STONY BROOK POL 102 THEME EXAM 1 STUDY GUIDE &
PRACTICE QUESTIONS 2026/2027
McCulloch v. Maryland (1819) - ANS✔✔ The Federal Government has a right to operate a
national bank due to the
enumerated power to tax and spend; reinforced federal supremacy over
states.
Griswold v. Connecticut (1965) - ANS✔✔ The Constitution's Bill of Rights creates a "penumbra"
ensuring a right to
privacy
Roe v. Wade (1973) - ANS✔✔ The right to privacy protects a woman's right to an abortion until
fetal
viability
Planned Parenthood v. Casey (1992) - ANS✔✔ States can regulate abortion so long as it doesn't
create an undue burden
on a woman's right to abortion.
Lawrence v. Texas (2003) - ANS✔✔ Ruled same-sex couples enjoy a right to privacy, reversing a
1986 ruling
that allowed states to enforce anti-sodomy laws.
Engel v. Vitale (1962) - ANS✔✔ School prayer is unconstitutional; violates Establishment Clause
Lemon v. Kurtzman (1971) - ANS✔✔ Created "Lemon Test" which was a three-pronged
approach determining
, what government could do regarding the Establishment clause.
1. Laws must have a secular purpose.
2. Laws cannot advance or inhibit religion.
3. Laws must not "excessively entangle" government in religion
Sherbert v. Verner (1963) - ANS✔✔ Created two-part test to determine if laws violated the Free-
Exercise Clause.
1. Demonstration of such a compelling interest and narrow tailoring in all Free Exercise cases in
which a religious person was substantially burdened by a law. The conditions are the key
components of what is usually called strict scrutiny.
Employment Division v. Smith (1990) - ANS✔✔ Overturned Sherbert test, replacing it with a
simpler test: Does the law
apply equally to EVERYONE?
Holt v. Hobbs (2015) - ANS✔✔ Sherbert test revived.
Schenck v. U.S. (1919) - ANS✔✔ Speech can be restricted if there's a clear and present danger
Brandenburg v. Ohio (1969) - ANS✔✔ Speech can be restricted only if it incites imminent
lawless action
Texas v. Johnson (1989) - ANS✔✔ Government cannot prohibit expression just because it's
disagreeable
Tinker (1969) - ANS✔✔ Students have a right to free speech, but it can be restricted if it
materially
and substantially interferes with the operation of the school.
PRACTICE QUESTIONS 2026/2027
McCulloch v. Maryland (1819) - ANS✔✔ The Federal Government has a right to operate a
national bank due to the
enumerated power to tax and spend; reinforced federal supremacy over
states.
Griswold v. Connecticut (1965) - ANS✔✔ The Constitution's Bill of Rights creates a "penumbra"
ensuring a right to
privacy
Roe v. Wade (1973) - ANS✔✔ The right to privacy protects a woman's right to an abortion until
fetal
viability
Planned Parenthood v. Casey (1992) - ANS✔✔ States can regulate abortion so long as it doesn't
create an undue burden
on a woman's right to abortion.
Lawrence v. Texas (2003) - ANS✔✔ Ruled same-sex couples enjoy a right to privacy, reversing a
1986 ruling
that allowed states to enforce anti-sodomy laws.
Engel v. Vitale (1962) - ANS✔✔ School prayer is unconstitutional; violates Establishment Clause
Lemon v. Kurtzman (1971) - ANS✔✔ Created "Lemon Test" which was a three-pronged
approach determining
, what government could do regarding the Establishment clause.
1. Laws must have a secular purpose.
2. Laws cannot advance or inhibit religion.
3. Laws must not "excessively entangle" government in religion
Sherbert v. Verner (1963) - ANS✔✔ Created two-part test to determine if laws violated the Free-
Exercise Clause.
1. Demonstration of such a compelling interest and narrow tailoring in all Free Exercise cases in
which a religious person was substantially burdened by a law. The conditions are the key
components of what is usually called strict scrutiny.
Employment Division v. Smith (1990) - ANS✔✔ Overturned Sherbert test, replacing it with a
simpler test: Does the law
apply equally to EVERYONE?
Holt v. Hobbs (2015) - ANS✔✔ Sherbert test revived.
Schenck v. U.S. (1919) - ANS✔✔ Speech can be restricted if there's a clear and present danger
Brandenburg v. Ohio (1969) - ANS✔✔ Speech can be restricted only if it incites imminent
lawless action
Texas v. Johnson (1989) - ANS✔✔ Government cannot prohibit expression just because it's
disagreeable
Tinker (1969) - ANS✔✔ Students have a right to free speech, but it can be restricted if it
materially
and substantially interferes with the operation of the school.
