unit 3 gov

12th grade ap government

1st amendment

freedom of religion, speech, press, assembly, and petition

2nd amendment

the right to keep and bear arms

1st amendment

freedom of religion, speech, press, assembly, and petition

2nd amendment

the right to keep and bear arms

3rd amendment

troops can not be quartered in homes during peacetime; can during war as prescribed by law

4th amendment

protection against unreasonable searches/seizures

5th amendment

grand jury, due process, right against self-incrimination, no double jeopardy, eminent domain

6th amendment

the right to counsel, trial by jury, right to confront witnesses, right to speedy trial, impartial jury

7th amendment

right to a jury in federal civil cases

8th amendment

protection against cruel and unusual punishment/excessive bail and excessive fines

9th amendment

protection of rights not listed in the constitution

10th amendment

reserved powers to the states

civil liberties

- protection from the government stated in the bill of rights

- due process clause

civil rights

- protections against discrimination (race, gender, sexuality, disability, age)

- equal protection clause

bill of rights

- purpose was to prevent the abuse of power by the federal government

- initially did not apply to states bc most states had their own bill of rights and ppl understood the bill of rights in the constitution was protection from the federal gov

barron v. baltimore (1833)

national bill of rights does not apply to the states

gitlow v. new york (1925)

- extended 1st amendment protections to the states

- magazine abt "overthrowing" the gov was a kind of speech that wasn't protected. supreme court rules that calling for the overthrow of gov was unconstitutional in this instance

- states would decide whether this is protected freedom of speech or not but now federal courts are getting involved and applying the national bill of rights

- 14th amendment interpreted broadly to mean that the federal courts could step in and ensure that states were not depriving its citizens of these things

14th amendment

- constitution prohibits any state from depriving "any person of life, liberty, or property without due process of law"

- led to the selective incorporation/application of the bill of rights

- due process clause

broad

- applies to more situations

- ex: due process clause

federal government

court expanded its role of protecting individual civil liberties

establishment clause and the free exercise clause

aspects of freedom of religion that the court looks at when deciding these cases

engel v. vitale (1962)

- new york allowed prayer at the beginning of each day. a group of parents sued claiming this went against the establishment clause. the supreme court agreed

- prayer in public schools by the school is state-sponsored prayer and against the establishment clause of the 1st amendment

- does not mean no prayer in school

- 1st amendment case

lemon v. kurtzman (1971)

- could pennsylvania repay parochial schools for secular subjects taught. this was a state program for public and private schools

- supreme court held that this type of aid to parochial schools constituted excessive gov entanglement with religion = unconstitutional

- lemon test: criteria for freedom of religion cases

- 1st amendment case

free exercise clause

freely exercise your religion

lemon test

- religion can be in public schools if

1. it was for a secular/nonreligious purpose (ex: christmas tree)

2. its effect was not to advance or inhibit religion

3. government/public school was not excessively entangled with religion

establishment clause

- prohibits the government from establishing or favoring a religion

- ensures the separation of church and state

establishment clause

- engel v. vitale

- lemon v. kurtzman

free exercise clause

- reynolds v. us

- wisconsin v. yoder

how court moved closer to accommodation concerning schools and religion

- schools can teach religion and have religious symbols for a secular purpose

- school facilities can be used for religious clubs if other clubs are also using facilities; school officials can only be sponsors

- students from public "failing schools" can attend parochial schools and have it paid for by public tax money

- students can express their religious faith in school

- students can pass out religious pamphlets

- students can pray in school

limiting free exercise of religion

- there are restrictions to protecting people's right to their religion (1st amendment)

- gov cannot limit free exercise of belief but may limit actions that goes against criminal law or public safety

reynolds v. united states (1879)

- supreme court did not allow polygamy to be practiced in the mormon church

- narrow interpretation of 1st amendment

wisconsin v. yoder (1972)

- law said students must attend school until 16, but the amish wanted their children to attend until 8th grade for religious reasons. the supreme court ruled in favor of the amish bc of free exercise of religion

- broad interpretation of 1st amendment

justice

often determined by weighing the importance of rights we have against each other

freedom of speech

- principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal action

- often means freedom of the press, freedom of expression (ex: clothing), symbolic speech (ex: flag burning)

speech not protected by the supreme court

- words that incite immediate violence or unlawful action

- true threats: meant to frighten/intimidate someone who now believes they will actually be hurt

- written lies, fraud, false advertising

- obscenity: child pornography

schenk v. united states (1919)

