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