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CRL Exam 2
| Constitutional Foundations – What amendment originally limited only federal power? | Bill of Rights (Amendments 1‑10) |
| 14th Amendment, §1 – What two clauses form the basis of modern civil‑rights litigation? | Due Process Clause and Equal Protection Clause |
| Incorporation Doctrine – How are Bill‑of‑Rights protections applied to the states? | Through the 14th Amendment’s Due Process Clause (selective incorporation) |
| Levels of Scrutiny – What level of review is applied to race‑based classifications? | Strict Scrutiny |
| Levels of Scrutiny – What level of review is applied to gender‑based classifications? | Intermediate Scrutiny |
| Levels of Scrutiny – What level of review is the default for most laws? | Rational‑Basis Review |
| First Amendment – What five freedoms are protected? | Speech, Press, Religion, Assembly, Petition |
| Free Speech – When can speech be restricted? | Clear‑and‑present‑danger, incitement, obscenity, or defamation |
| Free Press – What is the presumption about prior restraint? | It is presumptively invalid |
| Free Exercise – When is a neutral law of general applicability upheld? | When it does not target religious practice (Employment Division v. Smith) |
| Establishment Clause – What does it forbid the government from doing? | Establishing a religion or favoring one over another |
| Key First‑Amendment Cases – Schenck v. United States (1919) – What test did it establish? | Clear‑and‑present‑danger test |
| Key First‑Amendment Cases – Brandenburg v. Ohio (1969) – What standard governs incitement? | Intent to incite imminent lawless action + likelihood of occurring |
| Key First‑Amendment Cases – Tinker v. Des Moines (1969) – What student‑speech principle did it set? | Students do not “shed their constitutional rights…at the schoolhouse gate” |
| Key First‑Amendment Cases – New York Times Co. v. United States (1971) – What doctrine was reinforced? | Heavy burden on government to justify prior restraint (Pentagon Papers) |
| Key First‑Amendment Cases – Employment Division v. Smith (1990) – How are neutral laws of general applicability treated? | They are upheld even if they incidentally burden religious practice |
| Due Process – What does procedural due process guarantee? | Notice and a fair hearing before deprivation of life, liberty, or property |
| Due Process – What does substantive due process protect? | Certain fundamental rights from government interference even with fair procedures |
| Goldberg v. Kelly (1970) – What right did the Court recognize in this case? | Procedural due process for termination of welfare benefits |
| Lawrence v. Texas (2003) – What liberty interest did the Court protect? | The right to engage in consensual adult sexual conduct |
| Equal Protection – What standard of review applies to race or national‑origin classifications? | Strict Scrutiny |
| Equal Protection – What standard applies to gender classifications? | Intermediate Scrutiny |
| Equal Protection – What standard applies to sexual‑orientation classifications after Windsor? | Intermediate Scrutiny |
| Equal Protection – What standard is used for age, disability, or poverty classifications? | Rational‑Basis Review (often “heightened”) |
| Key Equal‑Protection Cases – Brown v. Board of Education (1954) – What doctrine did it overturn? | “Separate but equal” (Plessy) |
| Key Equal‑Protection Cases – Reed v. Reed (1971) – What type of discrimination was struck down? | Gender discrimination in estate administration |
| Key Equal‑Protection Cases – United States v. Virginia (1996) – What institution’s exclusion was deemed unconstitutional? | Virginia Military Institute’s male‑only admission policy |
| Key Equal‑Protection Cases – Obergefell v. Hodges (2015) – What right did the Court recognize? | The fundamental right to marry a same‑sex partner |
| Voting Rights – Which amendment prohibits poll taxes? | 24th Amendment |
| Voting Rights – What federal act (1965) created preclearance for certain jurisdictions? | Voting Rights Act (VRA) |
| Shelby County v. Holder (2013) – What section of the VRA was invalidated? | Section 4(b) coverage formula (which triggers Section 5 preclearance) |
| Key Voting Cases – Harper v. Virginia Board of Elections (1966) – What constitutional principle did the Court apply to poll taxes? | Equal Protection (racial classifications not required) |
| Key Voting Cases – Crawford v. Marion County Election Board (2008) – Under what level of scrutiny are voter‑ID laws evaluated? | Rational‑Basis Review with an “important” governmental interest |
| Criminal Procedure – 4th Amendment – What test defines a protected expectation of privacy? | Reasonable expectation of privacy (Katz) |
| 5th Amendment – What warning must police give before custodial interrogation? | Miranda warnings (right to remain silent, right to counsel) |
| 6th Amendment – What right is guaranteed by Gideon v. Wainwright (1963)? | Right to appointed counsel for indigent defendants |
| 8th Amendment – What type of punishment is prohibited? | Cruel and unusual punishment |
| Key Criminal‑Procedure Cases – Katz v. United States (1967) – What two‑part test did the Court adopt? | (1) Subject has a subjective expectation of privacy; (2) Society recognizes that expectation as reasonable. |
| Key Criminal‑Procedure Cases – Miranda v. Arizona (1966) – What are the three core components of the warning? | Right to remain silent, anything said can be used against you, right to an attorney, if unable to afford one one will be provided. |
| Key Criminal‑Procedure Cases – Mapp v. Ohio (1961) – What doctrine was applied to the states? | Exclusionary rule (evidence obtained in violation of the 4th Amendment is inadmissible) |
| Key Criminal‑Procedure Cases – Terry v. Ohio (1968) – What standard permits stop‑and‑frisk? | Reasonable suspicion |
| Gender & LGBTQ+ Rights – What Supreme Court case extended Title VII protections to sexual orientation and gender identity? | Bostock v. Clayton County (2020) |
| Same‑Sex Marriage – Which two cases together established marriage equality? | United States v. Windsor (2013) and Obergefell v. Hodges (2015) |
| Reproductive Rights – Which 2022 decision overturned Roe v. Wade? | Dobbs v. Jackson Women’s Health Organization (2022) |
| Contemporary Issues (2024‑2026) – What 2024 Supreme Court case addressed federal authority over interstate travel for abortions? | Moyle v. United States (2024) |
| Campus Speech – Which 2021 case protected off‑campus student speech on social media? | Mahanoy Area School District v. B.L. (2021) |
| Digital Privacy – Which 2018 case held that cell‑site location data is a search? | Carpenter v. United States (2018) |
| Religious‑Rights – Which 2022 case protected a public‑employee’s prayer after work? | Kennedy v. Bremerton School District (2022) |
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webbol