- they participated in antiwar activities which was against the law during the time. he lost bc his speech was not protected during a time of war

- established the "clear and present danger" test

- 1st amendment case

clear and present danger test

if a person says something that poses a clear and present danger to the people around them, their speech is not protected by the 1st amendment

brandenburg v. ohio (1969)

- ku klux klan rally and the leader gave a speech that was convicted for advocating violence. his speech ended up being protected

- modified clear and present danger test -> immediate violence or other unlawful action

- 1st amendment case

prior restraint

- the government censoring information or not allowing it to get to the public

- exception: serious national security issue

- do not want to give gov this power (stop gov censoring)

the new york times co v. united states (1971)

- prior restraint case

- someone sent classified war reports to magazine companies. the gov tried to block their publication, but the supreme court said it did not meet the standard of a national security exception

- 1st amendment case

libel (defamation lawsuits)

- public person: prove they lied and they knew they lied and its negatively affecting their reputation, tougher to prove which allows for criticism. criticism = healthier democracy

- private: prove just that they lied

tinker v. des moines (1969)

- they wore armbands to school to protest the vietnam war

- symbolic speech is protected at school as long as it does not disrupt the learning environment

- case serves as the precedent for student free speech rights at school

- 1st amendment case

texas v. johnson (1989)

- burning the flag is symbolic speech protected by the constitution

- 1st amendment case

mcdonald v. chicago (2010)

- they banned the ownership of hand guns to try to bring down violent crime in the city. some residents challenged the law

- court said that individuals do have a right to own a handgun and in this case they could not ban handguns

- court said "dangerous and unusual weapons" could be banned

- 2nd amendment case

exclusionary rule

- any evidence that is seized illegally is not admissible in court

- established by mapp v. ohio

mapp v. ohio (1961)

- police searched their house with a "warrant" and found pornographic material by her bed. no search warrant was introduced as evidence at her trial. the state considered the search legal

- supreme court determined search was illegal and trial was unfair and established the exclusionary rule

- 4th amendment case

"good faith" exception

- exception to the exclusionary rule

- if the police enter your home with a warrant and later find out it was defective, evidence obtained can still be admissible

times evidence can be obtained without a valid warrant

- when the police have probable cause that you're committing a crime

- when something is seen in plain sight or the person consents to a search

miranda v. arizona (1966)

- they signed a written confession during police questioning. during trial, no evidence was presented that they had been told that he did not have to talk to police or that he had the right to a lawyer

- supreme court found his right against self-incrimination was violated. authorities can't make a person be a witness against himself

- establishes the miranda warning

- 5th amendment case

miranda warning

- police must inform anyone arrested that they have a right against self-incrimination by reading them these rights

- they have a right to remain silent, any statements that they make can be used against them in court, they have a right to an attorney and if they can't afford one it will be provided by the court

gideon v. wainwright (1963)

- they were convicted of a felony and had to defend himself after being denied a request for free counsel

- supreme court held that the right to counsel is fundamental to a fair trial

- state failure to provide counsel for a defendant charged with a felony violated the due process clause of the 14th amendment -> protected the rights of accused criminals

- 1972: counsel was required for any defendant who would spend even one day in jail if found guilty

- 6th amendment case

roper v. simmons (2005)

- they, who was 17, murdered an older lady

- court held that if a minor is convicted of a capital crime they can not be executed. it is cruel and unusual punishment, a violation of the 8th amendment

- 8th amendment case

griswold v. connecticut (1965)

- struck down old state law that said birth control was illegal in state bc it was a right to privacy issue

- first to imply 9th amendment included the right to privacy

- 9th amendment case

roe v. wade (1973)

- they wanted to get an abortion in texas but it was illegal

- court ruled they had that constitutional right under the right of privacy implied in the 9th amendment

- established abortion was legal in the first three months

- 9th amendment case

dobbs v. jackson (2022)

- supreme court overturned roe v. wade by stating there is no right to an abortion in the constitution

- abortion rights fall on states now

- ambiguity whether there is a right to privacy in constitution now

usa patriot act of 2001

- right to detain foreigners suspected of terrorism for 7 days without charging them with a crime

- easier for authorities to listen to conversations and access online communications of suspected terrorists

- easier for authorities to order us banks to investigate sources of large foreign accounts

times of war or major crises

when are civil liberties more restricted

national security agency

handle electronic intelligence for our government and help to get information on suspected terrorists/criminals

