dur al due pro cess Part of speech: noun Definition: use of fair legal procedures and methods 5. Syllables: search war rant Part of speech: noun Definition: authorization given by a court allowing a search to be made 6. discrimination, procedural due process, probable cause, search warrant, exclusionary rule Chapter Outline 2 I. Section 1: Due Process of Law A. What is Due Process? 1. 5th 2. Substantive, Procedural B. Police Power and the Right to Privacy 1. health, safety, and welfare 2. privacy II. Section 2: Freedom and Security of the Person A. The 13th Amendment 1. slavery, involuntary servitude 2. discrimination B. The Right to Keep and Bear Arms 2nd, militia C. Security of Home and Person 1. 4th, illegal 2. probable cause D. The Exclusionary Rule 264

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