AP Gov Exam (Bill Of Rights) Flashcards
First Amendment
Congress can’t punish speech, press, peaceful, assembly, or the free exercise of religion. Nor can Congress establish a religion. Only a few exceptions have been allowed to limit this right of the people.
Second Amendment
The right to keep and bear arms (McDonald V Chicago)
Fourth Amendment
Freedom from unreasonable search and seizure without a judicial warrant.
(The exclusionary Rule)
Fifth Amendment
Right to remain silent, Freedom of double jeopardy, Grand Jury Right
Sixth Amendment
Right to Jury Trial, Right to know the charges against you, Right to speedy trial, Right to an attorney (Gideon V Wainwright), Right to confront witnesses/evidence against you
Eighth Amendment
Freedom from cruel and unusual punishment
Tenth Amendment
Powers not given to central Government are “Reserved” to the States
Fourteenth Amendment
(Judicially active SCOTUS application beginning in the 20th century - Federalist 78)
Due Process Clause - States cannot deny citizens any of the Civil Liberties guaranteed in the Bill of Rights (i.e. Miranda V Arizona)
Equal Protection Clause - States must apply the Bill of Rights and their Tenth Amendment powers equally to their citizens. This falls under the category of Civil Rights and a great example of this is Brown V. Board of Education.
Selective Incorporation - SCOTUS has applied Civil Liberties on a case-by-case basis and almost all of the Bill of Rights has now been incorporated and must be followed by the states