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AP Government and Politics > Unit 3 Flashcards (PART 1) > Flashcards

Unit 3 Flashcards (PART 1)

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1
Q

Civil Rights

A

protections for individuals from discrimination based on race, national origin, religion, sex, and other characteristics, ensuring equal treatment under the law.

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2
Q

Civil Liberties

A

fundamental rights and freedoms protected from infringement by the government
Protections citizens have against government action that takes away fundamental freedoms

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3
Q

Edward Snowden

A

leaked classified documents that exposed the NSA - some thin he’s good, others think he’s bad

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4
Q

Bill of Rights

A

a list of fundamental rights and freedoms that individuals process, The first ten amendments to the U.S. Constitution are referred to as the bill of rights.
Debated @ the constitutional convention

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5
Q

Federalist No. 84

A

Hamilton defended the need for a bill of rights

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6
Q

First Amendment

A

Protects freedom of religion, speech, the press, assembly, and petition

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7
Q

Second Amendment

A

The right to keep and bear arms

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8
Q

Third Amendment

A

No forced quartering of troops in homes

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9
Q

Fourth Amendment

A

Protects against unreasonable search and seizure and establishes the right to have warrants issued before an arrest or search

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10
Q

Fifth Amendment

A

Right to a grand jury indictment in ciminal cases, protection against double jeopary and self-incrimination, the right to due process of law, and the right to just compensation when private property is taken for public use.

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11
Q

Sixth Amendment

A

Protections during criminal prosecutions for a speedy and public trial by an impartial jury, the right to confront witnesses, the right to compel favorable witnesses to testify in one’s defense, and the right to the assistence of defense counsel.

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12
Q

Seventh Amendment

A

Right to a trial by jury in certain civil suits

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13
Q

Eighth Amendment

A

Protections against excessive bail, excessive fines, and cruel and unusual punishment.

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14
Q

Ninth Amendment

A

Protection of rights not listed in the Constitution

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15
Q

Tenth Amendment

A

Powers not delegated to the federal government nor prohibited by it to the states, are reserved to the states or to the people.

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16
Q

Gitlow v. New York

A

held that the First Amendment right to free speech is applicable against the states via the Fourteenth Amendment - SELECTIVE INCORPORATION and CLEAR AND PRESENT DANGER

1919 - left wing manifesto

Affirmed that there are restrictions on speech and of the press that are legitimate if such expression sufficiently threatens the public welfare.
Gitlow convicted, charged 5-10 years of prison.

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17
Q

Fourteenth Amendment

A

guarantees against the deprivation by any state of “life, liberty, or property without due process of law” - this is called the due process clause - the clause in the Fourteenth Amendment that restricts state governments fron denying citizens their life, liberty, or property without legal safeguards.

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18
Q

Due Process Clause

A

the clause in the Fourteenth Amendment that restricts state governments from denying citizens their life, liberty, or property without legal safeguards.

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19
Q

Selective Incorporation

A

the piecemeal process through which the Supreme Court has affirmed that almost all of the protections in the Bill of Rights also apply to state governments.

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20
Q

Establishment Clause

A

First Amendment protection against the government requiring citizens to join or support a religion

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21
Q

Free Exercise Clause

A

First Amerndment protection of the rights of individuals to exercise and express their religious beliefs .

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22
Q

Board of Education v. Allen (1968)

A

Taxpayer Funds and Private Religious Schools + establishment clause

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23
Q

Engel v. Vitale (1962) , Abington School District v. Schempp (1969)

A

Prayer in Public Schools + establishment clause

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24
Q

Current status of prayer in public schools

A

students can’t be directed to pray, but they can if they want to. + establishment clause

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25
Q

Lemon v. Kurtzman (1971)

A

Government Involvement with religion + establishment clause

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26
Q

Wisconsin v. Yoder + Free Exercise Clause

A

Under the free exercise clause, Americans can hold any religious beliefs. However, they are not always free to act on them. Amish stuff

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27
Q

Freedom of Expression

A

a fundamental right affirmed in the First Amendment to speak, publish, and protest.

One of the most difficult issues faced in courts is how to balance the needs of national security with the fundamental right of political expression

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28
Q

Espionage Act of 1917

A

passed during WWI - Among other things, this act makes it a crime to interfere with military recruiting.

29
Q

Schneck v. United States (1919)

A

Charles Schneck and Elizabeth Baer were convicted for producing/distributing antiwar leaflets discouraging young men from joining the military
This was because of the Espionage Act.

30
Q

Clear and Present Danger Test

A

legal standard that speech posing an immediate and serious thread to national security is not protected by the First Amendment

31
Q

Prior Restraint

A

the suppression of material prior to publication on the grounds that it might endanger national security.

32
Q

Symbolic Speech ( + which case?)

A

protected expression in the form of images, signs, and other symbols.
Protections are extended to these
Tinker v. Des Mones Independent Community School District (1969) - Armbands, convicted for them.

Morse v. Frederick (2007) - “BONG HITS 4 JESUS” poster

33
Q

Defamation / Libel and Slander

A

Libel - an untrue written statement that injures a person’s reputation
Slander - an untrue spoken expression that injures a person’s reputation
One can sue for libel and slander

34
Q

Restrictions on Free Speech

A

Defamation (Libel and Slander) ; Hate Speech ;
Obscenity and Pornography ; internet regulations ; Time, Peace, and Manner (some protests must have a permit)

35
Q

De Jonge v. Oregon (1937)

A

The final two rights of the First Amendmen are - the right to peaceably assemble and to petition the government
Less court cases about this

36
Q

More on the Second Amendment ( + a court case)

A

Hotly debated
5-4 decision - District of Columbia v. Heller (2008) - the court overturned a District of Comumbia ban on individual handgun ownership.

