AP Government Unit 3

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

Due Process Clause

Established rules and regulations that restrain people in government who exercise power. This clause in the 14th Amendment began the process of incorporation

Equal Protection Clause

Clause in the 14th Amendment that forbids any state to deny any person within its jurisdiction the equal protection of the laws. By interpretation, the 5th Amendment imposes the same limitation on the national government. This clause is the major constitutional restraint on the power of government to discriminate against persons because of race, national origin, or sex.

Selective Incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

1st Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Texas V. Johnson

Flag burning was protected form of speech.

Regents of the University of California v. Bakke

Race can be taken into account as a factor in admission decisions. Quotas not ok

Mapp v. Ohio

a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used

Griswold v. Connecticut

Supreme Court ruled that the Constitution, through the Bill of Rights, implies a fundamental right to privacy.

Engel v. Vitale

No state sponsored, recited prayer in public school.

Lemon v. Kurtzman

The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

Gitlow v. New York

a decision by the United States Supreme Court, which ruled that the Fourteenth Amendment to the U.S. Constitution had extended the reach of certain provisions of the First Amendment—specifically the provisions protecting freedom of speech and freedom of the press—to the governments of the individual states. Began process of incorporation

Roe v. Wade

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.

Planned Parenthood v. Casey

1992 abortion case that applied new flexible test (instead of rigid trimester framework of Roe v Wade): Does state regulation of abortion place "undue burden" on women's right to an abortion? Court used test to uphold some regulations like waiting periods and parental notification for minors.

Plessy v. Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities were equal

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Dred Scott v. Sanford

Supreme Court decision that extended federal protection to slavery by ruling that Congress did not have the power to prohibit slavery in any territory. Also declared that enslaved people, as property, were not citizens of the United States.

New York Times v. Sullivan

1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth

Clear and Present Danger Test

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

Voting Rights Act of 1965

a law designed to help end formal and informal barriers to African-American suffrage

Civil Rights Act 1964

outlawed discrimination based on race, color, religion, sex, or national origin

4th Amendment

Freedom from unreasonable searches and seizures

Prior Restraint

government censorship of information before it is published or broadcast

Shield Law

a law which gives reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings

Exclusionary Rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

Symbolic Speech

Somewhere between speech and action. Generally protected. Ex would be wearing an armband in protest

8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

6th Amendment

The right to a speedy trial by jury, representation by an attorney for an accused person

5th Amendment

Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination

Korematsu v. United States

1944 Supreme Court case where the Supreme Court upheld the order providing for the relocation of Japanese Americans. It was not until 1988 that Congress formally apologized and agreed to pay $20,000 to each survivor.

Barron v. Baltimore

The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.

Schenck v. US

A United States Supreme Court decision concerning the question of whether the defendant possessed a First Amendment right to free speech against the draft during World War I. Ultimately, the case served as the founding of the "clear and present danger" rule.

New York Times v. Sullivan

1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth

Tinker v. Des Moines

Students have the right to symbolic speech at school as long as it is not disruptive

McDonald v. Chicago

Incorporated the 2nd Amendment right to bear arms to the states

US v. Lopez

Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.

affirmative action

A policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group.

Americans with Disabilities Act

Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to public and commercial buildings.

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