LAPS test

- part of the criteria for determining obscenity

- not obscene if there's literary, artistic, scientific, or political value

what constitution says about slave trade

- allowed for 20 more years until 1808 and runaway slaves had to be returned to their master

- slave trade ended but slavery still continued

factors of north and south tensions

- expansion of slavery in west: what states can slavery exist

- uncle tom's cabin: attacked slavery injustices

- dred scott v. sanford

- abraham lincoln election

dred scott v. sanford (1957)

ruled slaves are not citizens but property

emancipation proclamation (1863)

lincoln granted freedom to slaves under the confederacy but did not apply to the border states in the union

13th amendment

abolished slavery

14th amendment

- granted african americans citizenship

- prohibited states from denying individuals "equal protection" and "due process"

- overturned dred scott

15th amendment

- americans can not be denied the right to vote based on race, color, or previously enslaved

- excluded women

civil rights act of 1875

- protect blacks against discrimination in public accommodations

- excluded private conduct bc equal protection clause only applied to the states (narrow interpretation)

voting with jim crow laws

- poll tax, literacy test, and the grandfather clause kept blacks from voting

- KKK beat up/kill african americans registering to vote

plessy v. ferguson (1896)

- bc races were separated did not mean one race was inferior to the other

- established "separate but equal doctrine"

de jure segregation

based on law

white primary

barred blacks from voting in primaries, which led to white dominance, bc blacks could not influence the candidates

president roosevelt

prohibited employment discrimination by defense contractors in WWII

president truman

ordered the desegregation of the armed forces by executive order in 1948

brown v. the board of education (1954)

struck down "separate but equal" from plessy v. ferguson by saying its inherently unequal

violation of equal protection clause

- following brown v. boe, integration occurred slowly

- if blacks could not use the same facilities as whites, it established a feeling of not belonging and therefore being inferior in their hearts and minds

swann v. mecklenburg (1971)

declared constitutional the busing of students to integrate schools in districts which had a history of de jure segregation

de facto segregation

based on living patterns

civil rights movement tactics

- bus boycotts

- sit-ins

- peaceful demonstrations that provoked police violence

- marches

civil rights act of 1964

- prohibited discrimination in public accommodations and employment

- withheld federal funds from state programs that discriminated on the basis of race

- included private conduct through interstate commerce

president johnson helping the passing of civil rights act of 1964

- growing public support for equal treatment of blacks

- kennedy's assassination: push for civil rights act began under his admin

- johnson's political skills as a legislator

voting rights act of 1965

- ended literacy tests

- promoted voter registration in areas with historically low turnout; federal authorities would monitor voter registration and monitor elections

24th amendment

- poll tax outlawed in state and federal elections

- led to increase in blacks being elected to government positions

chinese exclusion act (1882)

- prohibited all immigration from china

- first law implemented to prevent a specific ethnic group from immigrating to the us

civil liberties act of 1988

provided restitution to the japanese americans who were interned in the us during WWII

seneca falls convention (1848)

- beginning of the women's movement

- drafted the seneca falls declaration of the rights and sentiments

19th amendment (1920)

gave women the right to vote

national organization of women (NOW)

pushed for an equal rights amendment to the constitution but failed

scrutiny

how careful the examination is going to be by the court

strict scrutiny

- if people are treated differently because of race

- must be a compelling government objective to discriminate

intermediate scrutiny

- if people are treated differently because of gender

- must be an important government objective to discriminate

minimum/rationality scrutiny

- if people are treated differently because of age or wealth

- must be a rational government objective

title IX

- educational programs can not discriminate bc of gender

- sports programs must be equally offered to men and women in schools and their funding can not discriminate

americans with disabilities act (1990)

- bans disability discrimination in employment and promotion as long as the disabled person can perform a particular job with "reasonable accommodations"

- public transportation and accommodations must be made/designed so they are accessible

lawrence v. texas

- struck down state sodomy laws

- same sex couples had a right to their privacy

don't ask, don't tell

- policy with regard to gays serving in the military

- was repealed, gays can now openly serve

defense of marriage act (1996)

- declared marriage between a man and woman and therefore made it the case that states would not have to recognize gay marriage

- overruled by obergefell v. hodges

obergefell v. hodges (2015)

led to the legalization of gay marriage across the country

affirmative action

- correct the past effects of discrimination/economic hurdles

- purpose is to try to create a level playing field by offering some advantages when it comes to admission or hiring

regents v. bakke (1978)

- involved reverse discrimination

- held that race can be a factor, but not the only factor, when deciding admissions policy

- quotas are unconstitutional