37
Q

Ex Post Facto Laws

A

laws criminalizing conduct that was legal at the time it occurred

38
Q

Bills of Attainder

A

a law passed by Congress punishing an individual without a trial

39
Q

Writ of Habeas Corpus

A

a document setting out reasons for an arrest or detention

40
Q

Procedural Due Process

A

a judicial standard requiring that fairness be applied to all individuals equally.

41
Q

Probable Cause

A

reasonable belief that a crime has been committed or that there is evidence of criminal activity

42
Q

Exclusionary rule

A

a rule that evidence obtained without a warrant is inadmissible in court
Established in Mapp v. Ohio (1961)

43
Q

Grand Jury

A

a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted on criminal charges and subsequently tried in court

44
Q

Double Jeopardy

A

protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction

45
Q

Miranda Rights

A

the right to remain silent and to have an attorney present during questioning: these rights must be given by police to individuals in custody suspected of criminal activity.

46
Q

Privacy rights

A

Privacy in the bedroom - In general, consenting adults have the right to keep their personal lives private from the govt.

The Supreme Court has extended the right of privacy to issues such as birth control, abortion, and sexuality - (think - roe v. wade)

47
Q

Griswold v. Connecticut (1965)

A

CONTRACEPTIVES + PRIVACY

the Supreme Court stated for the first time that the Constitution protects the right of privacy.

Overturned Connecticut law outlawing contraceptives.

48
Q

Lawrence v. Texas

A

the Court struck down a Texas sodomy law making sem-sex sexual conduct illegal.

49
Q

Why didn’t the Federalists originally like the BOR?

A

Many FEDERALISTS did not see the B.O.R. as necessary
Felt that checks and balances already limited gov action
Worried about a B.O.R. being used to limit future rights
Madison especially
Say govt. Cant start a religion, but they find a loophole
The more rules, the more loopholes.

50
Q

Why did Anti-Federalists want the BOR?

A

Anti-Federalists wanted it / created it
Wanted explicit language protecting civil liberties
Limit the actions and scope of a centralized government
Protect core [principles of American democracy

51
Q

Overview of the Bill of Rights

A

Amendments 1-3 protect the rights of individuals
Amendments 4-8 protect the rights of the accused (in legal system)
9th Amendment : Identifies the possibility of unenumerated rights
Madison writing this - basically said “this list is not an all-inclusive list - you may have other rights that aren’t written down’.
10th Amendment: Powers reserved for states (police powers)

52
Q

13th Amendment (Reconstruction Amendment)

A

Abolition of slavery (except for punishment of crime)
You can be a legal slave in our system if you are currently incarcerated
License plates are made by prisoners
Or in other states highway cleanup, hard labor, mining

53
Q

14th Amendment (Reconstruction Amendment)

A

Established rights of US citienship (states must follow))
Due process: Govt. proceedings must be fair
“Equal protections” of laws for all
THE MOST IMPORTANT AMENDMENT PERIOD.
For example - the first amendment just refers to CONGRESS not doing enforced religions - not the states. The 14th amendment says that it must apply to the STATES !

“born or naturalized in the United States,” including formerly enslaved people, and provided all citizens with “equal protection under the laws,”

54
Q

History of the First Amendment

A

“Congress shall make no law respecting an establisment of religion, or prohibiting the free exercise thereof…”
Eary first amendment only applied to the national legislature
Many states created and enforced religious laws (till the 14th Amendment)

55
Q

Free Exercise Clause

A

allows for citizens to pratcie religion as they choose

56
Q

Establishment Clause (2)

A

prevents government from favoring or endorsing a religion.

57
Q

Boe v Allen

A

Some taxpayer funds can go to parochial (religious) schools (BOE v Allen) - as long as you offer the taxpayer funds evenly to ALL schools

58
Q

US DOE Policy

A

Student may pray during non-instructional time
b/c it doesn’t inhibit eductation - if it was (like if we all got in a circle while Carroll was trying to teach) then he could break it up.

59
Q

Kennedy v Bremerton 2021

A

PA public school coach can kneel and pray on field w/ students after games

60
Q

Lemon Tests (came from the court case Lemon v Kurtzman)

A

Legislation must have secular purpose
Cannot advance or inhibit religion
Can’t create excessive/unneccesary entaglement between gov and religion

61
Q

1st Amendment 2

A

“Congress shall make no law… or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and to petition the Government”
Established an independent press who could hold the government accountable.

62
Q

Clear and Present Danger

A

Speech that is clear and present danger to national security is limited
Another example of “clear and present danger” - yelling “FIRE!” in the middle of a movie theatre when you KNOW there’s no fire and causing people to charge/stampede/panic and whatnot

Limits on speech which could counter war effors (encouraging mutiny)

63
Q

Prior Restraint 2

A

Government can prevent publication of material that endangers national security
Aka - can stop a newspaper from publishing classified documents

64
Q

Hate Speech Limits

A

Hate speech or offensive speech is not limited
Cannot encourage unlawful behavior if speech is likely to produce actions
Burning cross case - Supreme Court let them go bc they were like “wahhhh no”
Only if there’s clear and present danger

65
Q

2nd Amendment 2

A

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.”
Eventually interpreted to include gun ownership for personal protection. (DC v Heller)

66
Q

Limits on the 2nd Amendment

A

Courts recognize prohibitions for mentally ill, felons, or in sensitive places such as government buildings

67
Q

14th Amendment

A

“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States … “
Bill of rights used only to apply to the national government
Use of 14th Amendment can now limit state laws to recognize citizen rights

68
Q

Selective Incorportation

A

Porocess where SCOTUS applies national rights to limit states
Nearly all rights from BOR have been incorporated
Use of originalist ideas help to clarify what rights are deemed fundamental

AP Government and Politics (16 decks)

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