AP Gov topis 3/4

Establishment Clause:

Government cannot establish or officially promote a religion. (1st amendment)

Free Exercise Clause:

Protects people's practice of religion, subject to certain limits. (1st Amendment)

Symbolic Speech

Expressing an idea through actions or symbols, such as wearing an armband. (1st amendment)

Prior restraint

Government censorship that prevents speech or publication before it occurs. (1st Amendment)

2nd amendment

Protects the right to keep and bear arms. The Supreme Court has recognized an individual right to possess firearms for lawful purposes, including self-defense, while allowing some regulations.

Warrant

Judicial authorization for a search or arrest, generally based on probable cause. (4th amendment)

Probable cause

A reasonable basis to believe evidence of a crime will be found or a crime has occurred. (4th amendment)

Reasonable expectation of privacy:

Whether a person can reasonably expect privacy in a particular situation. (4th amendment)

Exclusionary rule

Illegally obtained evidence may be excluded from trial. (4th amendment)

Fruit of the poison tree

Evidence derived from an illegal search may also be excluded, subject to exceptions. (4th amendment)

Double jeapordy

Generally, being tried twice for the same offense by the same sovereign after jeopardy has attached. (5th)

Due process

Government must follow fair legal procedures. (5th)

Grand jury

Determines whether there is sufficient evidence to bring certain federal criminal charges. (5th)

Eminent domain

Government taking private property for public use, with just compensation.

6th amendment

Right to a speedy and public trial, an impartial jury, notice of charges, confronting witnesses, calling witnesses, and assistance of counsel (a lawyer).

8th amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments.

10th amendment

The federal government only has the powers the Constitution gives it. Anything it doesn't have the power to do is generally left to the states or the people.

Due process clause

States cannot deprive people of life, liberty, or property without due process of law.

Equal protection clause

tates must provide equal protection of the laws.

Selective incorporation

Applying specific Bill of Rights protections to state governments through the Fourteenth Amendment's Due Process Clause.

civil liberties

freedom FROM government interference

civil rights

equal treatment and protection under the law

McCulloch v. Maryland (1819) (lock the bank)

• Facts: Maryland taxed the national bank.

• Constitution: Necessary and Proper Clause; Supremacy Clause.

• Ruling: Congress can establish a national bank, and states cannot tax it in a way that interferes with valid federal operations.

United States v. Lopez (1995) (pez dispensers - dispense g*ns in school)

• Facts: A student brought a gun to school.

• Constitution: Commerce Clause.

• Ruling: Congress could not use the Commerce Clause to justify the federal Gun-Free School Zones Act as written.

Schenck v. United States (1919) (if im in prison a shank is a clear and present danger)

• Facts: ___ distributed leaflets opposing the World War I draft.

• Constitution: First Amendment, freedom of speech.

• Ruling at the time: The Court upheld his conviction using the “clear and present danger” standard.

• Important: That standard is no longer the controlling test for incitement. Modern doctrine generally asks whether speech is directed to inciting imminent lawless action and likely to produce it.

Tinker v. Des Moines (1969) (wears armbands)

• Facts: Students wore black armbands to protest the Vietnam War.

• Constitution: First Amendment, symbolic speech.

• Ruling: Students retain free-speech rights at school. Schools may restrict expression that materially and substantially disrupts school or invades others' rights.

Engel v. Vitale (1962) angel → religion (school sponsored prayer violates establishment clause)

• Facts: A public school in New York sponsored a voluntary, officially written prayer.

• Constitution: First Amendment, Establishment Clause.

• Ruling: Official school-sponsored prayer violated the Establishment Clause, even if it was voluntary and nondenominational.

Wisconsin v. Yoder (1972) (yodeling Amish)

• Facts: Amish parents objected to compulsory school attendance beyond eighth grade on religious grounds.

• Constitution: First Amendment, Free Exercise Clause.

• Ruling: Wisconsin could not force these Amish children to attend school until age 16 under the circumstances of this case.

New York Times Co. v. United States (1971) (can publish Pentagon)

• Facts: The New York Times and Washington Post published parts of the Pentagon Papers about U.S. involvement in Vietnam.

• Constitution: First Amendment, freedom of the press.

• Ruling: The government failed to meet the heavy burden required to justify prior restraint in this case.

Mapp v. Ohio (1961) (map of a house)

• Facts: Police obtained evidence during an unconstitutional search.

• Constitution: Fourth Amendment; Fourteenth Amendment incorporation.

• Ruling: The exclusionary rule applies to state criminal proceedings.

Gideon v. Wainwright (1963) (gideon get a lawyer)

• Facts: Clarence Gideon could not afford a lawyer and was denied appointed counsel in a Florida felony case.

• Constitution: Sixth Amendment; Fourteenth Amendment.

• Ruling: States must provide counsel to indigent defendants charged with serious crimes, including felonies.

Miranda v. Arizona (1966)

• Facts: A suspect confessed during police interrogation without being adequately informed of his rights.

• Constitution: Fifth Amendment privilege against self-incrimination; Sixth Amendment rights also relate to counsel at later stages.

• Ruling: Police must provide required Miranda warnings before custodial interrogation.

Brown v. Board of Education (1954)

• Facts: Black children challenged racial segregation in public schools.

• Constitution: Fourteenth Amendment, Equal Protection Clause.

• Ruling: Racial segregation in public schools is unconstitutional because separate educational facilities are inherently unequal.

• Impact: Rejected the Plessy v. Ferguson separate-but-equal doctrine in public education.

Plessy v. Ferguson (1896)

upheld racial segregation under the “separate but equal” doctrine.

Brown v. Board of Education (1954)

rejected that doctrine for public schools.

De jure segregation

Segregation imposed by law or official government policy.

De facto segregation

Segregation that exists in practice, without an explicit law requiring it.

Selective corporation

Applying Bill of Rights protections to state governments through the Fourteenth Amendment.

Disenfranchisement

Taking away or restricting people's ability to vote.