Government & Citizenship Unit 4 Study Guide

This set of flashcards covers key concepts, cases, and legal principles related to Government and Citizenship, specifically from Chapters 13-15.

Originalism

The belief that the US Constitution should be interpreted as it was originally understood.

Living Constitution

The idea that the Constitution is a dynamic and evolving text.

Judicial Activism

Judicial rulings suspected of being based on personal or political considerations rather than law.

Relative Rights

Rights that can be adjusted in relation to other rights, allowing for a balance.

Absolute Rights

Rights that are considered unchangeable and universal.

Griswold v. Connecticut

A Supreme Court case that established a right to privacy regarding marital contraception.

9th Amendment

States that the enumeration of certain rights in the Constitution does not deny or disparage others retained by the people.

Roe v. Wade

A landmark decision that ruled on the legality of abortion, establishing a woman's right to choose.

Precedent

A legal case that establishes a principle or rule that is followed in future cases.

Dobbs v. Jackson Women's Health Organization

Supreme Court case that overturned Roe v. Wade, impacting abortion rights.

Bill of Rights

The first ten amendments to the US Constitution, guaranteeing individual rights.

Incorporation

The legal doctrine through which the Bill of Rights is applied to the states.

1st Amendment

Protects freedoms concerning religion, expression, assembly, and the right to petition.

Establishment Clause

Prohibits the government from establishing an official religion.

Lemon Test

A three-pronged test to determine if a law violates the Establishment Clause.

Prayer in Public Schools

The debate over the constitutionality of prayer in public school settings.

Free Exercise Clause

Protects individuals' rights to practice their religion as they please.

Sherbert Test

A test used to decide if the government burdened a person's ability to exercise their religion.

Compelling State Interest

A method for the government to justify a law that infringes on a constitutional right.

Types of Speech

Different categories of speech that have varying levels of protection under the First Amendment.

Regulation of Speech

The government's ability to restrict or regulate speech under certain conditions.

Schenck v. United States

Established the 'clear and present danger' test for limits on free speech.

Tinker v. Des Moines

A Supreme Court case recognizing students' rights to free speech in schools.

Clear and Present Danger

A standard to measure when speech can be limited based on its potential harm.

Bad Tendency Doctrine

Allows restriction on speech if it is believed to incite illegal activity.

Preferred Position Doctrine

Holds that free speech rights are fundamental and should be prioritized.

Unprotected Types of Speech

Categories of speech that are not protected by the First Amendment, such as obscenity.

Brandenburg v. Ohio

Supreme Court case protecting inflammatory speech unless it incites imminent lawless action.

Prior Restraint

Government action that prohibits speech or other expression before it can take place.

Gag Orders

A court order restricting information or commentary from being made public.

Limits on Freedom of Assembly

Restrictions the government can place on the right to assemble.

2nd Amendment

Protects the right of the people to keep and bear arms.

4th Amendment

Protects against unreasonable searches and seizures.

Probable Cause

The standard by which law enforcement has the grounds to obtain a warrant.

Situations in which a warrant is NOT needed

Circumstances where law enforcement can conduct searches without a warrant.

Exclusionary Rule

Prevents evidence obtained in violation of a person's constitutional rights from being used in court.

'Good Faith' Exception

Allows for the use of evidence obtained in violation of a person's rights if the law enforcement acted in good faith.

5th Amendment

Protects against self-incrimination and ensures due process.

Due Process

The legal requirement that the state must respect all legal rights owed to a person.

Double Jeopardy

A legal doctrine preventing a person from being tried twice for the same offense.

Self-Incrimination

The act of implicating oneself in a crime.

Teen Confessions

Confessions obtained from minors and the legal standards surrounding them.

Miranda v. Arizona

Established the requirement for police to inform individuals of their rights during arrest.

6th Amendment

Guarantees the right to a fair trial, an impartial jury, and legal representation.

Gideon v. Wainwright

A Supreme Court case establishing the right to counsel for defendants unable to afford an attorney.

8th Amendment

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

Furman v. Georgia

Ruled on the death penalty's application leading to its temporary suspension.

Gregg v. Georgia

Reinstated the death penalty, determining it did not violate the 8th Amendment.

Civil Rights

The rights of citizens to political and social freedom and equality.

Equal Protection Clause (14th Amendment)

Requires states to provide equal protection under the law to all people.

Protected Classes

Groups of people protected from discrimination under federal law.

Distinctions- when unreasonable?

Legal standards evaluating whether distinctions made by law are justifiable.

Brown v. Board of Education

Landmark Supreme Court case declaring racial segregation in public schools unconstitutional.

Plessy v. Ferguson

Supreme Court case that upheld racial segregation under the 'separate but equal' doctrine.

Civil Rights Act of 1964

Legislation prohibiting discrimination based on race, color, religion, sex, or national origin.

24th Amendment

Prohibits the use of poll taxes in federal elections.

Reed v. Reed and Reasonableness Standard

Supreme Court case that addressed gender discrimination in estate administration.

Title IX

Federal law prohibiting gender discrimination in education programs receiving federal assistance.

Obergefell v. Hodges

Supreme Court case that legalized same-sex marriage nationwide.

Affirmative Action

Policies aimed at increasing opportunities for historically marginalized groups.

Arguments for and against Affirmative Action

Debate over the merits and drawbacks of affirmative action policies.

Students for Fair Admissions v. Harvard

A legal challenge to affirmative action policies in college admissions.

Other supreme court cases NOT listed on test

Additional important cases that may provide context or background but are not on the exam.