H&L AP GOV Review UNIT 3

Civil Liberties

Protections from government action (e.g., free speech, privacy).

Civil Rights

Ensures equal treatment under the law (e.g., protection from discrimination).

Selective Incorporation

Applying the Bill of Rights to the states through the 14th Amendment’s Due Process Clause.

Judicial Review

The power of the Supreme Court to strike down laws as unconstitutional.

Exclusionary Rule

Illegally obtained evidence cannot be used in court.

Right to Privacy

Established through cases like Griswold v. Connecticut and Roe v. Wade, although not explicitly mentioned in the Constitution.

Equality of Opportunity

Everyone gets the same chance (merit-based).

Equality of Results

Policies ensure equal outcomes (e.g., affirmative action).

Schenck v. United States (1919)

Free speech can be limited if it creates a clear and present danger.

Gitlow v. New York (1925)

First case to apply selective incorporation regarding free speech.

Miranda v. Arizona (1966)

Required Miranda Rights to protect against self-incrimination.

Gideon v. Wainwright (1963)

Guaranteed a public attorney for criminal defendants who can’t afford one.

Tinker v. Des Moines (1969)

Students do not lose free speech in school; symbolic speech is protected.

Engel v. Vitale (1962)

No school-led prayer, violating the Establishment Clause.

New York Times v. U.S. (1971)

Government cannot stop newspapers from publishing unless it causes direct harm.

McDonald v. Chicago (2010)

The 2nd Amendment applies to states through selective incorporation.

Roe v. Wade (1973)

Legalized abortion under the right to privacy.

Plessy v. Ferguson (1896)

Established ‘separate but equal,’ allowing segregation.

Brown v. Board of Education (1954)

Overturned Plessy, ruling segregation unconstitutional in schools.

Civil Rights Act of 1964

Banned segregation in public places and discrimination in employment.

Voting Rights Act of 1965

Banned literacy tests and other restrictions targeting Black voters.

Title IX (1972)

Banned gender discrimination in education and school sports.

Letter from a Birmingham Jail (1963)

MLK’s argument for nonviolent protest and immediate action against segregation.

De Jure Segregation

Segregation by law (e.g., Jim Crow laws).

De Facto Segregation

Segregation by custom (e.g., neighborhoods).

Judicial Activism

Courts interpret laws based on modern times.

Stare Decisis

Courts follow past precedent (stick to old rulings).

Eminent Domain

The government can take private property for public use with fair compensation.

Search & Seizure (4th Amendment)

Warrants are required for searches, and illegally obtained evidence is excluded.

Bill of Attainder

Congress cannot pass a law that declares someone guilty without a trial.

Ex Post Facto Laws

Laws cannot be applied retroactively.

Supremacy Clause

Federal law is the highest law; states cannot override it.

Enumerated Powers

Powers explicitly granted to Congress in the Constitution.

Wisconsin v. Yoder (1972)

Amish families can remove children from school for religious reasons.

Dred Scott v. Sandford (1857)

Slaves were not citizens and couldn’t sue; overturned by the 14th Amendment.

Barron v. Baltimore (1833)

Bill of Rights didn’t apply to states; later changed by selective incorporation.

Furman v. Georgia (1972)

Temporarily halted the death penalty due to inconsistent application.

Equal Pay Act (1963)

Men & women must receive equal pay for the same work.

Faithful Execution Clause

President must enforce laws passed by Congress.

Writ of Habeas Corpus

Protects against unlawful imprisonment; people must be brought before a judge when arrested.

Writ of Certiorari

Supreme Court orders a lower court to send a case up for review.

Prior Restraint

Government cannot stop publication before it happens.

Pentagon Papers

Classified documents leaked to the press, leading to New York Times v. U.S.

Libel vs. Slander

Libel = written false statement; Slander = spoken false statement.

Civil Disobedience

Nonviolent protest against unjust laws.

Original Intent vs. Living Document

Originalists follow the Constitution’s original meaning; living documents are interpreted with modern values.