AP Gov midterm #2 (chapter 4)

Question 1

what is the incorporation doctrine

Answer 1

incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states.

Question 2

why is the incorporation doctrine important

Answer 2

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.

Question 3

what is prior restraint

Answer 3

judicial suppression (censorship) of material that would be published or broadcast, on the grounds that it is libel or harmful. In US law

Question 4

what is considered libel

Answer 4

a published false statement that is damaging to a person’s reputation; a written defamation.

Question 5

court cases related to prior restraint

Answer 5

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

Question 6

what is freedom of speech

Answer 6

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)

Question 7

what are the restrictions on freedom of speech

Answer 7

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)

Question 8

court cases related to freedom of speech

Answer 8

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.

Question 9

what is the 2nd amendment

Answer 9

The Second Amendment to the United States Constitution protects the right to keep and bear arms

Question 10

court cases related to the 2nd amendment

Answer 10

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.

Question 11

whats the establishment clause

Answer 11

The Establishment clause prohibits the government from “establishing” a religion

Question 12

court cases related to the Establishment Clause

Answer 12

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

Question 13

what is the free exercise clause

Answer 13

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.

Question 14

court cases related to the free exercise

Answer 14

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

Question 15

what is the 4th amendment

Answer 15

protects citizens against unreasonable searches and seizures and generally requires that searches by the government be done with a warrant based upon probable cause.

Question 16

court cases Related to the 4th amendment

Answer 16

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.

Question 17

what is due process

Answer 17

Due process is a requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly.

Question 18

court cases related to due process found in the 14th amendment

Answer 18

Gideon v Wainwright (1963), the Supreme Court found that defendants have a right to a lawyer
under the Due Process Clause.

Question 19

what is the equal protection clause

Answer 19

Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws.

Question 20

court cases related to the equal protection clause of the 14th amendment

Answer 20

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.

Question 21

what is affirmative action

Answer 21

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)

Question 22

court cases related to affirmative action

Answer 22

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.

Question 23

what is the 14th amendment

Answer 23

the 14th amendment ensures us of due process, equal protection under the law, and applies the bill of rights to the states.

Question 24

court cases related to the 14th amendment

Answer 24

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”

Question 25

what is the right to privacy

Answer 25

the right to privacy is not strictly stated in the constitution but can be implied from multiple amendments including the 4th amendment

Question 26

court cases dealing with the right to privacy

Answer 26

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.

Question 27

what is the necessary and proper clause

Answer 27

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

Question 28

court cases related to the necessary and proper clause

Answer 28

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,

Question 29

what is judicial review

Answer 29

Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the Constitution

Question 30

court cases related to judicial review

Answer 30

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.

Question 31

what is freedom of speech

Answer 31

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.

Question 32

court cases related to freedom of speech

Answer 32

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

Question 33

what is the commerce clasue

Answer 33

allows Congress “to regulate commerce with foreign nations and among the several states,”

Question 34

court cases related to the commerce clause

Answer 34

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.