Gov unit 3 test Flashcards
Civil liberties
describes the freedoms protected by the constitution
Civil rights
the effort to ensure that all civil liberties are applied to all citizens without discrimination regardless of race, national origin, religion, or gender.
Second
Right to bear arms
Personal gun ownership became a problem
McDonald v Chicago
chicago citizens were required to register their guns, but the city made it very difficult to do so
The court ruled that the law violated the second amendment and through selective incorporation applied the right to individual gun ownership to the states.
Fifth
Rights related to due process, self incrimination, and double jeopardy (Miranda rights).
All parts of first amendment
including free exercise and establishment clause
Free speech: protected but limited (Tinker v. Des Moines, Schenck v. United States)
Free exercise clause: guarantees the freedom to practice religion (Wisconsin v. Yoder)
Establishment clause: prohibits government establishment of religion (Engel v. Vitale)
Freedom of the Press: Prior restraint is prohibited (New York Times v. United States)
Selective incorporation
Process by which the protections outlined in the bill of rights are applied to state governments (eg. Mcdonald v. Chicago, Gideon v. Wainwright)
Due process clause
Ensures that states follow fair procedures when depriving someone of life, liberty, or property (Miranda Rights, Gideon v. Wainwright)
Equal protection clause
Requires states to treat individuals equally under the law (Brown v. Board of Education)
The right to privacy
Unenumerated Rights: rights not explicitly stated in the Constitution, but inferred such as the right to privacy. The 9th amendment supports this.
The Civil Rights Act
Prohibits discrimination based on race, color, religion, sex, or national origin.
The Voting Rights Act
Aimed to overcome barriers to voting for African Americans, such as literacy tests.
Title IX
Ensures gender equality in education and sports.
Engel v. Vitale:
Establishment Clause – Prayer in public schools is unconstitutional.
Wisconsin v. Yoder:
Free Exercise Clause – Amish children’s right to not attend school beyond 8th grade.
Tinker v. Des Moines:
Free Speech – Students’ right to wear armbands protesting the Vietnam War.
Schenck v. United States:
Free Speech – Clear and present danger test established; speech advocating unlawful actions not protected.
New York Times v. United States:
Freedom of the Press – Prior restraint of publication not allowed.
McDonald v. Chicago:
Second Amendment – Right to bear arms incorporated to apply to the states.
Brown V. Board holding
Separating children in public schools on the basis of race was unconstitutional.
14th amendment
Protects citizen’s rights, including voting, equal protection, and due process.
The Fourteenth Amendment to the Constitution has been interpreted by the Supreme Court to
make most rights contained in the Bill of Rights applicable to the states
