Unit 3 AP Government

1st Amendment

freedom of religion, speech, press, assembly, petition

2nd Amendment

Right to bear arms

3rd Amendment

Bans quartering of soldiers

4th amendment

bans unreasonable searches and seizures

5th amendment

right to due process, no self-incrimination, no double jeopardy, grand jury

6th amendment

Right to a fair and speedy trial

7th amendment

right to jury trial in civil lawsuits

8th amendment

No cruel and unusual punishment

9th amendment

unenumerated rights of the people; government cannot infringe people's rights

10th amendment

Rights reserved to states or people

Establishment Clause

Government may not establish an official religion.

Free exercise clause

Protects individuals right to practice religion freely.

Engel v. Vitale

Year	Outcome	Principle
1962	School prayer unconstitutional	Establishment Clause

Wisconsin v. Yoder

Year	Outcome	Principle
1972	Amish exempt from compulsory schooling	Free Exercise

Tinker v. Des Moines

Year	Outcome	Principle
1969	Student speech protected	Symbolic speech

Schenck v. U.S.

Year	Outcome	Principle
1919	Speech may be limited	Clear and present danger

New York Times Co. v. U.S

Year	Outcome	Principle
1971	Prior restraint unconstitutional	Freedom of press

Limiting Speech

Speech may be limited if it threatens public safety (creates clear and present danger, slander, obscenity, libel, disrupts school learning, ).

Gregg v. Georgia

Year	Outcome	Principle
1976	Death penalty constitutional	Eighth Amendment: Cruel and unusual punishment

Selective Incorporation

Applying Bill of Rights protections to states via the 14th Amendment.

Due Process

Fair treatment under the law

Equal Protection

Laws must apply equally to all persons

McDonald v Chicago

Year	Outcome	Principle
2010	2nd Amendment applies to states	Selective incorporation 2nd amendment

Patriot Act

Year	Description	Principle
2001	Expanded surveillance powers	National security vs liberty

USA Freedoms Act

2015

Limited metadata collection

Privacy rights

Miranda v. Arizona

Year	Outcome	Principle
1966	Rights must be read	5th amendment 6th amendment

Gideon v Wainwright

Year	Outcome	Principle
1963	Right to an attorney	6th amendment

Exclusionary Rule

Evidence obtained illegally cannot be used in court.

The right to privacy is interpreted in the constitution….

Implied by the bill of rights (1st, 3rd, 4th, 5th, and 9th amendment)

Roe v. Wade

Year	Outcome	Principle
1973	Abortion protected	14th amendment

King’s “Letter from a Birmingham Jail”

Causes	Outcomes	Constitutional Principles
Segregation	Civil rights activism	14th amendment

National Organization of Women

Causes	Outcomes	Constitutional Principles
Gender inequality	Title lX, workplace equality	14th amendment

Pro-Life

Causes	Outcomes	Constitutional Principles
Moral Objections	State abortion laws	9th amendment

LGBTQ rights

Causes	Outcomes	Constitutional Principles
Discrimination	Marriage Equality	Equal protection clause

Plessy v. Ferguson

Year	Outcome	Principle
1896	Separate but equal	14th amendment

Jim Crow Laws

Year	Outcome	Principle
Late 1800s	Legal segregation	States rights

Brown v. Board

Year	Outcome	Principle
1954	Segregation unconstitutional	Equal protection clause

Civil Rights Act of 1964

Year	Outcome	Principle
1964	Ended segregation	Commerce Clause

Title IX of the Education Amendments Act of 1972

Year	Outcome	Principle
1972	Gender equality in education	Equal Protection

The Voting Rights Act of 1965

Year	Outcome	Principle
1965	Ended voting discrimination	Equal Protection  15th amendment

Affirmative Action causes

Historic discrimination and inequality.

Affirmative action outcomes

Expanded access to education and employment; later court rulings began limiting racial preferences.

Affirmative action principles

Equal protection clause

Civil Liberties

Freedoms that protect individuals from government interference.

Civil Rights

Protections against discrimination and unequal treatment.

Constitutional Amendments

can overturn Supreme Court decisions by changing the Constitution itself, which is the highest legal authority.

Judicial appointments and confirmations

The president nominates Supreme Court justices and the Senate confirms them, allowing the political branches to shape the Court’s ideological direction over time.

Example:

• President Reagan’s appointment of conservative justices shifted the Court rightward

• Recent confirmations have influenced decisions on abortion, voting rights, and gun regulation

The President evading/ignoring SCOTUS decisions

The president may delay, weaken, or refuse to enforce a Supreme Court ruling.

Example:

• President Andrew Jackson ignored Worcester v. Georgia (1832), allowing Georgia to continue policies against Native Americans

States evading/ignoring SCOTUS decisions

States may resist or delay compliance with Supreme Court rulings through legislative action or non-enforcement.

Example:

• Southern states resisted Brown v. Board of Education (1954) through “massive resistance” laws and delayed school desegregation

Congressional Acts

Congress can check the Supreme Court by limiting its appellate jurisdiction, changing the number of justices, and rewriting laws that the Court rules unconstitutional.
Example:

Congress limited the Court’s jurisdiction during Reconstruction in Ex parte McCardle (1869) and has changed the Court’s size multiple times.

Judicial Activism

Courts take an active role in shaping policy and protecting rights.

Judicial Restraint

Judges avoid overturning laws and follow the constitution closely.

Loose Constructionist

Interprets the Constitution flexibly; believes it evolves with society.

Strict Constructionist

Interprets the Constitution narrowly based on original intent.

Refusal to implement

The president or states may delay or resist enforcing Court decisions, weakening the Court’s authority.

Legislation

Congress can limit the Court’s jurisdiction or rewrite laws to address Court rulings.

Appointments

Presidents appoint new justices to influence future Court decisions.

Establishment of new precedents

Can change laws, expand or limit rights, and reflect the ideology of current justices.

Rejecting existing precedents

Can overturn long-standing decisions, causing political and public controversy.

Precedents

Past court decisions that guide future rulings.

Example: Plessy v. Ferguson (1896)

Stare decisis

The principle that courts should follow previous decisions to ensure consistency in the law. “Let the decision stand.”

Example: Planned Parenthood v. Casey (1992)

Supreme Court applied by upholding Roe v. Wade

Landmark Case

often establish important precedents or reinterpret the Constitution.

Example: Brown v. Board of Education (1954)

What is the main purpose of the judicial branch?

To protect the Supreme Court’s independence and use judicial review to interpret the Constitution.

Article III of the Constitution

Establishes the judicial branch, creates the Supreme Court, allows Congress to create lower courts, and gives judges life tenure.

Judicial Review

The power of the Supreme Court to declare laws or executive actions unconstitutional.

Federalist NO. 78 argued:

Judicial review is necessary to protect the Constitution, and the judiciary is the “least dangerous” branch because it only interprets laws.

Why is judicial independence important?

prevents political influence, allowing justices to make decisions based on the Constitution.

Marbury v. Madison

Year	Description and Outcome	Constitutional Principles
1803	Established judicial review after the Court struck down part of the Judiciary Act of 1789	Supremacy of the Constitution; judicial review

Why is judicial review important?

It prevents legislative/executive overreach and protects individual rights.

How does life tenure affect judges?

It ensures judges can decide cases without fear of political pressure.