Unit 3 Review - AP Government Flashcards

1
Q

What is the Free Exercise Clause?

A

Congress shall make no law restricting free exercise of religion

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2
Q

Wisconsin v Yoder

A

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

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3
Q

What is Establishment Clause?

A

No government can designate a religion as the offical state religion and no government can force people to engage in religious exercises.

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4
Q

Engel v Vitale

A

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.

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5
Q

Tinker v Des Moines

A

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)

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6
Q

2ND Amendment

A

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”

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7
Q

McDonald v Chicago

A

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

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8
Q

4th Amendment

A

protects against unreasonable searches and seizures

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9
Q

5th Amendment

A

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……

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10
Q

6th Amendment

A

key protection is the right to a lawyer.

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11
Q

Gideon v Wainwright

A

require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own

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12
Q

8th Amendment

A

protects against excessive bail, fines and cruel and unusual punishment

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13
Q

9th Amendment

A

Reserved rights: rights that people have even though they are not listed in the Constitution- Right to Privacy is the most important.

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14
Q

Roe v Wade

A

Based on the right to privacy-extended that right to a right to abortion.

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15
Q

Dobbs vs Jackson Women’s Health Organization:

A

overturned Roe v Wade. The right to abortion is not a fundamental liberty

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16
Q

10th Amendment

A

powers not delegated to the national government nor denied to the states, are reserved to the states

17
Q

14th Amendment

A

Due Process Clause and Equal Protection clause

18
Q

Due Process Clause

A

no state shall deprive any person of life, liberty or property without due process of law

19
Q

Equal Protection Clause

A

no state shall deny any person within its jurisdiction the equal protection of its laws

20
Q

Selective incorporation

A

the process used by the Supreme Court of applying the Bill of Rights to the states.

21
Q

15th amendment

A

gave Black males the right to vote

22
Q

17th amendment

A

voters directly elect senators (prior to this amendment they were appointed by state governments)

23
Q

19th amendment

A

gave women the right to vote

24
Q

26th amendment

A

18 year olds get the right to vote

25
Q

Voting Rights Act

A

outlawed racial discrimination in voting

26
Q

Plessy v Ferguson

A

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”

27
Q

Brown v Board of Education

A

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

28
Q

Affirmative Action

A

programs or policies implemented by government institutions and businesses that specifically help women and minority groups in the areas of education and employment

29
Q

Civil Rights Act of 1964

A

Title VII of this law outlawed the use of sex discrimination in hiring, firing or pay related issues

30
Q

Strict scrutiny

A

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

31
Q

What case created a middle ground-called “skeptical(intermediate) scrutiny: distinctions based on gender must be based on an “exceedingly persuasive justification?

A

U.S. v Virginia

32
Q

Americans with Disabilities Act

A

is federal legislation passed in 1990 that prohibits discrimination against people with disabilities

33
Q

Schenk v US

A

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)

34
Q

Constitutional Clause

A

Freedom of Speech Clause in the first Amendment

35
Q

Mcdonald, Gideon, and Roe were cases that dealt with what clause?

A

Due Process Clause