AP Gov midterm #2 (chapter 4) Flashcards
what is the incorporation doctrine
incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states.
why is the incorporation doctrine important
the incorporation doctrine is a way to ensure that the Bill of Rights applies to both the federal government and the states, protecting the rights of all citizens.
what is prior restraint
judicial suppression (censorship) of material that would be published or broadcast, on the grounds that it is libel or harmful. In US law
what is considered libel
a published false statement that is damaging to a person’s reputation; a written defamation.
court cases related to prior restraint
Near v Minnesota (1931), the Supreme Court held that prior restraint or what we commonly know as censorship is unconstitutional under the 1st amendment (freedom of religion, speech, press, assembly, and petition.) The only exceptions to this are issues dealing with
national security and wartime. and the publication could still be punished afterwards in a criminal or other proceeding
New York Times v. United States (1971) Even when the government claims that something is a national security matter, courts proceed
with a heavy assumption against prior restraint/censorship, as noted in this case
what is freedom of speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction (punishment)
what are the restrictions on freedom of speech
1) time, place, and manner - limit how free speech is exercised like limits on where protests can take place
2) Content restrictions - attempt to limit what free speech can be said ( obscenity, child pornography, defamatory speech, false advertising, true threats, and fighting words)
court cases related to freedom of speech
tinker v des moines (1969), The court found that the First Amendment applied to public schools, and school officials could not censor student speech unless it disrupted the educational process. This case involved students wearing black armbands and the court found it was not disruptive so it was constitutional
shneck v US (1919), The Court ruled that freedom of speech and freedom of the press under the First Amendment could be limited only if the words in the circumstances created “a clear and present danger.” The example presented in this case is that you cannot shout “fire” in a crowded theater.
what is the 2nd amendment
The Second Amendment to the United States Constitution protects the right to keep and bear arms
court cases related to the 2nd amendment
District of Columbia v Heller (2008), the Supreme Court found that a generalized ban on
handguns violated the Second Amendment and our individual right to keep and bear arms. established our right to possess firearms for self-defense in our homes
McDonald v. Chicago (2010), built upon from past rulings the Supreme Court applied the Second Amendment to state and local laws, therefore protecting the individual right to keep and bear arms at the state level. this effectively limited the power of states and municipalities to restrict gun ownership.
whats the establishment clause
The Establishment clause prohibits the government from “establishing” a religion
court cases related to the Establishment Clause
Engel v Vitale (1962), The Court ruled that the school-sponsored prayer was unconstitutional because it violated the Establishment Clause.
Lemon v Kurtzman (1972), Lemon said that funding private religious schools violated the first amendment of the constitution. the courts declared that is unconstitutional to fund private religious schools unless it passes the “lemon test” in order for this test to be passed and the school get aid from the government the money cannot 1) be used for religious purposes 2) encourage or discourage religion and 3) entangle the government in religion
what is the free exercise clause
The Free Exercise Clause protects citizens’ right to practice their religion as they please, so long as the practice does not run afoul of a “public morals” or a “compelling” governmental interest.
court cases related to the free exercise
Wisconsin v Yoder (1972), this case was related to Amish children and how their religion required not going to school past the age of 14 but the law refused this the Supreme Court found that for the government to limit the free exercise of religion, it must prove that it is pursuing a compelling government interest in doing so by the least restrictive means. So in this case the law was found unconstitutional under the free exercise clause of the first amendment
what is the 4th amendment
protects citizens against unreasonable searches and seizures and generally requires that searches by the government be done with a warrant based upon probable cause.
court cases Related to the 4th amendment
Mapp v Ohio (1961), The U.S. Supreme Court ruled that evidence acquired through illegal search and seizure was not admissible evidence, and therefore officially applied the rule to the states.
what is due process
Due process is a requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly.
court cases related to due process found in the 14th amendment
Gideon v Wainwright (1963), the Supreme Court found that defendants have a right to a lawyer
under the Due Process Clause.
what is the equal protection clause
Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws.
court cases related to the equal protection clause of the 14th amendment
Brown v Board of Education (1954), the Supreme Court ruled that separating children in public schools on the basis of race was unconstitutional under the 14th amendments equal protection clause. overruling Plessy v. Ferguson “separate but equal”
Baker v. Carr (1962), held that federal courts could intervene in matters of legislative apportionment and that this is a judicable matter under the 14th Amendment equal protection clause. The decision established that each individual’s vote should carry equal weight regardless of an individual’s place of residence.
Shaw v Reno (1993), the courts found that under the 14th amendments equal protection clause, when it comes to redrawing voting districts, race could not be the deciding factor aka racial gerrymandering is unconstitutional.
what is affirmative action
Affirmative action refers to a set of policies and practices within a government or organization seeking to benefit marginalized groups (less fortunate groups giving them better opportunities like getting accepted into college)
court cases related to affirmative action
Regents of the University of California v. Bakke (1978), the Supreme Court found that affirmative action policies designed to diversify college admissions were permissible under the Fourteenth Amendment; however, racial quotas could not be the primary factor and deciding who to admit.
what is the 14th amendment
the 14th amendment ensures us of due process, equal protection under the law, and applies the bill of rights to the states.
court cases related to the 14th amendment
Brown v Board of Education (1954), the Supreme Court ruled that separating children in public schools on the basis of race was unconstitutional under the 14th amendments equal protection clause. overruling Plessy v. Ferguson “separate but equal”
what is the right to privacy
the right to privacy is not strictly stated in the constitution but can be implied from multiple amendments including the 4th amendment
court cases dealing with the right to privacy
In Roe v. Wade (1973), the Supreme Court determined that the right to privacy extended to a
woman’s choice to end a pregnancy. In what’s known as the trimester scheme, the Supreme
Court balanced government power and the right to privacy based on when in the pregnancy a
woman wanted to have an abortion.
what is the necessary and proper clause
the final clause of Article I, Section 8 in the Constitution, which gives Congress the power to make all laws “necessary and proper” for carrying out its expressed powers
court cases related to the necessary and proper clause
McCulloch v. Maryland (1819), The court ruled that Congress has the right to create a national bank because it’s necessary and proper for Congress to carry out its enumerated powers but the state could not tax an institution of the national government because laws of congress surpass those of state governments because of the supremacy clause,
what is judicial review
Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the Constitution
court cases related to judicial review
Marbury v. Madison (1803), the Supreme Court, for the first time, struck down an act of Congress as unconstitutional. This decision created the doctrine of judicial review and set up the Supreme Court of the United States as the chief interpreter of the Constitution. Meaning congress has the power to overturn an act that violates the constitution.
what is freedom of speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction.
court cases related to freedom of speech
citizens united v. Federla Election Commission (2010), In Citizens United v. Federal Election Commission they ruled that limiting funding to candidates from corporations was unconstitutional under the first amendments freedom of speech
what is the commerce clasue
allows Congress “to regulate commerce with foreign nations and among the several states,”
court cases related to the commerce clause
Six justices ruled in favor of Gibbons and argued that the state of New York could not grant exclusive rights to navigate waterways. Although Ogden argued on grounds of patent law, the case was decided according to the Commerce Clause.
