Study guide for our unit 2 test

1. 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.
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

2. 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

3. 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 Moines
First 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. Kuhlmeier
First 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. Vitale
First 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

4. Schneck v. United States
First 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. Ohio
Fourth 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. Wainwright
Sixth 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. Arizona
Fifth 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. Ferguson
Fourteenth 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”

5. Brown v. Board of Education
Fourteenth 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 Process
Two 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 amendment
Amendment 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

6. 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 convention
called by Congress if requested by Ratified by conventions in ¾ of
⅔ of State legislatures states

7. Bill of Rights
The 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

8. 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

9. 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 society
Speech can also be limited by the government during a time of war.

10. 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)

11. 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: