Apr 23, 2022 Uncategorized

The Law and The Constitution Paper



Using what you’ve learned about civil liberties and civil rights you will review cases that have gone before The Supreme Court. You will need to identify the Amendment of The Constitution involved and apply the correct test, scrutiny, or act to the case. For example you may need to use strict scrutiny or quasi suspect category or possibly the Lemon or Sherbet Test. You will need to state how you would rule if you where a Justice of the Supreme Court and explain why you would rule that way.


  1. Read the case details
  2. Determine under what amendment the constitutional challenge is.
  3. Determine which test, scrutiny, act, or rule applies to the case.
  4. Vote whether to rule constitutional or unconstitutional.
  5. Record your answers in a word document or pdf.
  6. Upload your answers for all cases.

Case # 1 Engel v. Vitale (1962)

In the New York school system, each day began with a nondenominational prayer acknowledging dependence upon God. This action was challenged in Court as unconstitutional.

1.Amendment and clause?
2.Test, Scrutiny, or rule?
3.How did you rule?

Case # 2 Mapp v. Ohio (1961)

While searching Dollree Mapp’s house, police officers discovered obscene materials and arrested her. Because the police officers never produced a search warrant, she argued that the materials should be suppressed.

  1. Amendment?
  2. Test, Scrutiny, or Rule applied?
  3. How did you rule?
  4. Why?

Case # 3 Man v. Women

A Southern state passes a law requiring all women to demonstrate their financial self-sufficiency prior to filing for divorce, although men filing for divorce need make no such showing.

  1. Amendment and act?
  2. Test, Scrutiny, or Rule?
  3. How did you rule?
  4. Why?

Case # 4 Employee V. Employers

Alabama passes a law which requires “all black employees shall receive 3/5 the compensation of a white employee for performing the same job.”

  1. Amendment?
  2. Scrutiny, Test, or rule?
  3. How did you rule?
  4. Why?

Case # 5 Obergefell v. Ohio

Jim Obergefell, sued his home state of Ohio in 2013 along with his partner, John Arthur, who was dying of ALS (also known as Lou Gehrig’s Disease). The couple wanted the state to acknowledge their marriage on Arthur’s death certificate. Obergefell and Arthur had married in Maryland, but their marriage was not recognized in Ohio, where same-sex marriage is illegal.

  1. Amendment?
  2. Scrutiny, Test, Or Rule?
  3. Who did you rule?
  4. Why?