Unit 3 AP GOV

AP US GOVERNMENT AND POLITICS

1ST AMENDMENT

freedom of speech, press, religion, and assembly

Engel vs Vitale

A landmark Supreme Court case that ruled it unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, violating the Establishment Clause of the First Amendment.

Engel vs Vitale related clause

establishment clause

Wisconsin vs Yoder

A Supreme Court case that ruled that Amish children could not be placed under compulsory education past 8th grade, as it violated their religious beliefs and practices.

Wisconsin vs Yoder related clause

Free exercise clause

Accommodationist view

Government should advocate for a small degree of religious accommodation in public life.

Slippery slope counterargument

freedom of religion

government can recognize a religion, not enforce it

Separationist view

Complete separation of church and state

freedom from religion

Endorsement view

government should not favor one religion over another, forcing neutrality

free exercise clause

free exercise of religion

establishment clause

government cannot enforce religion

bill of attainder

a legislative act that singles out and punishes an individual or group without a trial.

strongly unconstitutional

in what clause is the bill of attainder explicitly prohibited

Article 1 Section 9

Burger Court

Supreme court under chief justice warren burger

what key cases did the burger court cover

Roe v Wade, Lemons vs Kurtzman, NY Times vs US,

what is roe v wade

abortion rights, overturned recently

what clause did the lemon vs Kurtzman case cover

establishment clause

what did the Ny Times vs US involve

the pentagon papers and first amendment right to free press

civil liberties

constitutionally established

restraining gov actions against people

all individuals with citizenship get equal protection and civil rights

14th amendment

basic freedom of all people

removable in emergencies

overturnable

civil rights

actions to create equality by the government

basic rights from discrimination

how people should be treated

cannot be changed nor modified

what is the civil rights act most related to

civil rights guaranteed by all people

Most of the Bill of Rights applies to state governments under what amendment and clause

14th amendment: due process clause

Selective Incorporation

Constitution inserts various parts of the bill of rights into state law and constitution, thus requiring states to uphold the 10 amendments

What is the caveat of the first amendment

It does not apply to private companies.

2nd amendment

right to bear arms

3rd amendment

no forced quartering of soldiers

4th amendment

search and seizure cannot be conducted without warrant and probable cause

5th amendment

right to remain silent

prevention from double jeopardy (charged twice for same crime)

protection against deprivation of life, liberty, or property without due process of law

private property cannot be taken for public use without just compensation

6th amendment

right to speedy trial

right to impartial jury

right to confront and cross-examine witnesses

right to legal counsel (lawyer)

7th amendment

right to jury trial in cases exceeding 20$

what cases do the 7th amendment apply to

only civil cases in federal court

8th amendment

protection against cruel and unusual punishment

9th amendment

rights stated in the constitution are not the only rights of citizens

10th amendment

reserves powers not delegated to the federal government nor prohibited by the state to the state

federalism

11th amendment

limit’s ability of individuals to sue states in federal court

12th amendment

modified presidential electoral process, changing how president and vice president are elected

13th amendment

abolished slavery and forced labour

14th amendment

citizenship to all those who were born or naturalized within US

equal protection against law

15th amendment

right to vote

16th amendment

allows government to impose and collect income tax

17th amendment

direct election of us senators by voters of each state

18th amendment

prohibition of alcohol sale, manufacture, and distribution

19th amendment

women can vote

20th amendment

presidential terms starts at Jan 20, while congress terms start at Jan 3

21st amendment

repeal of 18th amendment

22nd amendment

2 year terms, max of 10 years in office

23rd amendment

DC can vote and thus were given 3 electoral votes.

24th amendment

prohibition of poll taxes and other barriers to voting

25th amendment

clarifies how the succession occurs after President unexpectedly leaves office

26th amendment

lowered voting age from 21 to 18

27th amendment

This amendment to the United States Constitution prohibits any law that increases or decreases the salary of members of Congress from taking effect until after the next election of representatives.

allowed restrictions on free speech

speech representing a clear and present danger

speech that might lead to some evil

protected speech

commercial speech

symbolic speech

political speech

symbolic speech

actions and gesture that convey a meaning

tinker vs des moines

black armbands to protest the Vietnam war upheld as symbolic speech

texas vs Johnson

action for the purpose of expressing a political opinion (burning a flag)

prior restraint

blocking speech before it is given
strongly unconstitutional

in NY Times vs US (the pentagon papers), how did the court view prior restraint

court refused prior restraint
government may be embarrassed but there is no national security threat

unprotected speech

obscenity (pornography), slander

campus speech - hate speech victimizing a individual based on demographics

What did the USA Patriot ACT Do?

Weaken power of 4th amendment

Which types of rights are incorporated via selective incorporation?

fundamental rights

what was mcdonald vs chicago?

chicago tried to pass a ban on handguns. Otis Mcdonald filed a court case stating violation of 2nd amendment rights.

rights of accused?

no unreasonable search and seizure

exclusionary rule

no coerced confessions

no illegal interrogation

no entrapment

Miranda warnings-must be informed of his or her rights, including silence

exclusionary rule

illegal evidence cannot be used in a court

writ of certiorari

higher court can review decisions of a lower court

what amendments are related rights of accused

4th, 5th, 6th, 8th

where do privacy rights come from

amendments 1, 3, 4, 5, 9

rights of privacy were established in what court case?

Griswold vs Connecticut

democracy

Government in which supreme power is vested in the people. Thus, policy represents and responds to the public’s preferences.

politics

Process by which we select our governmental leaders and what policies they pursue.

republic

A government that elects leaders that represent the interests of the people.

Government

the institutional processes through which public policies are made for society.

Critical Period

Time between the end of the American revolution and the ratification of the US Constitution

Declaration of Independence

Drafted by Jefferson, Adam, and Franklin. Provides foundation for popular sovereignty.

Enumerated Powers

Allow for the creation of public policy by congress.

Some enumerated powers:

Passing Federal Budget
Raising Revenue
Coining Money
Declaring War

Maintaining Armed Forces

Enacting legislation that addresses economic, environmental, and social issues based on the necessary and proper clause.

Federalism

The system of government where power is shared between nation and state.

Revenue sharing

National funding with no restrictions.

Block Grant

National funding with few restrictions.

Categorical Grant

National Funding with Heavy Restriction Mandates

FEDERALIST

supported ratification of the constitution and a strong central government

the federalist papers

a series of 85 essays published by alexander Hamilton, John Jay, and James Madison.

First Continental Congress

Representatives from all colonies aside from Georgia present a list of grievances to the King. They do not declare independence.

Full Faith and Credit Clause

Each state has to honor the civil rulings and laws from other states.

What does the full faith and credit clause not apply to

Criminal matters.

Virginia Plan

House of Representatives based on population (favoring larger states)

New Jersey Plan

House of Representatives based on equal representation (Favoring smol states)

Great Compromise

One house based on population and one house based on equal representation.

A balance to the New Jersey Plan and Virginia Plan.