click below
click below
Normal Size Small Size show me how
AP Gov. Unit 3
Bill of Rights | First 10 amendments that guarantees fundamental rights + freedom - by James Madison |
Civil Liberties | Protections from the abuse of gov. power - apply to individuals and their ability to do certain thing |
Civil Rights | Protections from discrimination against groups of people - based on race, gender, or other minorities |
Selective Incorporation | Court applies the Bill of Rights on states through a case-by-case basis Ex. McDonald v. Chicago |
First Amendment | Freedom of speech, press, peaceably to assemble, religion, and petition the gov. |
Establishment Clause | No official religion or special treatment for certain religion |
Lemon Test | After Lemon V. Kurtzman, the court use this test to see if the Establishment clause is violated. - Does the law have a secular purpose? - Does the law advance/inhibit a religion? - Does the law avoid “excessive entanglement” b/w church + state? |
Free Exercise Clause | People are allowed to practice any religious faith or ritual of their choice |
Engel V. Vitale | |
Engel v. Vitale | State cannot hold prayers in public school, even if it was voluntary + did not adhere to a specific religion - context: families sued their children’s school district for having (nondenominational) prayer in classroom - Establishment Clause |
Wisconsin v. Yoder | Compelling Amish students to attend public school beyond 8th grade violate the free exercise clause - lead to non-traditional form of schooling option like home school |
Tinker v. Des Moines | Students have free speech at school, but their “expression” can’t interfere w/ operation of school - Context: Students wear black armband in protest against Vietnam War were suspended from school - symbolic speech is protected |
Symbolic Speech | Actions that purposefully convey a particular message or statement |
Schenck v. United States | Speech can be limited if it created a clear + present danger - censorship is okay if gov. has reason - context: a socialist handing out leaflets telling men not to enlist in WW1 was arrested b/c he violated the Espionage Act of 1917 |
Clear and present danger test | Used to evaluate speech that invites or creates a risk of “imminent lawless action” - A person cannot cause panic for a false reason - not protected by 1st amendment free speech Ex. Yelling “fire” in a movie theater |
Preferred Position Doctrine | Courts preference is to rule in favor of free speech whenever possible - protect offensive, but non-threatening speech |
List speech that is not protected | - libel = a written lie - slander = a spoken lie - obscenity = offensive + lacking value based on community standard - speech that incite violence |
Prior Restrain | Crossing out parts of an article before it is public; censorship - gov .deciding what can/cannot be published |
New York Time v. United States | Rule against prior restrain (no censorship) even when national security at stake Context: Daniel Ellsberg leaked the Pentagon Papers (about U.S. involvement in VN) to NYT, when the Washington post publish it, Nixon sued and tried to block it publication |
Second Amendment | Right to bear arms |
District of Columbia v. Heller (not a required SC case) | SC struck down a handgun ban & establish right to keep handgun at home for self-defense |
McDonald v. Chicago | The court applied the Heller decision to all states through due process clause; the right to self-defense is fundamental - context: McDonald wanted to buy a gun for self-defense but couldn’t b/c city restriction on handgun registrations |
Third Amendment | Can’t be forced to house soilder |
Fourth Amendment | Can’t have unreasonable searches + seizures; need warrant |
Exclusionary Rule | Illegal obtain evidences by the police cannot be used in a trial |
Objective Good Faith (exceptions of Exclusionary rule) | Allows for convictions in cases where an illegal search occurred but was performed under the assumption that it was legal |
Inevitable Discovery Rule (exceptions of Exclusionary rule) | Illegal seized evidence that eventually would have been found legally can still be use in court |
Search Warrant | An order from a judge authorizing a search |
What make a search by police legal? | - probable cause - search warrant - consent |
Probable cause | An officer has good reason to believe a crime has been committed |
Eight Amendment | No cruel or unusual punishment - also ban excessive bail/fines |
Bail Reform Act (1984) | Let’s federal judges deny bail to dangerous defendants or those likely to flee the country |
Lists the 3 restrictions of the Death Penalty | - cannot be given to intellectual disable people w/ IQ < 70 - cannot be given to those under the age of 18 - cannot be given to not-homicidical crimes (not-killing crimes) against a person |
Patriot Act (now: USA Freedom Act) | Enable investigator to gather info. when looking into terrorism related crime Ex. wiretap, phone, internet, electronic surveillance |
Due Process Clause | “Nor shall any state deprive any person of life, liberty, or property w/out due process of law (= having the opportunities for courts to decide)” - require the gov. to follow fair/just procedures when it takes away a person civil liberties |
Fifth Amendment | - grant jury - no double jeopardy = being prosecuted for the same crime twice - no witness against oneself - cannot be deprived of civil liberties w/out due process of law |
Miranda Rights | Suspects in custody must be informed of their 5th + 6th amendment rights (remain silence, lawyer, protection against self-discrimination) - Miranda v. Arizona |
Public Safety Exception (for Miranda Rights) | If the question is asked to neutralize a dangerous situation + a suspect responds voluntarily |
Sixth Amendment | In all criminal prosecutions, people have the rights to a speedy + public trial by jury and to have assistance of counsel (lawyer) for his defense - speedy trail = 100 day limit b/w arrest and trial start (can request extension) |
Habeas Corpus | Require a person who is being detained to be brought before a court/judge - protections against illegal imprisonment |
Gideon V. Wainwright | Must provide an attorney for defendant who can’t afford one - incorporate the right to counsel on state - context: Earl Gideon was accused of breaking-and-entering, theft, and destruction of property but was not given an attorney |
Seventh Amendment | Right to trial by jury for common-law/civil cases - >$20 |
Right to privacy | Right of individuals to be free from unreasonable gov intrusion into their personal lives (including thoughts, beliefs, expressions, intimate relationships) |
Ninth Amendment | You have additional rights that are not listed in the constitution Ex. privacy |
Tenth Amendment | Issues not details in constitution are up to the states Ex. Abortion, same sex marriage - ⬆️ conservative = ⬆️ support; ⬆️ liberal = ⬇️ support |
13th Amendment | Made slavery illegal |
14th Amendment | Declared that all people born in the U.S. were citizens and entitled to equal rights, protected by due processes |
Equal Protection Clause | Constitution has to protect everyone equally regardless of background |
Civil Right Act of 1964 | Banned discrimination in public accommodations or employment - gender, race |
Voting Right Act of 1965 | Banned literacy tests + other obstacles to vote |
Title VIII (of Civl Right Act) | Banned racial discrimination in housing |
Equal Pay Act of 1963 | Guaranteed equal pay regardless of gender |
Brown v. Broad of Education | Racial segregation of public school is unconstitutional - context: a group of families from Kansas sued the city’s broad of education for enforcing segregation in school - overturn “separate but equal” principle in Plessy v. Ferguson |
De jure segregation | Segregation legalized by law Ex. Jim Crow laws |
De facto segregation | Segregation that just happens, not b/c of legislation Ex. Most public school systems are still segregated b/c neighborhoods can have a predominantly race |
Title IX (Higher Education Act) | Prohibited gender discrimination by schools receiving public funds Ex. Need to offer to both men and women for a sport |
Affirmative Action | Preferential admissions and hiring policies for minorities - seek to create special employment opportunities for discriminated people - however, can lead to reverse discrimination |
List the 3 restrictions for Affirmative Action programs | - no quota system = cannot set aside a certain # of spots for a group - no point awarded for race - race can be a factor, but not the determining factor for admission |