Civil Liberties & Civil Rights unit test
A test on this unit alone, marked as a percentage and a letter grade — for the test your class is actually sitting, rather than for May. Answer everything, then submit once: seeing the answer to question 3 before attempting question 4 makes the final percentage meaningless.
Civil Rights Act of 1964
Right to privacy
Exclusionary rule
McDonald v. Chicago (2010)
Gideon v. Wainwright (1963)
Selective incorporation
Schenck v. United States (1919)
Wisconsin v. Yoder (1972)
Civil liberties vs civil rights
Equal protection clause
Title IX
Strict scrutiny
Short answer 1. Define or explain: Tinker v. Des Moines (1969)
3 ptsShort answer 2. Define or explain: Prior restraint
3 ptsShort answer 3. Define or explain: Establishment clause
3 ptsShort answer 4. Define or explain: Miranda rights
3 ptsFree response
4 ptsSCOTUS COMPARISON. This question compares a case you studied with one you did not. Summary of the non-required case: Employment Division v. Smith (1990). Two members of the Native American Church were fired from their jobs at a private drug rehabilitation clinic in Oregon for ingesting peyote, a hallucinogen used in a religious ceremony of their church. When they applied for unemployment benefits, the state denied them on the ground that they had been dismissed for work-related misconduct, since possessing peyote was a crime under Oregon law with no religious exemption. They argued that the denial burdened their free exercise of religion. The Supreme Court held that the Free Exercise Clause does not require a religious exemption from a neutral, generally applicable law — a law that does not target religion and applies to everyone alike may be enforced even when it incidentally burdens a religious practice. Requiring exemptions, the Court reasoned, would make each person a law unto himself. The required case for comparison is Wisconsin v. Yoder (1972), in which the Court held that Amish parents could not be compelled to send their children to school past the eighth grade, because the state's interest in two additional years of schooling did not outweigh the burden on a sincere religious practice central to a long-established way of life.
A. Identify the constitutional clause that is common to both Employment Division v. Smith and Wisconsin v. Yoder.
B. Explain why the facts of Wisconsin v. Yoder led to a different holding than the holding in Employment Division v. Smith.
C. Describe an action that members of a religious group who disagreed with the holding in Employment Division v. Smith could take to attempt to change the effect of the decision.