Ap gov Rights Flashcards
14th Amendment
due process of law, EQUAL PROTECTION OF LAW, privileges, freed slaves are citizens
5th Amendment
Due process of law
Slaughter house cases
Made privileges and immunities clause obsolete
Procedural Due Process
Steps the gov must go through when they take away your rights
Substantive due process
Right to privacy
Griswold v CT
Supreme court “found” right to privacy, contraceptives
Penumbra Theory
How the court found privacy in Griswold v CT
Civil Liberties
Bill of rights protections
Civil Rights
14th Amendment, “equal protection of laws”
13th Amendment
No slavery
14th Amendment
Citizenship for freed slaves
15th Amendment
Right to vote for freed slaves
Barron v Baltimore
Bill of rights only applies to nat gov… starts incorporation
Incorporation
Making the bill of rights apply to states case by case
Chicago Burlington and Quincy RR v Chicago
Incorporates eminent domain / just compensation if gov damages your property
Gitlow v NY
Incorporated free speech
Cantwell v CT
Incorporated free exercise of religion
Everson v Board of Educatoin
Incorporated establishment clause
Roe v Wade
Women have right to choose, trimester system
Planned Parenthood v Casey
Restrictions on first trimester are ok unless they present an undue burden to womens right to abortion
Dobbs v Jackson
Overturns Roe v Wade, states can decide
Plessy v Ferguson
Seperate but equal segregation not unconstitutional
Brown v BoE
overturns Plessy v Ferguson
Bowers v Hardwick
Right to privacy not given to homosexuals
Lawrence v Texas
Reverses Bowers v Hardwick, equal privacy
Schenk v US
Clear and present danger prohibited in free speech
Dennis v US
Upheld Smith Act
Yates v US
Overturns Dennis v US
Brandenburg v Ohio
KKK, speech only punished if violence is likely or imminent
Unprotected speech
False advertising, offensive and useless, imminent violence
Fighting words doctrine
Offensive and useless speech can be banned
Near v Minnesota
Incorporates free press, no censorship
NYT v US
Pentagon papers can be published
Engel v Vitale
School prayer unconsitutional
Abbington School District v Schempp
Daily bible reading unconsitutional
Wallace v Jaffree
Daily moment of silence unconsitutional
Lynch v Donnelly
“santa clause test”
Lemon v Kurtzman
Lemon test - must have non-religious purpose, can’t help or hurt any religion, no excessive entanglement of gov and religion
Roth v US
Obscenity decided at national level, stuff is obscene if it “appeals to the pruient interest”
Miller v California
Obscene if it lacks serious artistic, political, literary, or scientific value
WV State Board of Ed v Barnette
Students can’t be forced to say pledge
Reynolds v US
Polygamy can be banned
Church of Lukumi Babalu Age v City of Hialeah
Animal Sacrifice can’t be banned
DC v Heller
Right to bear arms is individual
McDonald v Chicago
Incorporated 2nd Amendment, no more banning guns
Kelo v New London
Gov can take private property and give it to private companies
Swann v Charlotte-Mecklenburg County
Bussing can be forced to desegregate schools
Milliken v Bradley
Bussing only in areas with history of legal discrimination
De Jure Segregation
Segregation by law, not allowed
De Facto Segregation
Segregation by circumstance, allowed
Civil Rights Act of 1964
Bans discrimination in public places
Voting Rights Act of 1965
Ban poll taxes and literacy tests, registers black voters
Mapp v Ohio
Exclusionary rule, illegal evidence thrown out
