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AP Government Unit 3

Test and Exam Review

1st Amendment Freedoms of speech , religion, press, assembly and petition
Free Exercise Clause Congress shall make no law restricting free exercise of religion
Wisconsin vs. Yoder law compelling Amish students to attend school past the 8th grade *Constitutional Clause: Free Ex. Clause of the First Amendment *Free Exercise of the Amish outweighed the benefit gained by the state. In these types of cases SCOTUS must weigh the rel
Establishment Clause Congress shall make no law respecting an establishment of religion "wall of separation between church and state"
Engel vs. Vitale (1962) NY state government created a prayer to be read each day in public schools. *Constitutional Clause: Establishment Clause of the First Amendment* A Government WRITTEN prayer-violates the Establishment Clauses’ separation of Church and State
Tinker vs. Des Moines students suspended for wearing black arms as a way to protest the Vietnam War
Accepted Limits on Free Speech Key is “Time, Place and Manner” regulations. Also can limit seditious speech, speech significantly harmful to national security or public safety. Also can limit slander/libel (knowingly lying to harm a person’s reputation)
New York Times Co v US-Pentagon Papers Case (1971) Facts: the NY Times (and Washington Post) were continuing to publish top secret/classified documents. The Nixon administration tried to prevent (prior restraint) further publication. Reasoning: prior restraint can only be used if there would be an immedi
2nd Amendment "a well- regulated militia being necessary to the protection of a free state, the right of the people to bear arms shall not be infringed"
McDonald vs Chicago involved a handgun ban in Chicago. *Constitutional Clause: 2nd Amendment applied to states through the Due Process Clause. *Self defense and the right to bear arms = Fundamental Liberty
4th Amendment protects against unreasonable searches and seizures. Probable Cause-to receive a search warrant vs. Reasonable Suspicion (lower standard for searches outside a person’s home/business. Such as during traffic stops.
Exclusionary Rule Unconstitutionally seized evidence cannot be used in court. Method to enforce the 4th Amendment
5th Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. “Right to remain silent…. Right to an Attorney…..."
Miranda Rule suspects must be read their rights when being questioned about a crime
6th Amendment key protection is the right to a lawyer.
Gideon vs. Wainwright Gideon was arrested for stealing but could not afford to hire a lawyer. Constitutional Clause: 6th Amendment’s Right to a lawyer-applied to states through the Due Process Clause of the 14th amendment. Right to a lawyer = Fundamental Liberty.
8th Amendment protects against excessive bail, fines and cruel and unusual punishment. Capital Punishment is the major issue. being examined (people can’t pay spending time in jail even though they have not been convicted). (Violates the Presumption of Innocence)
9th Amendment Reserved rights: rights that people have even though they are not listed in the Constitution- Right to Privacy is the most important.
Roe vs Wade Based on the right to privacy-extended that right to a right to abortion. Right of privacy linked to Abortion=Fundamental Liberty-applied to states through the Due Process Clause.
10th Amendment powers not delegated to the national government nor denied to the states, are reserved to the states” (AKA Reserved Powers)-Law Enforcement, public health and safety, education-AKA Police Powers.
14th Amendment Defines "natural born citizen"(anyone born in the U.S. or born to American parents in another country)
Due Process Clause no state shall deprive any person of life, liberty or property without due process of law
Equal Protection Clause no state shall deny any person within its jurisdiction the equal protection of its laws
Selective Incorporation the process used by the Supreme Court of applying the Bill of Rights to the states. (Process involves both the Due Process and Equal Protection Clauses)-implies that the Bill of Rights originally only applied to the federal government.
15th Amendment gave Black males the right to vote
17th Amendment voters directly elect senators (prior to this amendment they were appointed by state governments)
19th Amendment gave women the right to vote
23rd Amendment gave D.C. 3 electoral votes
24th Amendment eliminated the poll tax in national
26th Amendment 18 year olds get the right to vote
Voting Rights Act outlawed racial discrimination in voting. Included a concept known as “Pre-Clearance” which required states with a history of racial discrimination to get any changes to their voting system approved by the Justice Department
De Jure Segregation/ Discrimination done through law or policy-so it is something intended to segregate and/or discriminate
Jim Crow Laws laws that created institutional segregation-in public facilities-restrooms, water fountains, seating in mass transportation-PUBLIC EDUCATION)
Plessy vs Ferguson created the "separate but equal" doctrine-separate facilities were based on race; as long as they were equal-were constitutional.-Did not violate “Equal Protection Clause”)
Brown vs Board of Education overturned "separate but equal doctrine: ordered desegregation of the public school system: segregated schools were in violation of the 14th Amendment Equal Protection Clause-ended De Jure segregation in public schools-led to the civil rights movement
Affirmative Action programs or policies implemented by government institutions and businesses that specifically help women and minority groups in the areas of education and employment
Supreme Court-Higher Education Court decided strict racial/GENDER quotas in college admissions are unconstitutional- but race/GENDER can be one of many factors in college admission
Set-Asides a government contract that reserves part of that contract for women and minority-owned businesses
Equal Pay Act requires equal pay for similar work
Civil Rights Act of 1964 Along with and other factors-Title VII of this law outlawed the use of sex discrimination in hiring, firing or pay related issues.
Title IX Higher Education Act ( 1973) "no person in U.S. shall, on the basis of sex, be excluded from participation in, or be denied benefits of, or be subject to discrimination of any educational program receiving federal funding
Equal Right Amendment (ERA) Equality of rights under the law shall not be abridged by the U.S. or any state on the account of sex. *proposed in 1972 and got two-thirds vote in both Houses *by 1977 it had 35 out of 38 states needed to ratify *movement died out in 1982
Strict Scrutiny distinctions based on race are only constitutional if there is a ‘compelling state interest”-"suspect classification": ALMOST IMPOSSIBLE
Skeptical (Intermediate) Scrutiny distinctions based on gender must be based on an "exceedingly persuasive justification " (THIS MADE IT MORE DIFFICULT TO MAKE DISTINCTIONS BASED ON GENDER THAN RATIONAL BASIS TEST)-BUT IS IS HARDER TO MAKE DISTINCTIONS BASED ON RACE THAT IT IS ON GENDER
Americans with Disabilities Act (ADA) of 1990 federal legislation prohibits discrimination against the disabled. Employers required to make reasonable accommodations for disabled person to perform their job function. major unfunded mandate on governments to make their government facilities accessible
Civil Rights protections against unequal treatment
Civil Liberties basic protections that are given to everyone-usually listed in the Bill of Rights
Schenck vs. US a person protesting against US participation in WWI and against the draft- was arrested –while the Supreme Court ruled against Schenk-it did establish an important protection. SCOTUS Decision established clear and present danger doctrine
Clear and Present Danger Doctrine government could only restrict or censor political speech (BASED ON NATIONAL SECURITY) if it created "clear and present” danger
U.S. v Virginia (VMI case) SCOTUS created the concept of “Skeptical Scrutiny” - It is significant because prior to this case, gender distinctions only had to pass the “Rational Basis Test”
The Lilly Ledbetter-Fair Pay Act of 2009 he Act amends the Civil Rights Act of 1964. The new act states that the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new paycheck affected by that discriminatory action.
Created by: rcooke
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