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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.VocabularyThe Amendment ProcessAmend: To change or add toJoint Resolution: Act proposed by both houses of Congress used topropose constitutional amendmentsMilitia: Armed citizens who are called for service in times of emergencyDue Process: Legal proceedings carried out according to established rulesand principlesCivil: Relating to ordinary community life as opposed to criminal proceedingsBail: Money given to secure the temporary release of an accused individualwhile he or she is awaiting trialRepeal: To remove or cancel a lawFirst Amendment Freedoms
Establishment Clause: Part of the First Amendment that prohibits thegovernment from setting up a national religionFree Exercise Clause: Part of the First Amendment that prohibits thegovernment from interfering in American’s free exercise of their religiousbeliefs.Nonsectarian: Not associated with a particular religious groupPolygamy: Marriage in which a spouse may have more than one mate at atimeLibel: Intentional injury to one’s reputationRights of the AccusedPresumption of Innocence: Assumption that someone is innocent untilproven guilty of a crimeProsecutor: Government official who seeks to prove the guilt of an accusedpersonPlea Bargain: Process by which an accused person agrees to plead guilty toa less serious crimeProbable Cause: Valid reason for a police search arrestGrand Jury: group of people selected to hear evidence and decide whethera person should be charged with a crimeCivil RightsCivil Rights: Basic Freedoms guaranteed to citizens by the ConstitutionDiscrimination: Policy or attitude that denies equal rights and treatment tocertain groups of people
Segregate: To separate people on the basis of race, class, or ethnicity, orother differencesJim Crow Laws: Legislation passed by southern states in the 1800s and 1900sto force the segregation of the races; named for a characters in theminstrel shows of the 1800s that featured white actors in black-facemakeupSupreme Court CasesTinker v. Des MoinesFirst Amendment- Tinker and other classmates protested war in Vietnamby wearing black armbands, were warned day before that anyone wearingthe armband would be suspended, wore armbands anyway- Court sidedwith Tinker- Children in Schools protected under First Amendment undercertain circumstancesHazelwood v. KuhlmeierFirst Amendment- Kids writing for a school newspaper (Spectrum) wrotearticles about teen pregnancy and a divorce going on in school, schoolcensored and deleted articles as kids in teen pregnancy article were easilyidentifiable, divorce article didn’t show both sides of argument- Court sidedwith Hazelwood School District- School newspapers are not consideredpress, they are educational toolsEngel v. VitaleFirst Amendment- The school district was writing prayers and studentswere told to recite them- Court sided with Engel- Children should not (andcannot) be forced to recite prayers in school, nor should the government bewriting prayers in the first place
Schneck v. United StatesFirst Amendment- Schneck opposed war and was part of an antiwarpolitical 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 “clearand present danger” to societyMapp v. OhioFourth Amendment- Police came into Mapp’s house (with her permission) tolook for gambling materials, found obscene books/pictures and arrested andconvicted for owning them- Court sided with Mapp- Evidence cannot beused against the person from whom it was taken if it was taken illegallyGideon v. WainwrightSixth Amendment (more minor, Fourteenth Amendment)- Gideon wascharged of stealing beverages and a few pounds of coins, asked forcounsel at trial, was denied council, Florida made state law that basicallycountered sixth amendment- Court sided with Gideon- All people (no matterhow poor) are allowed to have access to counsel, and states cannot changelawMiranda v. ArizonaFifth Amendment- Miranda accused of rape, not informed of FifthAmendment Rights, confesses- Court sided with Miranda- Suspects mustnow be informed of their Fifth Amendment rights before being interrogatedPlessy v. FergusonFourteenth Amendment- Plessy refuses to move from white section ofrailroad car, gets arrested- Court sided with Ferguson- Plessy A) could notstay there because of the Jim Crow laws, B) should not move as thesections are “Separate but equal”
Brown v. Board of EducationFourteenth Amendment- Linda Carol Brown was forced to go to a distantschool 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 tobus stop- Court sided with Brown- Nearly repealed “Plessy” decision,separate schools are not equal, separate anything was not equal, beganintegration of black and white schools.Basic Things to KnowAmendment 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 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 conventioncalled by Congress if requested by Ratified by conventions in ¾ of ⅔ of State legislatures 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 toPeacefully ProtestSecond Amendment: Right to continue state militias (right to beararms)Third Amendment: Prohibits government from forcing people to housesoldiers (basically repealing the Quartering Act)Fourth Amendment: Prevents Illegal searches and seizures (Police lookingthrough 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 nothave to give any self-incriminating information while being interrogated, andthe people conducting the interrogation must inform the suspect beforeinterrogation of these rights (Miranda Rights). It also guarantees the right tonot be tried twice for the same crime (thus, the defendant can confessafter being tried and found innocent)Sixth Amendment: Right to counsel and a speedy trial in criminal cases. Ifthe 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 $20Eighth Amendment: Prevents a judge from setting excessive bail and crueland unusual punishmentNinth Amendment: Citizens have other rights not mentioned in theConstitutionTenth Amendment: Powers not given in the Constitution belong to the States
Rights of the AccusedThe accused already have basic rights outlined by the Fourth, Fifth, andSixth 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 againsta defendant in court, including evidence not mentioned on a warrant (forinstance, if the police enters your home looking for unregistered firearmsbut finds stolen electronics instead, they cannot seize the stolen electronicsand use them against you without getting a warrant for the stolenelectronics)Freedom of ReligionThe First Amendment protects freedom of religion in two ways:-The Establishment Clause prevents the government from setting up anational religion-The Free Exercise Clause allows Americans to practice any religion theychooseFreedom of SpeechThe decisions of the Supreme court have created more specific guidelinesconcerning 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 ScenariosOkay, so, to clear the air, not all of the people in these scenarios areour age, so things aren’t confusing. Their ages range 12-20.1-Police show up at Ainsley’s house with a warrant for a stolensports car. No stolen car is found, however, stolen smartphones arefound in a drawer.Amendment:2-Lisette and her friends Alexa and Bella participate in a protest atthe West Hall of the Los Angeles Convention Center against theconstruction of Farmer’s Field. The protest is peaceful until somedrunken football fans try to start a fight with the protesters, but theyflee as soon as the cops show up. Not knowing who’s who, the policegoes after a few protesters, but many, including Lisette and Bella,manage to escape. Alexa and a few others, however, are not aslucky.Amendment:3: Tami has been bugging Penny all day. First, she demands Pennybuy her a sandwich. Then, she tells Penny to clean her feet. Later,she asks that Penny vacuums the house. Finally, Penny gets fed-upwhen Tami asks her to clean all the toilets. Penny says that Tami isforcing her into involuntary servitude, and better pay her or let herleave.(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 beencharged for shoplifting. Today, he is getting interrogated. The policeask him questions, but he answers none.Amendment:5: Jamie has been noticing something strange. Many of her friendsown 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 ourcountry ever gets conquered or if a tyrannical leader ever comes intorule.”Amendment:6: Perry goes to court and is accused of stealing a loaf of breadworth about $2.50 from a grocery store. He is found guilty, and thejudge sentences him to life in prison, even though he has nevercommitted any other type of crime in his life (except for theoccasional parking ticket when the meter runs out). Perry says, “no,”and then elaborates, saying, “that is unusual for this type of crime.”Amendment: