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AP Gov > Unit 3 Test > Flashcards

Unit 3 Test Flashcards

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1
Q

What are civil liberties?

A

Freedoms guaranteed by the BOR

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2
Q

What is the Bill of Rights?

A

The first 10 Amendments of the Constitution

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3
Q

What does the Bill of Rights do?

A

Limits the power of the government to protect individual freedoms and liberties

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4
Q

What do civil liberties do?

A

Protects us against abuse from the government to protect individual freedoms and liberties

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5
Q

What are civil rights?

A

Rights that guarantee freedom of equality for any race, gender, or other demographic group

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6
Q

What are individual rights?

A

Constitutional rights protected by the law

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7
Q

What does the First Amendment Protect?

A

Religion, speech, the press, expression, assembly, and petition

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8
Q

What are the important cases of the First Amendment Freedom of Religion

A

Engel v Vitale / Wisconsin v Yoder

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9
Q

Engel v Vitale (1962)

A

○ Group of Jewish families sued a NY school district for having a prayer in
the morning
○ Supreme Court ruled that prayer violated the establishment clause

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10
Q

Wisconsin v Yoder (1972)

A

○ An Amish family sued Wisconsin for requiring them to pay a fine for not
sending their children to school after the eighth grade
○ Supreme Court ruled in favor of the family saying that they were protected
under the First Amendment free exercise clause

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11
Q

What does the First Amendment Freedom of Religion do

A

○ Prevents the government from establishing a religion
○ Government cannot prevent an individual from practicing their
faith/religion

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12
Q

What does the Establishment Clause do?

A

○ Government cannot support an official religion
○ Government cannot force an individual to follow a religion
○ Promotes separation of church and state

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13
Q

What does the Free Exercise Clause say?

A

○ Government cannot interfere w/ an individual’s religion or its practices
■ Limitations include polygamy, drug use, etc.

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14
Q

What is the Lemon Test?

A

A test to determine if a law violates the establishment clause

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15
Q

What is the criteria to pass the Lemon Test?

A

■ Has a legitimate secular purpose
■ Does not advance or inhibit religion
■ Does not have “excessive entanglement” with religion

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16
Q

What are important cases of the First Amendment Freedom of Speech.

A

Tinker v. Des Moines Independent Community School District (1969) / Schenck v. United States (1919)

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17
Q

Tinker v. Des Moines Independent Community School District (1969)

A

○ Students were suspended for wearing black armbands in protest of the
Vietnam War
○ Supreme Court ruled that armbands were a form of symbolic speech
■ Protected under the first amendment

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18
Q

Schenck v. United States (1919)

A

○ During WWI, a man was arrested for handing out a flier that urged men to
resist the draft and not enlist
○ Arrested under the Espionage Act of 1917
■ Schenck argued that his arrest violated his freedom of Speech
○ Supreme Court ruled against Schenck, stating that speech inciting “clear
and present danger” was not protected by the first amendment

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19
Q

What does the First Amendment Freedom of Expression guarantee

A

Freedom to speech and nonverbal symbolic speech

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20
Q

What does the principle of Clear and Present Danger mean

A

Government can only restrict/ punish speech that incites lawless action

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21
Q

What is symbolic speech

A

=Nonverbal forms of speech (ie. signs, symbolic protest (burning the American flag)

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22
Q

What is hate speech

A

Written or spoken speech that degrades a group based on its characteristics

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23
Q

What is obscenity

A

Lewd o/ sexual publication that lack literary or artistic merit

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24
Q

Defamation definition

A

Damaging one’s reputation by making false statement

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25
Q

What is the Espionage Act (1917)

A

Banned opposition to US operation or supporting US enemies during wartime

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26
Q

What is an importnant case in the First Amendment Freedom of the Press?

A

New York Times Co. v. United States (1971)

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27
Q

New York Times Co. v. United States (1971)

A

○ Government attempted to prevent the New York Times from publishing
the pentagon papers
○ Supreme Court ruled that the New York Times were protected by the First
Amendment Freedom of the Press

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28
Q

What is Freedom of the Press?

A

Right to publish/ disperse information or opinions without government
censorship

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29
Q

What is libel?

A

Damaging an individual’s reputation by printing false statements

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30
Q

What are the Pentagon Papers?

