Unit 3 Review - AP Government Flashcards
What is the Free Exercise Clause?
Congress shall make no law restricting free exercise of religion
Wisconsin v Yoder
Wisconsin law compelling Amish students to attend school past the 8th grade. Which goes against their (Amish) religious belief) - has to do with Free Exercise Clause
What is Establishment Clause?
No government can designate a religion as the offical state religion and no government can force people to engage in religious exercises.
Engel v Vitale
NY state government created a prayer to be read each day in public schools. Parents thought that violated the separation of church and state. Violated Establishment Clause - Violated Establishment Clause because government wrote the prayer, and the audience was too young (elementary school). The government had too much involvement in religion.
Tinker v Des Moines
Students were suspended for wearing black arms as a way to protest the Vietnam War. The students were told not to wear them. When they did, they were suspended. They sued saying that violated their freedom of speech. The speech is political and the school can’t punish because it didn’t disturb the school like the “Bong Hits for Jesus” banner did.
(Free Speech Clause of the First Amendment)
2ND Amendment
a well- regulated militia being necessary to the protection of a free state, the right of the people to bear arms shall not be infringed”
McDonald v Chicago
involved a handgun ban in Chicago.
*Constitutional Clause: 2nd Amendment applied to states through the Due Process Clause.
*Self defense and the right to bear arms = Fundamental Liberty
4th Amendment
protects against unreasonable searches and seizures
5th Amendment
Key protection is the protection vs. self-incrimination-leads to Miranda Rule (aka Miranda Rights): suspects must be read their rights when being questioned about a crime. “Right to remain silent…. Right to an Attorney……
6th Amendment
key protection is the right to a lawyer.
Gideon v Wainwright
require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own
8th Amendment
protects against excessive bail, fines and cruel and unusual punishment
9th Amendment
Reserved rights: rights that people have even though they are not listed in the Constitution- Right to Privacy is the most important.
Roe v Wade
Based on the right to privacy-extended that right to a right to abortion.
Dobbs vs Jackson Women’s Health Organization:
overturned Roe v Wade. The right to abortion is not a fundamental liberty
10th Amendment
powers not delegated to the national government nor denied to the states, are reserved to the states
14th Amendment
Due Process Clause and Equal Protection clause
Due Process Clause
no state shall deprive any person of life, liberty or property without due process of law
Equal Protection Clause
no state shall deny any person within its jurisdiction the equal protection of its laws
Selective incorporation
the process used by the Supreme Court of applying the Bill of Rights to the states.
15th amendment
gave Black males the right to vote
17th amendment
voters directly elect senators (prior to this amendment they were appointed by state governments)
19th amendment
gave women the right to vote
26th amendment
18 year olds get the right to vote
Voting Rights Act
outlawed racial discrimination in voting
Plessy v Ferguson
a landmark U.S. Supreme Court decision ruling that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that came to be known as “separate but equal”- Did not violate “Equal Protection Clause”
Brown v Board of Education
overturned “separate but equal doctrine:
ordered “swift desegregation” of the public school system: segregated schools were in violation of the 14th Amendment Equal Protection Clause-ended De Jure segregation in public schools-led to the civil rights movement
Affirmative Action
programs or policies implemented by government institutions and businesses that specifically help women and minority groups in the areas of education and employment
Civil Rights Act of 1964
Title VII of this law outlawed the use of sex discrimination in hiring, firing or pay related issues
Strict scrutiny
the highest form of judicial review that courts use to evaluate the constitutionality of laws, regulations or other governmental policies under legal challenge. ALMOST IMPOSSIBLE
What case created a middle ground-called “skeptical(intermediate) scrutiny: distinctions based on gender must be based on an “exceedingly persuasive justification?
U.S. v Virginia
Americans with Disabilities Act
is federal legislation passed in 1990 that prohibits discrimination against people with disabilities
Schenk v US
Schenck was charged with conspiracy to violate the Espionage Act of 1917 by attempting to cause insubordination in the military and to obstruct recruitment. (Freedom of Speech)
Constitutional Clause
Freedom of Speech Clause in the first Amendment
Mcdonald, Gideon, and Roe were cases that dealt with what clause?
Due Process Clause
