AP GOV - Final

Barren v Baltimore 1833

Barren v Baltimore 1833

• Prior to Incorporation Doctrine - states were not subject to Bill of Rights

• Destroyed Wharf not compensated

Gitlow v New York 1925

• Beginning of Incorporation Doctrine

• “Clear and Imminent” danger for restricting Free Speech

• Socialist Manifesto guy

Terry v Ohio 1968

• “Stop and Frisk” Doctrine

• Do not need probable cause to frisk on street from reasonable suspicion

California v Greenwood 1988

• Trash Case

• Expectation of Privacy - any place a reasonable person does not deem as private is not

Weeks v United States 1914

• Police search house w/ out warrant and find gambling evidence

• Formation of “exclusionary rule” - evidence obtained illegally cannot be used in a court of law

• Seizure of items without a warrant & probable cause illegal

Wolf v Colorado 1949

• Exclusionary Rule not applicable to state courts

• Encouraged states to follow, however

• Conspired to perform abortions

Mapp v Ohio 1961

• Search of home without a warrant - found obscene books

• States made subject to Exclusionary Rule

• Overturned Wolf v Colorado 1949

Nix v Williams 1984

• Missing girl confession w/ out lawyer present

• “Inevitable discovery” exception to Exclusionary Rule

• Illegally obtained evidence that would have been obtained regardless of legal methods can be used in court

Herring v United States 2009

• Cops thought there was a warrant (there wasn’t), found drugs on him

• Exclusionary Rule not applicable when in “Good Faith”

• Not due to law enforcement negligence

New Jersey v TLO 1985

• Girl caught smoking, principal searches purse

• Schools only need “Reasonable Suspicion” to search bags and students

• No warrant or probable cause needed

Stafford v Redding 2009

• Called into question extent of student searches (iBuprofen case)

• 1) Inception - reasonable suspicion related to scope

• 2) Vulnerability

• 3) Immediacy of Contraband

Miller v United States 1939

• Unregistered sawed-off shotgun

• 2nd Amendment does not protect possession of any and every firearm

• Ownership of firearms for the sake of efficiency or preserved militia protected

DC v Heller 2008

• DC ban on handguns

• Individual right to bear arms protected

• Handgun bans unconstitutional

• Reasonable times of self-defense

McDonald v Chicago 2010*

• Second Amendment applicable to states

• Right to defend oneself with a firearm

Kelo v New London 2005

• Taking private property for economic benefit is constitutional under the 5th Amendment

Dred Scott v Sanford 1857

• Slave taken into free state and then back

• Slaves are not citizens

• Slaves are not entitled to rights of the constitution

Plessy v Ferguson 1896

• Challenge segregation on trains

• “Separate but Equal” Doctrine

• Upheld segregation laws

Brown v Board of Education 1954*

• Overturned “Separate but Equal” Doctrine

Brown v Board of Education II 1955

• Overturning of separate but equal enforced

• Public schools required to desegregate with “deliberate speed”

Korematsu v United States 1944

• Held that Japanese internment camps were constitutional under the guise of national security

Reed v Reed 1971

• Son commits suicide - only men can be administrators

• Arbitrary gender-based discrimination unconstitutional

• 1st case of equal protection clause used for women

Tinker v Des Moines 1969*

• Armbands for Vietnam

• Student’s right to free speech protected so long as it does not cause substantial disruption

Loving v Virginia 1967

• Interracial couple married in DC - against Virginia laws

• Interracial marriage allowed

• Laws against interracial marriage unconstitutional

Boy Scouts v Dale 2000

• Gay employee not wanted b/c doesn’t align with Christian values

• Right to freedom of expressive association

• Discrimination based on sexuality allowed due to “aligning with values”

Obergefell v Hodges 2015

• State refused to recognize gay marriage on death certificate

• Same-sex right to marriage protected & recognized under 14th Amendment

Lawrence v Texas 2003

• Police barge in on charges of sodomy

• Invalidated sodomy laws

• Consensual, adult same-sex sex protected

Regents of California v Bakke 1978*

• Affirmative Action continued, but with limitations

• Race cannot be used to meet a quota, but can be a factor accounted for in diversity

