ap gov court case matching test

selective incorporation

ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights

14th amendment-due process clause

supreme court says 14th means no State can deny to any person any right that's basic/essential to American concepts of ordered liberty

selective incorporation

ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights

14th amendment-due process clause

supreme court says 14th means no State can deny to any person any right that's basic/essential to American concepts of ordered liberty

establishment clause

- U.S. can't choose an official religion (can't pick one religion over another)
- prohibits gov't actions that unduly favor one religion
- prohibits gov't from unduly preferring religion over non-religion, or non-religion over religion.

free exercise clause

reserves the right of American citizens to accept any religious belief and engage in religious rituals

lemon test - 3 questions

-Secular (nonreligious) legislative purpose?
-Neither advances or prevents religion?
-excessive entanglement?

engel v vitale

NY's requirement of state-composed prayer to begin school, unconstitutional, violated Establishment Clause.

wissconsin v yoder

Amish people refused to send their children to school past the 8th grade when the state required public schooling for all children until age16. Result: This law is in conflict with the Free Exercise clause. The statute is in direct conflict with Amish beliefs. The Amish may teach themselves.

reynolds v united states

Federal law banning polygamy upheld.

employment division of oregon v smith

Oregon can deny unemployment benefits to someone fired from a job for illegally smoking peyote during religious ceremony. Free Exercise Clause doesn't excuse people from obeying law.

schneck v us

clear and present danger test; cannot bash government during wartime

palko v connectivut

Provided test for determining which parts of Bill of Rights should be federalized - those which are implicitly or explicitly necessary for liberty to exist.

obscenity speech

Miller v. California: rules for obscenity prosecutions, but gave states/localities flexibility to determine what's obscene

NYT v US

to exercise prior restraint, gov't must show sufficient evidence that publication would cause a "grave and irreparable" danger

libel

published false statement that is damaging to persons reputation, written defamation.
- difficult to prove (must be false, negligent, prove damages)

writ of habeas corpus

A court order that requires police to bring a prisoner to court to explain why they are holding the person

bill of attainder

a law that punishes a person accused of a crime without a trial or a fair hearing in court

ex post facto laws

A law which punishes people for a crime that was not a crime when it was committed. Congress cannot pass these laws.

speedy trial

a right contained in the sixth amendment to prevent indefinite pre-trial detention and secret trials

13th amendment

Abolished slavery, congress can enforce with proper legislation

3rd amendment

Restricts quartering of troops in private homes.

4th amendment

No "unreasonable" searches and seizures without a warrant or probable cause that a search will produce evidence of a crime.

5th amendment

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

6th amendment

Must inform defendant of charge/s; Right to Attorney; Right to fair impartial jury

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

mapp v ohio

United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts, as well as federal courts.

due process

government must act fairly and in accord with established rules in all that it does

8th amendment

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

9th amendment

Citizens entitled to rights not listed in the Constitution

civil rights act of 1964

banned discrimination in hotels, restaurants, railroad cars, and selection in jury duty, and hiring. Cut off funding for states who did not comply.

voting rights act of 1965

A law designed to help end formal and informal barriers to African American suffrage. Under the law, hundreds of thousands of African Americans were registered and the number of African American elected officials increased dramatically.

plessy v Ferguson (1896)

Separate but equal facilities based upon race is constitutional

brown v board of education

1955 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

NJ v. TLO

Fourth Amendment/reasonable suspicion, schools have the ability to search students as they must maintain a safe school environment

Swann v. Charlotte-Mecklenburg Board of Education (1971)

Courts can be used to regulate desegregation; established a set of steps that can be used to judge if integration was sufficient

heart of Atlanta motel v us (1964)

upholds Civil Rights Act of 1964. Congress can mandate hotel owner to serve black customers under interstate commerce

Regents of the University of California v. Bakke (1978)

quotas requiring a certain % of minorities violated the 14th

civil liberties and civil rights differences

Liberties are limitations placed on gov't. (L&L). Things gov't can't do that might interfere with personal freedom.Rights are curbs on power of majorities to make decisions that benefit some at expense of others. Guarantees of equal citizenship, mean that citizens protected froequal m discrimination by majorities.

equal rights amendment

constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender

americans with disabilities act of 1990

Required businesses with more than 24 employees to make their offices accessible to the disabled.

Korematsu v. United States (1944)

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.

Hazelwood v. Kuhlmeier

U.S. Supreme Court case that determined that the First Amendment does not protect all types of student speech in school

planned Parenthood v casey

A 1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to one of "undue burden" that permits considerably more regulation.

gideon v wainwright

a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

texas v johnson

flag burning is protected by the First Amendment

lawrence v texas

Using right of privacy, struck down Texas law banning sexual relations between consenting same-sex partners.

miranda v arizona

1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.

richmond newspaper v virginia

Gave right to attend a criminal trial and to know information.

roper v simmons

Execution of offenders for crimes committed while under the age of 18 is unconstitutional

snyder v phelps

Court held that speech on a public sidewalk, about a public issue, cannot be liable for a tort of emotional distress, even if the speech is found to be "outrageous"

terry v ohio

Police can search and seize if they have probable cause

us v leon

Created the good faith exception to the exclusionary rule

tinker v demoines

The case that ruled that students do not lose Constitutional rights when they entered the building but they can be limited if they cause a disruption

roe v wade

(1973) legalized abortion on the basis of a woman's right to privacy

loving v virginia

court case that declared all laws against interracial marriage unconstitutional

abington school district v schemp

overturned law requiring Bible reading and prayer as a violation of the First Amendment

mcdonald v chicago

The Court held that the right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the Due Process Clause of the 14th Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states.

lopez v us

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

chaplinsky v new hampshire

"Fighting words" are not protected by the First Amendment

obergefell v hodges

States obligated under the 14th amendment to recognize same-sex marriage from other states

skokie v illinois

Government cannot favor certain groups (religious, political) over others (Pre-planned, Nazi rally with a parade permit in a public space, government protected the right to speech) 1st Amendment

baker v carr

case that est. one man one vote. this decision created guidelines for drawing up congressional districts and guaranteed a more equitable system of representation to the citizens of each state

shaw v Reno (1993)

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries, but should be considered; majority-minority districts.everson

everson v board of education

The Court ruled that the New Jersey law (allowing the state to pay for busing students to parochial shcools) was constitutional; the law benefited students rather than aided a religion directly.

robinson v california

Case dealt with a law that said it was illegal to be addicted to the use of narcotics. Court struck down the law saying that it was cruel and unusual punishment since they were punishing an illness.

Paul v davis

A person's reputation, on its own, is not a liberty or property interest sufficient to invoke the due process protections of the Fourteenth Amendment.

indianapolis v edmond

Supreme Court ruling that police checkpoints aimed at discovering drugs were in violation of 4th amendment rights

Furman v georgia

This 1972 Supreme Court case struck down all state laws allowing the death penalty stating that they allowed for too much discretion on the part of the judge and jury resulting in lack of consistent administration of the penalty.

webster v reproductive health services

Supreme Court ruling that upheld the authority of state governments to limit the use of public funds and facilities for abortions.

plyler v doe

In this case, the Court ruled that states cannot deny students access to public education based on their immigration status.

marbury v madison

This case establishes the Supreme Court's power of judicial review

mcculloch v maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

citizens united v FEC

A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Overturned BCRA to allow for the creation of PACs, SuperPACs & massive rise in amount of third party electioneering