AP Gov - Rights and Court Cases

Affirmative Action

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

Bill of Rights

First 10 amendments to the Constitution

Civil Liberties

basic rights and freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers.

Civil Rights

the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment and housing.

Clear and present danger doctrine

established in Schenck v United States (1919), it gives the government the right to censor free speech if, during national emergencies such as war, it can be proven that the result of the speech will significantly hurt national security.

de facto segregation

segregation that existed because of the voluntary associations and neighborhoods

De jure Segregation

segregation that existed because of local laws that mandated the segregation

Letter from Birmingham Jail

The 'Letter from Birmingham Jail' is a powerful open letter written by Martin Luther King Jr. in April 1963, advocating for nonviolent civil disobedience against racial injustice. In this letter, King responds to criticism from eight white clergymen who deemed his actions as 'unwise and untimely,' emphasizing the moral responsibility to oppose unjust laws and the urgent need for civil rights reforms.

Cruel and unusual punishment

prohibits the federal government from imposing excessive bail, excessive fines, and cruel and unusual punishments.

Self Incrimination

The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.

Exclusionary Rule

a law that prohibits the use of illegally obtained evidence in a criminal trial.

Probable Cause

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion

Miranda Rule

SCOTUS est. the "Miranda Rights" - directed police to inform the accused upon arrest of constitutional rights

Nationalization of Bill of Rights

a judicial doctrine of the Fourteenth Amendment that applied the Bill of Rights to the states in matters such as segregation.

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.

Commercial Speech

Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.

Political Speech

Speech that is used to support political candidates or referenda. It is given a high level of protection by the First Amendment as compared to other types of speech.

Symbolic Speech

Using actions and symbols rather than words to convey an idea

Prior Restraint

government censorship of information before it is published or broadcast

Lemon Test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

13th Amendment

abolished slavery

14th Amendment

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

15th amendment

Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude

19th Amendment

Women's suffrage

24th Amendment

Abolishes poll taxes

Civil Rights Act of 1964

1964; banned discrimination in public acomodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal

Equal Rights Amendment

A constitutional amendment originally introduced in Congress in 1923 and passed by Congress in 1972, stating that "equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." Despite public support, the amendment failed to acquire the necessary support from three-fourths of the state legislatures.

Americans with Disabilities Act

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

Due Process Clause

A clause of the Fourteenth Amendment stipulating that no state shall "deprive any person of life, liberty, or property without due process of law." This clause aims to ensure that neither states nor the federal government infringe upon the rights of individuals without following proper legal procedures.

Establishment Clause

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

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

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. Leads to creation of SuperPACs & massive rise in amount of third party electioneering (Citizens for a Better Tomorrow, Tomorrow)

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.

US v. Lopez

The Court held that Congress had exceeded its commerce clause power by prohibiting guns in a school zone.

Shaw v. Reno

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

Wisconsin 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.

NY Times v. US

First Amendment/Freedom of the Press - New York Times and Washington Post could print the Pentagon Papers without risk of government censorship or punishment

Tinker v. Des Moines

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

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.

Engle v. Vitale

Mandatory prayer in schools is a violation of the establishment clause

Baker v. Carr

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

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.

Schenk vs. US

ruled that 1st Amendment right of free speech is limited in the time of war and created a precedent that First Amendment guarantees are not absolute.

McCulloch v. Maryland

Supreme Court ruling (1819) confirming the supremacy of national over state government

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review