A

○ Top-secret document leaked to the New York Times
○ Discussed US military involvement in Vietnam
■ Proved President Lyndon B. Johnson lied to Congress and the
people about the extent of the Vietnam War

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31
Q

What is prior restraint?

A

○ Government’s attempt suppress harmful information before publication
■ Typically, courts will declare government attempts as
unconstitutional

32
Q

What are important cases in the Second Amendment Right to Bear Arms?

A

District of Columbia v. Heller (2008) / McDonald v. Chicago (2010)

33
Q

District of Columbia v. Heller (2008)

A

Granted individuals the right to own handguns in their homes in D.C.

34
Q

McDonald v. Chicago (2010)

A

○ McDonald wanted to purchase a handgun but was barred by Chicago’s
handgun regulation
○ McDonald argued that restrictions violated the due process clause
○ Supreme Court ruled in favor of McDonald
■ Stopped gun control laws in Chicago

35
Q

What is the Second Amendment?

A

Right to bear arms (own weapons)

36
Q

What is selective incorporation?

A

○ Based on the due process clause
○ Process of applying the protections from the Bill of Rights into state law
○ States cannot pass law that violate constitutional rights

37
Q

What Amendments deal with balancing individual freedom with public order and safety?

A

Fourth and Eighth

38
Q

What is the Fourth Amendment?

A

-Protects against unreasonable search and seizures
■ Requires probable cause

39
Q

What is the eighth amendment?

A

Protects against cruel and unusual punishment, as well as excessive bail
and fines

40
Q

What is the Rule of Law?

A

○ No one individual is above the law, including the government
○ Every citizen follows the same law

41
Q

What are important cases of Selective Incorporations?

A

Gideon v Wainwright (1963) / Roe v Wade (1973)

42
Q

Gideon v. Wainwright (1963)

A

○ Supreme Court incorporated the sixth amendment (right to legal counsel)
to the state level
○ States must provide counsel to defendant’s that cannot afford one

43
Q

Roe v Wade (1973)

A

○ Roe wanted to obtain an abortion in Texas but could not do so legally or
safely
○ Supreme Court ruled that a woman’s choice to terminate pregnancy during
the first trimester was her right under the right to privacy
■ Incorporated to all states
■ Made it unconstitutional for a state to criminalize abortion

44
Q

What does the fourteenth amendment guarantee?

A

○ All people born or naturalized in the US are citizens of the US and the
state they reside in
○ Explicitly guaranteed selective incorporation
■ Before this amendment protections were only explicitly guaranteed
on a federal level

45
Q

What is Due Process?

A

-Government (state or federal) must respect all legal rights of an individual
■ Protected federally by the fifth amendment and at the state level
by the fourteenth amendment

46
Q

What are fundamental rights?

A

○ Rights guaranteed by the Bill of Rights and interpretations by the Supreme
Court
○ Respected by both federal and state government

47
Q

What are important cases in Due Process and the Rights of the Accused?

A

Miranda v. Arizona (1966) / Gideon v. Wainwright (1963)

48
Q

Miranda v. Arizona (1966)

A

○ Ernesto Miranda confessed to kidnapping and rape
○ Under the fourteenth amendment Miranda was deprived of his right to
due process by not informing him of his right to remain silent
○ Established the Miranda rights

49
Q

Gideon v. Wainwright (1963)

A

-Supreme Court incorporated the sixth amendment (right to legal counsel)
to the state level
-States must provide counsel to defendant’s that cannot afford one

50
Q

Due Process Clause

A

Due Process Clause
○ Prevents federal and state government from denying one’s right to “life, liberty, and justice” without respecting an individual’s legal rights or
following proper procedures

51
Q

What are Miranda Rights?

A

○ Requirement that law enforcement must inform an individual subject to
interrogation their right to remain silent
■ Protects against self-incrimination

52
Q

What is the public safety exception?

A

An exception to the Miranda Rights is if the information provided
during an unwarned interrogation relates to public safety

53
Q

What are the rights of the accused under the 6th amendment?

A

○ Right to an attorney
○ Right to a speedy and public trial
○ Right to an impartial jury

54
Q

What is exclusionary rule?