Adarand v Pena 1995

• Government racial classifications subject to strict scrutiny (must serve compelling government interest)

• Government interest must be narrowly tailored

Michigan Cases (Gratz v Bollinger 2003 & Grutter v Bollinger 2003)

• Points given for race unconstitutional

• Using race as a factor in admissions process is consitutional

Furman v Georgia 1972

• Robbery accidental shooting

• Ruled that the death penalty, as applied, violated the Eighth Amendment's prohibition against cruel and unusual punishment.

• Temporarily stopped death penalty until states could prove it was no longer being used flippantly

North Carolina v Woodson 1976

• Drunk Store Robbery

• Death Penalty for First Degree Murder Unconstitutional

• Aggravating factors must be considered

Gregg v Georgia 1976

• Car Murder

• Reinstated the death penalty in the United States. Introduced the "guided discretion" approach, allowing states to create specific criteria for death penalty cases.

Roe v Wade 1973*

• Legalized abortion in the United States. Established a woman's constitutional right to privacy, which includes the right to terminate a pregnancy.

Connecticut v Griswold 1965

• Struck down a law banning the use of contraceptives. Established a right to privacy within marital relationships.

Planned Parenthood v Casey 1992

• Affirming the constitutional right to abortion. Established the "undue burden" standard, allowing states to regulate abortion as long as they don't create an "undue burden" on a woman's right to choose. Overturned parts of Roe v. Wade, but upheld the core principle of reproductive autonomy.

Dobbs v Jackson 2022

• Overturned Roe v Wade

Gideon v Wainwright 1963*

• Established the right to legal counsel for all individuals accused of a crime, even if they cannot afford one.

Escobedo v Illinois 1964

• Right to counsel during police interrogation. Defendant requested attorney, but was denied. Supreme Court held that denial violated 6th Amendment.

• Established the Escobedo rule for custodial interrogations.

Miranda v Arizona 1966

• Established the "Miranda rights." Requires police to inform suspects of their right to remain silent and have an attorney present during interrogation. Protects against self-incrimination.

Buckley v Valeo 1976

• Established campaign finance regulations. Ruled that limiting campaign spending is constitutional, but limiting campaign contributions is a violation of free speech.

Citizens United v FEC 2010*

• Allowed corporations and unions to spend unlimited money on political campaigns, under the protection of the First Amendment.

Indiana Democratic Party v Rokita + Crawford v Marion County Election Board

• ID Required to vote

Schenk v United States 1919*

• Upheld Espionage Act

• Freedom of Speech less in time of war

Abrams v United States 1919

• Pamphlets anti-World War 1

• Upheld Espionage Act even further

• “Clear and Present Danger”

Brandenburg v Ohio 1969

• KKK

• “Clear and Imminent Danger”

Yates v United States 1957

• Communist advocating overthrow of government

• Political speech does not equal incitement of violence

• Upheld “Clear and Present Danger”

Roth v United States 1957

• "Roth test" for obscenity

• Obscene if if appeals to those with excessive sexual interest or provides nothing to society

Miller v California 1973

• Obscene if lacks serious literary, artistic, political, or scientific value

• Miller Test

Texas v Johnson 1989

• Burning of flag is protected expression

• Speech Plus

United States v Eichman 1990

• Upheld Texas v Johnson

• Speech Plus

Snyder v Phelps 2011

• Military funeral case

• Speech made in public on a matter of public concern is free speech

Bethel v Fraser 1986

• Class president case

• Schools can discipline students for using lewd or indecent language during school-sponsored events, even if it is considered political speech

• Free speech in schools have limits

Morse v Frederick 2007

• Free Speech limited by encouraging illegal activity

• "Bong Hits 4 Jesus" banner held to be disruptive, not protected by the First Amendment.

