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AP GOV > Lesson 5 > Flashcards

Lesson 5 Flashcards

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U.S. Government Basics flashcards AP® U.S. Government flashcards
1
Q

Bill of Rights

  • adopted
  • what it is
A
  • adopted in 1791

- stipulates rights of the people that government cannot take away

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2
Q

What are the two types of the bill of rights?

A

Substantive

Procedural

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3
Q

Substantive Right

A

Right of a citizen to do something free from a a particular degree of gov. restraint

Ex: right to bear arms, right to petition gov.

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4
Q

Procedural Right

A

Right by which the government will interact with him or her

Ex: right to trial by jury, right to confront an accuser

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5
Q

Civil liberties

A

Freedoms which cannot be abused or rescinded

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6
Q

Civil rights

A

Privileges that follow from the concept of equal protection under the law

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7
Q

What is the relationship between civil rights and liberties?

A

Every liberty is a right, but every right is not necessarily a liberty

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8
Q

Incorporation Doctrine

A

Judicial act of applying the Bill of Rights to the states

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9
Q

Barron v Baltimore(1833)

  • what it is
  • what it created
A

John Marshall ruled that the bill of rights restrain the national government, not the state governments

-created dual citizenship

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10
Q

Dual citizenship

A

Think of yourself as a citizen of your country and your state

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11
Q

14th amendment (1868)

A

Formally applied the bill of right to the states

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12
Q

What was the first application of the incorporation doctrine in?

A

Gitlow v. New York(1925)

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13
Q

Gitlow v. New York

  • who is Gitlow
  • explain the case
A
  • Gitlow: socialist that published a newsletter and was arrested
  • supreme court heard his case and he lost–> the fact that they didn’t immediately dismiss it means they applied the incorporation doctrine
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14
Q

What was the most aggressive application of the Incorporation Doctrine by?

A

The Warren court in the 1950s and 1960s

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15
Q

Establishment Clause

A

Government shall not establish an official religion

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16
Q

Free Exercise Clause

A

Government shall not prohibit citizens from freely exercising from their religious beliefs

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17
Q

The sum of Constitutional Law has created …

A

A “wall of separation” between government and religion(not referencing the constitution)

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18
Q

Engel v. Vitale (1962)

A

No nondenominational prayer in schools

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19
Q

Lemon v. Kurtzman (1971)

  • what it is
  • what it resulted in
A
  • No government aid to parochial schools

- Lemon Test

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20
Q

Parochial

A

Private school with religious mission

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21
Q

Lemon Test

A

A law is permissible if it…

1) is secular:non-religious
2) neither enhances or inhibits religion
3) avoids excessive entanglement of government with religion

22
Q

Lee v. Weisman (1992)

A

No clergy participation in school functions

23
Q

Schenk v. United States(1919)

A

When clear and present danger exists, speech can be limited

24
Q

Chaplinsky v. New Hampshire (1942)

A

Defined the meaning of fighting words

25
Q

Fighting words

A

Words/speech acts that are incitements to violence

26
Q

New York Times v. Sullivan (1964)

A

Defined what kinds of written words constitute libel

27
Q

Libel v. Slander

A

Libel: WRITTEN material that is malicious, recklessly false, and damaging to a persons reputation (if well known)
Slander: same as libel except SPOKEN

28
Q

New York Times v. United States(1971)

A

Decided that the newspaper could print the Pentagon Papers

29
Q

Pentagon Papers

A

Showed government lied about war in Vietnam

30
Q

Texas v. Johnson (1988)

A

Flag burning protected as a form of symbolic political speech

31
Q

Freedom of Assembly

A

The constitution protects the right to peaceably assemble and to petition the government

32
Q

Dejonge v. Oregon (1937)

A

Groups that promote political violence retain the right to peaceably assemble

33
Q

Dennis v. United States(1951)

A

Groups that advocate the forceful overthrow of the U.S. Government may not assemble for such purposes

34
Q

Yates v. United States (1957)

A

Groups that convene to promote the holding of a belief in political violence are protected, while those that meet to promote acting on the belief in political violence are not protected

35
Q

Brady Bill

A

Law passed by Congress in 1993 stipulating that states must place restrictions on handgun registration and institute mandatory waiting periods

36
Q

United States v. Heller(2008)

A

The 2nd amendment protects the right of an individual to keep and bear arms

37
Q

McDonald v. Chicago (2010)

A

The 2nd amendment applies to the states

38
Q

Right to Procedural Due Process

A

Amendments 5, 6, and 7 lay out the procedures that law enforcement and government officials must follow to protect the rights of persons accused of a crime

39
Q

Escobedo v. Illinois (1964)

A

Law enforcement officials must allow the accused to consult a lawyer following arrest

40
Q

Gideon v. Wainwright (1964)

A

The accused have the right to an attorney even if they cannot afford one

41
Q

Miranda v. Arizona (1966)

A

Law enforcement must advise an arrested person of their constitutional rights

42
Q

New York v. Quarles (1984)

A

When public safety is threatened, the miranda warning is not required

43
Q

Hamdi v. Rumsfeld(2004)

A

Enemy combatants held in the U.S. have due process rights

44
Q

Gregg v. Georgia(1976)

A

Reinstated the death penalty as a constitutional form of punishment under controlled and measured circumstances –states had to have plan approved by court

45
Q

Undefined rights

A

9, 10

46
Q

9th

A

“The enumeration in the Constitution, of certain rights, shall not be construed to deny…others retained by the people.”

47
Q

10th

A

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

48
Q

United States v. Lopez (1995)

A

states, not feds have power to enforce gun laws

49
Q

Printz v. United States (1997)

A

overturned part of Brady Bill on grounds of federal government overreach

50
Q

Gonzales v. Oregon (2006)

A

federal government could not block states from passing laws enabling assisted suicide

51
Q

National Federation of Independent Business v. Sibelius (2012)

A

Affordable Care Act upheld based on Congress’s power to tax

52
Q

Furman v. Georgia (1972)

A

Led to a moratorium on the death penalty in all states

AP GOV (19 decks)

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