A

○ Evidence found illegally during an illegal search and seizure cannot be
used against a defendant during their trial

55
Q

What are important cases in Due Process and the Rights to Privacy

A

Roe v. Wade (1973) / Griswold v Connecticut (1965)

56
Q

Roe v. Wade (1973)

A

Roe v. Wade (1973)
○ Roe wanted to obtain an abortion in Texas but could not do so legally or
safely
○ Supreme Court ruled that a woman’s choice to terminate pregnancy during
the first trimester was her right under the right to privacy
■ Incorporated to all states
■ Made it unconstitutional for a state to criminalize abortion

57
Q

Griswold v Connecticut (1965)

A

○ Guarantees married couples the right to purchase contraceptives without
government interference
■ Right to privacy
○ First, third, fourth, fifth, ninth, and fourteenth amendment implicitly
guarantee the right to privacy

58
Q

What is the Right to Privacy?

A

Right to be free of government scrutiny against an individual’s behaviors
or beliefs

59
Q

What is the “Penumbra” of Privacy

A

○ “Partial Shadow”
○ First, third, fourth, fifth, ninth, and fourteenth amendment implicitly
guarantee the right to privacy
○ Right to privacy is never explicitly stated in the Constitution

60
Q

Letter from a Birmingham Jail (1963)

A

○ Written by Martin Luther King Jr.
○ MLK was held in Birmingham, AL for protesting segregation
○ The letter discussed his hope to incorporate nonviolent protest to combat
segregation in the South
○ “one has a moral responsibility to disobey unjust laws”

61
Q

What is the Equal Protection Clause?

A

○ Clause of the fourteenth amendment
○ No state shall “deprive any person of life, liberty, or property without due
process of law”

62
Q

Examples of Social Movements

A

○ Civil Rights
○ Women’s Rights
○ LGBTQ Rights

63
Q

What case involved Government Responses to Social Movement?

A

Brown v. Board of Education (1954)

64
Q

Brown v. Board of Education (1954)

A

○ A group of African-American sent their children to a segregated
elementary school
○ With the help of Thurgood Marshall they argued that segregated schools
violated the fourteenth amendment’s equal protection clause
○ Ruled that separate was NOT equal
■ Reversed “separate but equal” ruling of Plessy v. Ferguson

65
Q

Civil Rights Act of 1964

A

Legislation preventing discrimination due to:
■ Race
■ Skin color
■ National origin
■ Religion
■ Sex

66
Q

Title IX

A

○ Prevents schools and educational institutions from receiving federal
funding from discriminating against female

67
Q

Voting Rights Act of 1965

A

○ Legislation that made it easier for African-Americans to vote
○ Prevented discrimination in voting
○ Broke down barriers such as the poll tax

68
Q

What was an important case in Balancing Minority and Majority Rights

A

Shaw v. Reno (1993)

69
Q

Shaw v. Reno (1993)

A

Shaw v. Reno (1993)
○ North Carolina’s reapportionment plan created only one-black majority
district
■ A second proposal included two-black majority districts
○ North Carolina residents argued the constitutionality of the districts
○ Supreme Court ruled that redistricting must be race-conscious and comply
w/ the Voting Rights Act (1965)
■ Redistricting must be under “strict scrutiny” to comply with the
equal protection clause

70
Q

“Separate but Equal” Doctrine

A

During Plessy v. Ferguson the Supreme Court ruled that segregated
facilities did not violate the fourteenth amendment’s equal protection
clause

71
Q

Majority-Minority Districts

A

○ District with boundaries that allow for a majority of the voters come from
one minority group
○ Ensures minority groups representation

72
Q

Voting Rights Act of 1965

A

○ Legislation that made it easier for African-Americans to vote
○ Prevented discrimination in voting
○ Broke down barriers such as the poll tax

73
Q

Important case in Affirmative Action?

A

Regents of the University of California v. Bakke (1978)

74
Q

Regents of the University of California v. Bakke (1978)

A

○ Supreme Court ruled that quotas could not be used to increase minority
enrollment
○ Opponents of affirmative action consider it “reverse racism”
■ Believe that affirmative action takes opportunities away from
white individuals

75
Q

Affirmative Action

A

○ Programs and attempts to provide minority and underrepresented groups
opportunities
■ Typically, educational or employment opportunities

76
Q

“Colorblind” Constitution

A

Belief that Constitution protects all races equally

77
Q

Equal Protection Clause

A

○ Clause of the fourteenth amendment
○ No state shall “deprive any person of life, liberty, or property without due
process of law”

AP Gov (15 decks)

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