AP GOV UNIT 3

civil liberties

Personal freedoms protected FROM government interference (Bill of Rights protections)

civil rights

Equal treatment under the law

selective incorporation

Process by which the 14th Amendment's Due Process Clause applies most Bill of Rights protections to states. Began with Gitlow v. New York (1925)

establishment clause

1st Amendment clause prohibiting Congress from making any law respecting an establishment of religion. Government cannot favor or fund religion

free exercise clause

1st Amendment clause prohibiting government from interfering with religious practices

prior restraint

Government PREVENTING publication before it occurs. Typically unconstitutional. Near v. Minnesota established this precedent

exclusionary rule

Evidence obtained through illegal search and seizure cannot be used in court. Established by Mapp v. Ohio (1961)

procedural due process

Government must follow fair

affirmative action

Policies that take race

strict scrutiny

Highest level of judicial review. Used when a fundamental right or suspect classification is involved. Government must show a compelling interest and narrowly tailored law

penumbra doctrine

Rights not explicitly stated in the Constitution but implied by other rights. Example: right to privacy derived from 1st

clear and present danger

Test from Schenck v. US: speech that creates an immediate danger is not protected. Speech must be both immediate and dangerous to be restricted

equal protection clause

14th Amendment clause requiring states to treat all people equally under the law. Key to all civil rights cases

writ of habeas corpus

Legal order requiring that a person under arrest be brought before a judge. Protects against unlawful detention

substantive due process

Certain fundamental rights are protected from government interference regardless of the procedure used

1st Amendment

Protects freedom of speech

2nd Amendment

Right to keep and bear arms. McDonald v. Chicago incorporated it to the states via the 14th Amendment. DC v. Heller confirmed it as an individual right

4th Amendment

Protection against unreasonable searches and seizures. Warrants require probable cause. Mapp v. Ohio applied the exclusionary rule to states

5th Amendment

No self-incrimination

6th Amendment

Right to a speedy and public trial

8th Amendment

No cruel and unusual punishment. No excessive bail or fines. Three-strikes laws are challenged under this amendment using a proportionality argument

14th Amendment

Equal protection of the laws

Engel v. Vitale (1962)

1st Amendment Establishment Clause. New York authorized a voluntary nondenominational prayer in public schools. SCOTUS ruled it unconstitutional. Government cannot sponsor or encourage prayer in public schools even if it is voluntary

Wisconsin v. Yoder (1972)

1st Amendment Free Exercise Clause. Amish parents refused to send children to school after 8th grade on religious grounds. SCOTUS ruled the compulsory education law violated the Free Exercise Clause. Sincere religious belief can override neutral laws

Schenck v. US (1919)

1st Amendment Freedom of Speech. Schenck distributed anti-draft flyers during WWI. SCOTUS upheld his conviction. Speech that poses a clear and present danger is not protected

Tinker v. Des Moines (1969)

1st Amendment Freedom of Speech. Students wore black armbands to protest Vietnam and were suspended. SCOTUS ruled for the students. Schools cannot restrict student speech unless it causes a substantial disruption

New York Times v. United States (1971)

1st Amendment Freedom of Press. Nixon tried to stop the NYT from publishing the Pentagon Papers. SCOTUS ruled the government could not impose prior restraint. Publishing was allowed

McDonald v. Chicago (2010)

2nd Amendment via 14th Amendment. After DC v. Heller

Mapp v. Ohio (1961)

4th Amendment via 14th Amendment. Police illegally searched Mapp's home without a valid warrant. SCOTUS applied the exclusionary rule to the states. Evidence from unconstitutional searches cannot be used in court

Gideon v. Wainwright (1963)

6th Amendment via 14th Amendment. Gideon was denied appointed counsel in a Florida felony trial and convicted. SCOTUS ruled unanimously that states must provide attorneys to defendants who cannot afford one

Brown v. Board of Education (1954)

14th Amendment Equal Protection Clause. Black students were denied admission to white public schools under separate but equal. SCOTUS ruled segregated public schools are inherently unequal. Overturned Plessy v. Ferguson

Plessy v. Ferguson (1896)

14th Amendment Equal Protection Clause. Louisiana required separate railway cars by race. SCOTUS ruled separate but equal facilities do not violate the 14th Amendment. This was overturned by Brown v. Board in 1954

Shaw v. Reno (1993)

14th Amendment Equal Protection Clause. North Carolina created a majority-minority district using race as the dominant factor. SCOTUS ruled strict scrutiny must apply when race is the predominant factor in redistricting

Lynch v. Donnelly (1984)

1st Amendment Establishment Clause. Pawtucket Rhode Island sponsored a holiday display that included a nativity scene. SCOTUS ruled the display did not violate the Constitution because taken as a whole it did not endorse religio