AP GOV UNIT THREE SCOTUS CASES AND AMENDMENTS Flashcards
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-Does the reading of nondenominational prayer in school violate the Establishment of Religion clause of the First Amendment?
-Case resulted in the ban of prayer in public schools.
Engel V. Vitale SCOTUS Case
-Amish Family refuses to send their child to school at the age of 16 which breaks federal law. This is appealed and it’s found that making Yoder’s son attend school violates his first amendment right to freely exercise religion.
Wisconsin V. Yoder.
A man protests the Vietnam War and encourages others to dodge the draft. He is arrested. The court upheld that his actions communicated a clear and present danger to the autonomy of the United States and interfered with the war effort so his First Amendment right of free speech was limited in this instance.
Shenk V. United States
Students protest the Vietnam War through arm bands that they wear to school. They do not disrupt the learning environment in any way but the school issues a complete ban on the armbands. The court’s primary holding states that the banning of the armbands violates the First Amendment right of the students to free speech as long as there is no disruption of the learning environment.
Tinker V. Des Moines
-Nixon attempted to silence the NYT newspaper when they attempted to publish an article that would expose the truth of the Vietnam War. It was ruled that this was unconstitutional and violated the 1st Amendment right of freedom of the press and freedom of speech rights of NYT. This established that keeping government information secure was not as important as maintaining the citizen’s first amendment rights of free speech.
NYT Co. V. United States
-Mormon man wants to have multiple wives but this is against the law. He attempts to claim that the free exercise of religion clause in the First Amendment would protect his rights to an otherwise valid law, but this is not the case. This court case weakened the first amendment rights of free exercise of religion for citizens.
Reynolds V. United States
-A native American lady denied unemployment benefits because she had been fired on drug charges. This lady claims that the drugs were used as part of a religious ritual that is sacred to native americans. The court upholds the ruling that she cannot receive any unemployment benefits because the First Amendment rights to free exercise of religion do not protect her from the punishment of an otherwise valid law.
Oregon V. Smith
A man’s cell phone is searched without a warrant and cell phone data is used to incriminate him and as evidence of prosecution. He believes this violates his 4th amendment right to security an unwarranted searches and seizures, but the courts uphold that the digital files from the cell phone company are not protected under the fourth amendment an are rather legally able to be searched. This decreases the power of the 4th amendment rights to security and privacy for citizens.
Carpenter V. United States.
An unwarranted search of a man’s home reveals evidence of lewd magazines that are then used as part of the prosecution against him. because the search was not conducted legally and abided buy the three conditions for a search, the man. 4th amendment right was violated and the evidence could not be sued for the trial. As a result, the strength of the 4th amendment rights that protect against unreasonable searchers and seizures was strengthened.
Mapp V. Ohio
A man arrested in Arizona is not warned of his constitutional 5th amendment rights of the accused, and this violates the 5th amendment rights of the accused. The courts ruled that the accused must knowingly waive their 5th Amendment rights upon interrogation otherwise evidence cannot be used in a court of law against the accused.
Miranda V. Arizona
Does the constitution recognize a woman’s right to an abortion during the first stages of her pregnancy? Court rules that a woman does have these rights under the 14th Amendment and the right to equal protection and privacy within the constitution.
Roe V. Wade
- Extreme Gun control laws limit the ability of Chicago citizens to exercise their 2nd amendment rights to bear arms. This is taken to the Supreme Court where the Chicago laws are found to unconstitutionally limit or violate the second amendment rights of citizens in Chicago. As a result, gun control laws are significantly less extreme in Chicago.
McDonald V. City of Chicago
-Do the rights of the accused to receive counsel also extend to any felony within the context of a court of law? The courts rule that the right to counsel for felony convicts is necessary to ensure and guarantee due process and fair treatment of the accused.
Gideon V. Wainwright
Does the 14th amendment of the constitution get violated in light of segregated schools as children are not treated equally under the law? Yes, the 14 amendment rights of black and white students are broken. under segregation laws, and as a result, segregation in schools is banned. This supreme court case opened the doors for various other cases during the civil rights movement.
Brown V. Board of Education
Is the 14th Amendment violated when a state refuses to issue a marriage license for same-sex couples or if they refuse to recognize a same-sex marriage license from a different state? The answer was yes, the equal protection clause of the 14th amendment states that all citizens must be treated equally, and in this case same-sex couples were not being treated equally so this essentially caused gay marriage to be legal in all 50 states.
Obergfell V. Hodges.
Freedom of speech, religion, press, petition, and assembly
FIrst Amendment
Right to Bear Arms
2nd Amendment
No quartering troops or forcing citizens to house military personnel during times of peace.
3rd Amendment
No unreasonable search or seizures.
4th Amendment
Property can only be searched if: There is a warrant, the citizen gives their permission, or there is probable cause, or immediate probable.
4th Amendment specifications for search and seizure of property.
Rights of the accused include the rights to private property, Miranda rights, and rights for due process (fair treatment). Also states that individuals may not be tried multiple times for the same crime. Protection from self-incrimination.
5th Amendment
This amendment Deals with criminal proceedings and gives the accused the right to a trial by an impartial jury, the right to a speedy trial, the right to counsel for felony offenses, and the right to be confronted with a witness or the charges listed against the accused.
6th Amendment
Civil Trial Rights. The right to a jury in a civil trial if the lawsuit exceeds 20 dollars and takes place in a federal court.
7th Amendment
No cruel or unusual punishment, no excessive bail or fines.
8th Amendment
Citizens have more rights than those expressly listed in the constitution. The government cannot limit the rights of citizens simply because they are not expressly stated in the constitution.
9th Amendment
Rights of the States: Any rights that are not outlined or claimed by the federal government fall to the states.
10th Amendment
Separation of the State and the Federal Courts. Federal courts cannot hear a case involving a citizen suing a state.
11th Amendment
Election of the president, and sets up the electoral college. Discloses the procedures that would be put in place in the event of a presidential election tie.
12th Amendment
Slavery is essentially outlawed across America and involuntary servitude is illegal.
13th Amendment
This amendment includes the equal protection clause and states that the government shall make no law the limits the rights or violates the rights of citizens on the basis of race, color, or yea.
14th Amendment.
This amendment indirectly gave african americans the right to vote as it outlawed voting discrimination based on race, color, or yea.
15th Amendment
Congress is granted the power to tax the incomes of the united states citizens.
16th Amendement.
Direct election of senators by the people is enacted.
17th Amendment
It become illegal to make, sell, import, export, or transport alcohol in any state in America. This is also known as the prohibition amendment.
18th Amendment
Equal rights for women and the suffrage amendment. Women are given the right to vote, women can not be discriminated against based on sex.
19th Amendment.
This Amendment moved inauguration day up to the month of January instead of march to allow for a more smooth transfer of political power.
20th Amendment
This amendment cancels out the 18th Amendment and repeals the prohibition on alcohol.
21st Amendment.
Sets a Term limit to the presidency to two terms. Known as 222 amendment.
22nd Amendment
Washington D.C. will always have the same number of electoral votes as the state in the U.S. with the smallest population.
23rd Amendment
this amendment to the constitution removed poll taxes for all voters.
24th amendment
This amendment established the order and policy for presidential succession in the event that the president died or became unfit to run the country.
25th Amendment
Lowers the minimum voting age for all Americans from 21 to 18 years of age.
26th Amendment.
This amendment states that congress members cannot pass policies to increase their wages that will go into effect in the same term they are serving.
27th Amendment.