Near v Minnesota 1931

• Established prior restraint limits on freedom of the press

• Government cannot censor or prohibit publication of information unless it poses a clear and present danger to national security. Protects the First Amendment rights of journalists and prevents government interference in free speech.

• Can punish after publication

New York Times v United States 1971*

• Established strict standard for prior restraint on publication, protecting freedom of the press.

• Pentagon Papers case

New York Times v Sullivan 1964

• MLK advertisement case

• Established the 'actual malice' standard for defamation of public officials. Protected freedom of speech and press under the First Amendment.

• Set a higher burden of proof for public figures to win defamation suits.

Hazelwood v Kuhlmeier 1988

• Divorce & Teen pregnancy school paper

• Allowed school officials to censor student-written articles in school-sponsored publications if they have reasonable educational justifications

Engle v Vitale 1962*

• State-sanctioned prayer in public schools unconstitutional under First Amendment’s Establishment Clause

Abington v Shempp 1963

• Ruling that mandatory Bible readings in public schools violated the First Amendment's Establishment Clause.

Epperson v Arkansas 1968

• Ruling that banned state laws prohibiting the teaching of evolution in public schools. Upheld the principle of separation of church and state.

Lemon v Kurtzman 1971

• Established the Lemon Test to determine the constitutionality of government aid to religious schools. The test requires that the government's action must have a secular purpose, should not advance or inhibit religion, and should not result in excessive entanglement between government and religion.

Wallace v Jaffree 1985

• Ruled Alabama's moment of silence law unconstitutional due to its religious intent.

Agostini v Felton 1997

• Allowed public funds to be used for educational services in religious schools, as long as it was part of a broader program and not solely for religious purposes.

Greece v Galloway 2014

• Ruled that town council's practice of opening meetings with prayer did not violate the Establishment Clause of the First Amendment

Burwell v Hobby Lobby 2014

• Allowed closely-held corporations to claim religious exemptions from certain healthcare provisions under the Affordable Care Act (providing birth control)

• Hobby Lobby proved legitimate needs of religion (close on Sunday)

Wisconsin v Yoder 1972*

• Ruled that Wisconsin's compulsory school attendance law violated the Free Exercise Clause of the First Amendment.

• Amish case (compelling public interest outweighed by legitimate needs of religion)

Employment Division of Oregon v Smith 1990

• Religious beliefs don't excuse individuals from following laws, even if it conflicts with their faith.

• Tripping at rehab facility case

Gonzales v UDV 2006

• Federal government cannot prohibit the use of hallucinogenic tea in religious ceremonies, under the Religious Freedom Restoration Act.

• Brazilian religion in NM case (compelling public interest outweighed by legitimate needs of religion)

Political Socialization

Process by which individuals acquire their political beliefs, attitudes, and values. It involves the influence of family, peers, education, media, and other social factors in shaping one's political outlook.

Political Efficacy

The belief in one's level of ability to influence political processes and bring about change through participation and engagement in the political system.

Political Ideology

A set of beliefs and values that shape one's views on social, economic, and political issues. It guides how individuals or groups understand and approach governance, power, and societal organization.

Political Culture

The shared beliefs, values, and attitudes that influence political behavior and shape the overall political system of a society. It reflects the norms and expectations regarding the role of government, citizens' participation, and the distribution of power within a country.

Public Policy

Laws, programs, legislation and any other forms of policy that influence the general public of the United States

Political Participation

Thel involvement of citizens in the political process, such as voting, protesting, and joining political organizations, to influence government decisions.

Formal Institutions

Established rules and regulations that govern social, economic, and political systems. They provide structure, enforce laws, and maintain order in society. Examples include government bodies, legal systems, and educational institutions.

Policymaking Institutions

Organizations or branches of government responsible for creating and implementing policies. Examples include the executive and legislative branches, as well as regulatory agencies. These institutions play a crucial role in shaping public policy and addressing societal issues.

