Ap gov test 4 and 5 Flashcards
civil liberties
constitutional and other legal protections against gov actions; written in the bill of rights
bill of rights
1st ten amendments define basic liberties as freedom of speech, religion, press and guarantee defendants rights.
1st ammendment
protects 4 great liberties, freedome of speech, religion, of press and freedom of assembly
baron vs baltimore
supreme court case, holding bill of rights, restrained only national gov but not state and city assembly (states dont protect civil liberties)
14th amendment
adopted after civil war; “no state shall make or enforce any any law that shall thwart the privileges and immunities of citizens in the US. nor shall it deprive life, liberty and property, w/o due process of law, nor deny to any person within its juristriction the equal protection of the laws
giltow vs new york
supreme court case, holding the freedoms of press and speech are “fundemental personal rights” liberties protected by there due process clause in teh 14th ammendment by the states” as well as federally
due process clause
14th ammendment, guaranteeing people cannot deprived of life, liberty, or property by us or state gov without due process of law
incorporation doctrine
legal concept under which supreme court has nationalized bill of rights by making most of its provisions applicable to states through the 14th amendment
establishment clause
1st amendment; “congress shall make no laws respecting an establishment of religion”
free excercise clause
1st amendment; “prohibits gov from interfering w/ practice of religion”
Lemon vs kurtzman
supreme court case; aid to church related schools must have 1) secular legislative purpose 2) primary effect that neither advances nor prohibits religion 3) not foster excessive gov entanglement w/ religion
zelman vs simmons
supreme court case; upheld state program that provided vouchers that could help pay tuition at religious schools.
engel vs vitale
supreme court case; state offcials violated 1st amendment when they required tha prayer be recited by public school children
school district of Abington Pennsylvania vs schmepp
supreme court case; pennsylvania law requiring bible reading in schools violated the est. clause of 1st amendment
prior restraint
gov actions that that prevent material from being published, prior restraint is prohibited by 1st ammendment
near vs minnesota
supreme court case, first amendment protects newspaper from prior restraint
schneck vs us
supreme court case, conviction of socialist who had urged resistance to draft during world war 2. Holmes declared taht gov can limit speech is the speech provokes a ‘clear and present danger’
miller vs cali
supreme court case, community standard be used to determine whether material is obscene. 1) prurient intent (perverts liek it) 2)patently offensive 3) lacking in serious literary, artistic, political or scientific value
roth vs US
supreme court case, obscenity is not within that area of constitutionally protected speech or press
libel and slander
publication of false and malicious statements that may damage someone reputation; libel (written), slander (spoken)
new york time co. vs sullivan
supreme court case, to win damage suits for libel,, public figures prove that the defamatory statements about them were made w/ active malice and reduces disregard for truth. Private institutions have less standards then public figures for showing falsehood in statements
texas vs johnson
supreme court case, struck down law banning burning of flag, such actions was symbolic speech protected by 1st amendment
symbolic speech
nonverbal communication, (burning a. flag,, wearing armbands,) some symbolic speech is protect by the fist amendment
zurcher vs standford daily
supreme court case, search warrant could be applied to newspaper w/o necessary violating 1st amendment fright to freedom of speech
commerical speech
advertising which can be restriced more than many other types of speech
miami herald publish co. vs tornillo
supreme court case, state could not force newspaper to print replies from canidatedes it had criticized, case illustrates the limited power of gov to restrict print media
red lion broadcasting vs fed comm commisios
supreme court case, upheld restrictions on radio and televisions, court reassured that reg radio and tele broadcasting is justified bc there are only a limited # of broadcasting available
Ncaap vs alabama
supreme court case, right to assemble meant that alabama couldnt require NCAAp to reveal its mebership to them
mcdonalds vs chicago
supreme court case, extended 2nd amendment rights limits on restricting ind rights to bear arms to state and local gun control laws
probable cause
reasonable ground for believing person is guilty of crime, police must have probable cause to makes arrest
unreasonable search adn siezure
unconstitutional to obtaion evidence in a unlawful manner, police must have probable cause or search warrant in order to make legal and proper sear and siezure of incriminating evidence
search warrant
written authorization from court specifiying area to be searched and what police may search for
