AP Government Unit 3 Study Guide Flashcards
what did the 14th amendment establish?
the equal protection clause and the due process clause.
What is the equal protection clause?
All states must provide equal protection under the law.
what is the due process clause?
The principle that people should receive fair treatment through the normal judicial system.
What are civil liberties?
Constitutionally established guarantees and freedoms that protect citizens and their opinions + property from government interference.
what are the bill of rights?
The 1st ten amendments to the constitution.
what do the bill of rights do?
-the bill of rights enumerates the liberties and rights of citizens.
-also protects citizens rights and liberties
How does the Supreme Court apply the bill of rights?
-uses the 14th amendment to apply the bill of rights to states
-equal protection clause + due process clause
what is the 1st amendment?
freedom of speech, press, religion, and the right to peacefully assemble + petition the govt.
what is the 2nd amendment?
the right to bear arms without infringement
what is the 3rd amendment?
prohibits the quartering of troops in citizens’ homes.
what is the 4th amendment?
provides the freedom against illegal search and seizures of peoples homes or property.
what is the 5th amendment?
-the right to a grand jury and just compensation from govt for land the govt wants for public use
-no “double jury”
what is the 6th amendment?
-the right to a speedy and public criminal trial
-the right to a lawyer
what is the 7th amendment?
the right to a jury trial
what is the 8th amendment?
-no cruel and unusual punishment
-no excessive fines or bail
what is the 9th amendment?
future rights not listed in the constitution belong to the people and not the govt.
what is the 10th amendment?
all powers not delegated to the federal govt are reserved for the state governments.
what two lines from the 1st amendment relate to the freedom of religion?
-establishment clause
-free exercise clause
what is the establishment clause?
the federal government can’t establish a national religion.
what is the free exercise clause?
the government can’t restrict citizens from participating in a religion.
Engle v Vitale?
A New York public school led students in school prayer. The Supreme Court ruled that this violated the establishment clause within the 1st amendment
Wisconsin y Yoder?
When Amish students were pulled out of school after 8th grade the state of Wisconsin made a law where kids had to go to school until at least age 16. The Supreme Court ruled this unconstitutional because it violated the free exercise clause.
Tinker v Des Moines?
High school students wear black arm bands to school, and the school orders them to stop. This violates the student’s 1st amendment right to free speech, and the court ruled that the students could wear black arm bands to school.
Schenk v United States
Socialists worked to prevent people from being drafted into World War l. This violates the 1st amendment and creates a clear and present danger to the United States. The court ruled against the socialists interfering with drafting.
New York Times V United States.
NY Times published articles exposing critical opinions about the Vietnam War. The government responded by establishing prior restraint. The court ruled that prior restraint was unconstitutional and violated the freedom of the press.
McDonald V Chicago.
The city of Chicago banned handguns and this violated the 2nd amendment, 14th amendment, due process clause, and privileges + immunities clause. The court ruled that Chicago can’t ban handguns.
What is the privileges + immunities clause?
rights in the spirit of the constitution
what are the freedom acts (2015)?
A modified version of the patriot act that placed limitations on metadata.
what is the Miranda rule?
Citizens have to be told their rights if they get arrested.
Gideon V Wainwright.
In Florida, Clarence Gideon was accused of stealing, and the state law wouldn’t pay for a lawyer in a case like this. This violated the 6th amendment and the due process clause under the 14th amendment. The court ruled that Gideons’ case be tried again with a lawyer.
what is selective incorporation?
The federal government incorporating the bill of rights to the states with the 14th amendment.
pure speech
citizens have the right to express opinions and beliefs
speech plus
citizens also have the right to protest, rally or march under the 1st amendment.
symbolic speech
Citizens have the right to express their opinions or beliefs symbolically.
LIBEl
printed lies about a person
What is the clear and present danger?
citizens’ free speech can’t present a “clear and present danger” to the United States.
prior restraint
The federal government censoring news before it reaches the public.
exclusionary rule
A law that prevents illegally claimed evidence from being collected.
Patriot Act (2001)
Act passed that gave the federal government more power to monitor people in the USA.
Public Safety Exemption
An exemption that allows unwarned interrogation.
Procedural Due Process
the way the government acts towards citizens is fair
Substantive Due Process
ideas and points of the law are fair and just
Right to counsel
How does the Supreme Court interpret the death penalty
The supreme court that execution of minors or people who are mentally handicapped is unconstitutional.
Right to privacy
citizens have the right to privacy under the national government.
Civil Rights Movement
civil rights movement is supported by the 14th amendment equal protection clause.
Women’s Right’s Movement
women’s right movement is supported by the 14th amendments equal protection clause.
Pro-Life Movement
the pro life movement is supported by the 14th amendments equal protection clause.
Civil Rights Act (1964)
Voting Rights Act (1965)
prohibited racial discrimination in voting.
Title IX (1972)
gave equal funding for women’s sports programs / academic programs in school receiving federal money
Affirmation Action
process of govt and private programs hiring from marginalized groups of people
Strict Scrutiny
legal discrimination that can only happen if necessary to achieve a compelling govt interest.
Colorblind Constitution
All people must be treated equally under the constitution, regardless of race.