Linkage Institutions

Institutions that connect citizens to the government and facilitate political participation, such as political parties, interest groups, media, and elections. They play a crucial role in shaping public opinion, influencing policy decisions, and providing avenues for individuals to express their concerns and preferences in a democratic society.

Pluralism

A political theory that recognizes diverse groups and their interests, advocating for the distribution of power and decision-making among multiple competing groups. It emphasizes the importance of a healthy competition and the ability of different groups to influence policy and shape society.

Hyperpluralism

A theory in political science that suggests excessive diversity of interest groups can lead to weakened government effectiveness and gridlock. Multiple groups or factions become so strong that the government cannot function effectively.

Class or Elite Theory

Power and influence are concentrated in the hands of a small, privileged group who make decisions and control resources. The masses have limited political participation and are subject to the decisions made by the elite (rich).

Neo-liberal

An economic and political ideology that promotes free-market capitalism, limited government intervention, and individual liberty. It advocates for deregulation, privatization, and reducing the role of the state in the economy. Neo-liberalism emphasizes the importance of competition, market efficiency, and globalization.

Neo-con

A political ideology characterized by advocating for strong foreign policy, support for free markets, and a belief in the spread of democracy through military intervention. (Anti-terrorism)

Social Conservative

A political ideology that emphasizes traditional values, moral principles, and social stability. Social conservatives often advocate for preserving traditional institutions, such as marriage and family, and resist social changes that challenge these values. They tend to support policies that promote religious freedom, pro-life stances, and limited government intervention in social issues.

Southern Democrat

Southern Democrats were known for their conservative views on issues like racial segregation and states' rights. They played a significant role in shaping the political landscape of the South during that time. Today they retain a more conservative stance on several issues compared to Northern Democrats.

Dixiecrat

Alternative term for Southern Democrats. Specific term for short-term political party formed in 1948 for Southern Democrats opposed to racial integration and civil rights.

New England Liberal

Refers to a political ideology prevalent in the New England region of the United States, characterized by progressive values, support for social welfare programs, and a focus on individual rights and civil liberties. New England Liberals often advocate for environmental conservation, gender equality, and accessible healthcare.

Blue Dog Democrat

A moderate or conservative member of the Democratic Party in the United States. They are known for their fiscally conservative and socially moderate positions.

Alien

A person who is not a U.S. citizen or national, including undocumented immigrants, residing in the United States. Aliens have varying legal statuses and may be authorized or unauthorized to live and work in the country.

Citizen

A member of a country who has legal rights and responsibilities, including voting and obeying laws. All persons born or naturalized in the United States.

Resident alien

A foreign individual who resides in a country legally but is not a citizen. They have legal permission to live and work in the country, but do not have the same rights and privileges as citizens (besides voting).

Enemy Combatant

A term used to classify individuals who are considered a threat to national security and are detained without trial or legal rights. Engages in hostilities for the opposing side of the United States in an armed conflict.

Refugee

A person who has been forced to leave their home country due to persecution, war, or violence. They seek safety and asylum in another country.

Jus Soli

A legal principle granting citizenship to individuals born within a country's territory, regardless of their parents' nationality.

Jus sanguinis

Citizenship by bloodline; nationality acquired through parent's nationality, regardless of place of birth.

Platform

A set of principles or goals that a political party or candidate supports and promotes. It outlines their stance on various issues and serves as a basis for their campaign and policy-making decisions. Platforms often cover topics such as the economy, social issues, healthcare, and foreign policy.

Plank

A specific proposal or position within a political party's platform that outlines their stance on a particular issue. They are often presented during conventions and used to attract voter support. “Plank” as a piece of political “platform”.

Nation

A politically organized territory, typically characterized by a common language, culture, and government, that exercises sovereignty and self-governance within its borders.

State

A political organization that exercises authority over a defined territory and its population, maintaining order, enforcing laws, and providing public services.

Country

A geographic area that is politically organized and is typically governed by a centralized government. It is inhabited by a group of people who share common culture, history, and language.

City-State

A sovereign state consisting of a city and its surrounding territory, functioning as an independent political entity.