The Supreme Court and the Bill of Rights Name ____________________________
Test Guide
History 8
2004
1. Explain the importance of Marbury v. Madison (1803). What two key precedents were set in this case?
2. What are the two main ways that cases reach the Supreme Court? About how many cases does the Court hear in a year?
3.
What is stare decisis? Why is it critical to the
4. What are the two key differences between criminal and civil cases?
5. How many justices sit on the Court? Who is the chief justice? What other two justices are the most conservative? What justice is the swing vote on many key decisions?
6. Explain why the Supreme Court serves as a “brake on democracy.”
7. What role does the Fourteenth Amendment play in the Bill of Rights?
8. What forms of non-spoken communication are considered speech?
9. Give several examples of non-protected speech.
10. What are the standards for obscenity (Miller v. California)? What standards are applied to broadcast and internet speech?
11. What is the test for students’ free speech rights as outlined in Tinker v. Des Moines? What rights do school newspapers possess?
12. What is the Open Forum Doctrine? Why are open forums seldom used?
13. What is prior restraint? When is it permitted?
14. What is libel? How has the Court limited the ability of some citizens to recover damages from libel?
15. Explain the concept of the “wall of separation” between church and state. What is the test to determine if a person’s religiously motivated actions can be infringed upon by the government? How does the Court evaluate government aid to religion (Lemon v. Kurtzman)?
16. Explain the individual versus collective rights controversy in regard to the Second Amendment. What position has the Court taken?
17. Explain the two basic requirements for searches outlined in the Fourth Amendment. Explain the exceptions to these requirements.
18. What is the purpose of a Grand Jury?
19. Explain the following in the context of the Bill of Rights:
A) Double Jeopardy
B) Eminent Domain
C) Zoning Laws
D) “Taking the Fifth”
E) Miranda Warning
F) Bail
G) Cruel and Unusual Punishment (what it does and does not prohibit)
H) Right to Privacy
20. What procedures are designed to protect the right to a fair and impartial jury?
21. Explain the so-called “Rehnquist Revolution” in regard to federalism.
22. What two basic rights are protected by the Fourteenth Amendment?
23. Explain the difference between procedural and substantive due process.
24. What methods have been used to overturn/negate Roe v. Wade? Explain why these have failed.
25. Explain the difference between the rational basis test, intermediate scrutiny, and strict scrutiny. When would each be applied?
26. What are “public accommodations?” Describe the decisions the Court has made in regard to them.
27.
What is affirmative action? Why is it an equal protection issue? Explain the Court’s holding in the
28. What gender classifications has the Court upheld?
29. Define the two types of sexual harassment. When may a business or school be held liable for sexual harassment?
30. What decisions has the Court made in regard to the rights of homosexuals? What are the legal issues in the gay marriage debate?
31. Cases to know by name:
A)
Marbury v.
B)
Tinker v.
C) Engel v. Vitale (1962)
D)
Miranda v.
E) Gideon v. Wainwright (1963)
F)
McCulloch v
G) Roe v. Wade (1973)
H) Brown v. Board of Education (1954)