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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
Created by: ForStudy2
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