exclusionary rule
rule that evidence cannot be brought to trial if it was not obtained in a constitutional manner, rule prohibits use of evidence obtained through unreasonable search adn seizure
mapp vs ohio
supreme court case, 4th amendment protection against unresonable searches and seizures must b extended to states
5th amendment
desgined to protect rights of a person accused of crime; protection against double jeapordt, self incrimination, punishment w/o due process
self incrimination
being a witness agianst oneself;5th amendment forbids involuntary self incrimination
Miranda vs arizona
supreme court case, set guideline for police questioning and against self incrimination and to protect their right to counsel
6th amendment
designed to protect accused of crime, right to counsel, confront witnesses, right to a public and speedy trial
gideon vs wainwright
supreme court case, anyone accused of felon where imprisonment may be imposed has a right to a lawyer, gov has to provide one if too por to afford
plea bargaining
happens in 90% of cases, bargain between defendant and prosecuter that defandatn will plead guily to loser crime instead of being charged for seroud crime
8th amendment
forbids cruel and unusual punishment
cruel and unusual punishments
court sustains prohibited by 8th amendment
gregg vs georgia
supreme court case, death penalty as “extreme sanction, suitable to most extreme crimes”
mcclesky vs kemp
supreme court case, death penalty changed violated the 14th amendment bc minorties were more likely to receive it
right to privacy
right to private personal likfe free from intrusion of government. Not expicitly written in the consitituion
roe vs wade
supreme court case; texas state ban on abortions was unconstituional; forbade state control over abortions during 1st trimester, permited stae limit abortions to protect mothers health in 2nd trimester, to ban abortions in third trimester
planned parenthood vs casey
supreme court case, loosened standared for evaluation restrictions on abortion from one of “strictly scrutinity” of any restraints on a :fundemental right” to abortion to one in which regulations not impose an “undue burden” or worse
civil rights
policies designed to protect people against arbitrary and discriminatory treatment by gov officials or individuals
equal protection of laws
part of 14th amendment: emphasizes laws must provide equivalent protection to all people
the 3 standards of review
inherently suspect (difficult to meet), intermediate scrutiny (moderate difficult to meet), reasonableness (easy to meet)
dred scott vs sanford
supreme court case, slave who escaped to free state had no rights as a citizen and congress had no power to ban slavery in territories
13th amendment
ratified after civil war that forbade slavery and involuntary servitude
plessy vs ferguson
supreme court case, school segregation by saying Louisiana equal but separate accommodations for black and white was constitutional
brown vs board of education
supreme court case, school segregation is unconstitutional bc it violates 14th amendment about equal protections; the case that ended legal segreagation
civil rights act of 1964
law making racial discrimination in public illegal; forbade job discrimination; strengthened voting rights
sufferage
legal right to vote extended to POC and women
15th amendment
extended sufferage to POC
poll taxes
small taxes to give right to vote; use in southern states to exclude POC
white primary
primary election ehich excluded POc, supreme court declared this unconstituinal
voting rights act of 1965
law desgined ot end informal and formal barres to POC sufferage
hernandez vs texas
supreme court case, extended protection against discrimination to lations; allowed lations to be attournies and to be members of the jury
korematsu vs US
supreme court case, constituinal the incampment of 100000 japanese during world war 2; overturned in 2018
19th amendment
guarantees women right to vote in 1920
equal rights amendment
failed amendment, equality of rights under law shall not be denied or abdanged by us or any state on account of sex
reed vs reed
landmark supreme court case, first time upholding a claim of gender discrimination
craig vs boron
supreme court case, intermediate scrutiny standard for determining gender discrimination
american with disabillities act of 1990
required employers to make reasonable accommodations for people with disabilities prohibiting discrimination against these indv.
affirmative action
policy designed to give special attention for members of scene previously disadvantaged groups
regents of uc vs bakke
supreme court case, may weigh ethnic background as 1 element in admissions but cannot set ad=side places for members of certain groups
anaande construction vs Pena
supreme court case, unconstituinal for federal programs to classify people by race, even for good purposes
de jure
LAW is unconstitional (jim crow laws)
de facto
discrimination just happens (not intentional)
who is the poorest and most discriminated against minority
native americans
