UNIT 3 IN CLASS NOTES

Civil Liberties

Guaranteed freedoms for individuals and protections from government action.

Due Process

Fifth and Fourteenth Amendments that ensure fair legal proceedings and equal protection under the law.

Civil Rights

Guaranteed protections of groups from discrimination, prejudice, inequality, and injustice.

Judicial Review

The power of the Supreme Court to rule on the constitutionality of federal laws, executive orders, and state laws.

Marbury vs Madison (1803)

A landmark case that established the principle of judicial review.

Federal Courts

The courts of the federal system, which include District Courts, Circuit Courts of Appeals, and the Supreme Court.

Original Jurisdiction

The authority of a court to hear a case for the first time.

Appellate Jurisdiction

The authority of a court to review decisions made by lower courts.

Rule of Four

An informal rule that requires at least four justices to agree to hear a case.

Writ of Certiorari

A request for the lower case documents issued when the Supreme Court agrees to hear the case.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

Judicial Independence

The concept that the judiciary should remain independent from other branches of government.

Amicus Curiae Briefs

'Friends of the Court' briefs submitted by non-litigants to provide additional information or perspectives.

Opinion of the Court

The holding by the majority of justices in a Supreme Court case, legally binding as precedent.

Concurring Opinion

A opinion that agrees with the majority ruling but offers different reasoning.

Dissenting Opinion

An opinion by justices in the minority, outlining their reasons for disagreeing with the majority.

Judicial Restraint

The philosophy that courts should defer to the other branches of government when possible.

Judicial Activism

The philosophy that courts should actively interpret the Constitution and may overrule other branches when needed.

Strict Constructionism

The idea that the Constitution should be interpreted literally based on its text.

Broad Constructionism

The interpretation of the Constitution based on its underlying principles, allowing for flexibility.

Selective Incorporation

The process by which the Bill of Rights is applied to the states through the Fourteenth Amendment.

First Amendment: Freedom of Speech

Prohibits laws that abridge the freedom of speech; not absolute, with exceptions for obscenity and clear dangers.

Engel v Vitale (1962)

Supreme Court case ruling that state-sponsored school prayer violates the Establishment Clause.

Tinker v. Des Moines (1969)

Supreme Court case recognizing students' right to free speech in schools as long as it doesn't disrupt schooling.

Second Amendment

Constitutional amendment that protects the right to keep and bear arms.

DC vs Heller (2008)

Supreme Court case establishing the individual's right to bear arms for self-defense.

Fourth Amendment

Protects against unreasonable searches and seizures without probable cause and a warrant.

Exclusionary Rule

Law that prohibits the use of illegally obtained evidence in court.

Fifth Amendment

Protects individuals from being compelled to testify against themselves.

Miranda Rule

Requires that individuals taken into custody be informed of their rights, including the right to counsel.

Sixth Amendment

Guarantees the right to a speedy and public trial by an impartial jury.

Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments.

Kelo v. New London (1995)

Supreme Court case ruling that the taking of property for private use can qualify as 'public use'.

Griswold v. Connecticut (1965)

Supreme Court case that established a right to privacy based on implied rights in various amendments.

marbury v madison

established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States.

McCulloch v. Maryland

defined the scope of the U.S. Congress's legislative power and how it relates to the powers of American state legislatures.

Schenck v. United States

Schenck v. United States (1919) is an important Supreme Court case for understanding the limits of free speech, particularly during wartime. In this case, Charles Schenck was convicted under the Espionage Act for distributing pamphlets that opposed the draft during World War I. The Supreme Court, led by Justice Oliver Wendell Holmes, upheld his conviction, introducing the famous "clear and present danger" test to determine when speech could be limited.

Brown v. Board of Education (1954)

declared racial segregation in public schools unconstitutional, overturning the "separate but equal" doctrine established by Plessy v. Ferguson in 1896. This case is crucial for your AP Government exam because it highlights the struggle for civil rights and the role of the judiciary in addressing social injustice. Key facts to remember include the year of the decision, the context of the Civil Rights Movement, the plaintiffs (Oliver Brown and others), and the unanimous decision led by Chief Justice Earl Warren that segregation in public schools creates a sense of inferiority among African-American children.

Baker v. Carr

electoral districting, often summarized by the phrase "one person, one vote." The case emerged from Tennessee, where Charles W. Baker filed a lawsuit arguing that the state's apportionment (the way voting districts were drawn) ignored significant population shifts, thus diluting the voting power of certain regions, particularly urban areas. The Supreme Court's decision, led by Chief Justice Earl Warren, ruled that federal courts could hear cases on state apportionment and that unequal representation violated the Fourteenth Amendment's Equal Protection Clause.

​​Engel v. Vitale (1962)

role of religion in public schools, ultimately reshaping the relationship between religion and government in the United States. The case arose when a public school in New York implemented a voluntary, non-denominational prayer at the start of each school day, leading to a lawsuit by a group of parents, including Steven Engel, arguing that this violated the Establishment Clause of the First Amendment, which prohibits the government from establishing an official religion.

Gideon v. Wainwright (1963)

understanding the rights of defendants in the American legal system. The case centers around Clarence Earl______, who was charged with a felony in Florida. he requested a court-appointed attorney, arguing that he could not afford one, but was denied based on state law which only provided attorneys for capital cases. After being convicted, Gideon appealed to the Supreme Court, which unanimously ruled that the Sixth Amendment's guarantee of counsel is a fundamental right essential to a fair trial and, as such, applies to state courts through the Fourteenth Amendment.

Tinker v. Des Moines (1969)

established the standard for evaluating the freedom of speech in schools. The case originated when Mary Beth Tinker and her siblings wore black armbands to their public school as a form of protest against the Vietnam War. The school suspended them, leading to a lawsuit that argued the suspension violated their First Amendment rights. The Supreme Court ruled in favor of the Tinkers, stating that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

New York Times v. U.S (1969)

"Pentagon Papers Case," is a crucial Supreme Court case for understanding the balance between national security and the freedom of the press. The controversy arose when the New York Times started publishing the Pentagon Papers, classified documents detailing U.S. strategy in the Vietnam War. The Nixon Administration argued that publishing these documents posed a security risk and sought to stop their publication. However, the Supreme Court ruled in favor of the newspapers, holding that the government had not met the heavy burden required to justify a prior restraint on speech under the First Amendment.

Roe v. Wade (1973)

addressing the issue of abortion rights. The case was brought by "Jane Roe" (a pseudonym for Norma McCorvey), who challenged Texas laws criminalizing most abortions, arguing that they were unconstitutional. The Supreme Court, in a 7-2 decision, ruled that the right to privacy under the Due Process Clause of the 14th Amendment extended to a woman's decision to have an abortion. However, the Court also held that this right must be balanced against the state's interests in regulating abortions: protecting women's health and protecting the potentiality of human life. The decision led to the establishment of the trimester framework, which set different levels of state interest for each stage of pregnancy.

Shaw v. Reno (1993)

understanding the complexities of racial gerrymandering and the interpretation of the Equal Protection Clause of the Fourteenth Amendment in the context of electoral districting. The case arose after the U.S. Department of Justice rejected North Carolina's initial congressional redistricting plan for failing to create a majority-black district. The state submitted a new plan creating two majority-black districts, but one of them was unusually shaped, leading white residents to challenge the plan as racially discriminatory.

U.S. v. Lopez (1995)

marks a significant moment in Supreme Court history, primarily because it was the first case in decades where the Court limited the power of the Congress under the Commerce Clause. The case began when Alfonso ______, a high school student, was charged under the Federal Gun-Free School Zones Act for carrying a concealed weapon into his Texas high school. Lopez argued that the federal law, which banned guns in school zones, exceeded Congress's authority under the Commerce Clause, which allows Congress to regulate interstate commerce.

McDonald v. Chicago (2010)

is a pivotal Supreme Court case that marked a significant moment in the interpretation of the Second Amendment and the application of constitutional rights at the state level. The case arose after Otis McDonald, a resident of Chicago, challenged the city's stringent handgun ban, arguing that it violated his Second Amendment right to keep and bear arms for self-defense. This case followed the landmark District of Columbia v. Heller (2008) decision, which had recognized an individual's right to own firearms under the Second Amendment but applied only to federal enclaves.

Citizens United v. FEC (2010)

changed campaign finance laws in the United States. The case arose when Citizens United, a nonprofit corporation, was prevented from airing a film critical of Hillary Clinton close to the 2008 Democratic primaries due to the Bipartisan Campaign Reform Act (BCRA), which restricted "electioneering communications" by corporations and unions. Citizens United challenged these restrictions, arguing that they violated the First Amendment's free speech protections.