AP Gov Unit 3b Study Guide

1st amendment

Freedom of speech, press, assembly, religion, petition

2nd amendment

right to bear arms (guns)

3rd amendment

You are not required by law to quarter soldiers

4th amendment

Protection from search and seizure

5th amendment

Right to a grand jury and due process of law. Protection from double jeopardy (cant be tried twice for same crime) and self-incrimination

6th amendment

right to a speedy trial by jury, witnesses, and counsel

7th amendment

Rights to a jury trial in civil lawsuits

8th amendment

Protection from excessive fines, and cruel and unusual punishment

9th amendment

Non-enumerated rights are retained by the people

10th amendment

Rights that are reserved for the states

13th amendment

Abolition of slavery

14th amendment

citizenship rights, equal protection clause, and apportionment

15th amendment

Right to vote not denied by race

19th amendment

Womens suffrage

Engel v. Vitale (1962)

the US Supreme Court ruled that state-sponsored prayer in public schools, even if voluntary, violates the Establishment Clause of the First Amendment, which prohibits the government from establishing a religion. 

Wisconsin v. Yoder (1972)

US Supreme Court ruled that a Wisconsin law requiring compulsory school attendance until age 16 violated the First Amendment's Free Exercise Clause, as it conflicted with the religious practices of the Amish. 

Tinker v. Des Moines (1969)

Supreme Court ruled that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate," and that school officials can only restrict student speech if it causes a substantial disruption to the educational environment. 

Case-tudents John and Mary Beth Tinker, along with Christopher Eckhardt, wore black armbands to school in Des Moines, Iowa, to protest the Vietnam War. School officials suspended them for violating a policy against wearing armbands

Schenck v. U.S. (1919)

Supreme Court upheld the conviction of Charles Schenck, a socialist, for violating the Espionage Act of 1917 by mailing anti-draft leaflets, establishing the "clear and present danger" test limiting free speech during wartime (WW1). 

New York Times Co. v. U.S. (1971)

Supreme Court ruled that the government could not prevent the publication of the "Pentagon Papers," a classified study about the Vietnam War, upholding the First Amendment right to freedom of the press against prior restraint. Espionage Act was not violated.

Kennedy v. Bremerton School District (2022)

Supreme Court ruled in a 6-3 decision that a high school football coach's right to pray on the field after games was protected by the First Amendment, finding the school district's discipline for such prayer violated his free exercise and free speech rights.  lemon test was applied

McDonald v. Chicago (2010)

the Supreme Court ruled that the Second Amendment's right to bear arms, as recognized in District of Columbia v. Heller (2008), is incorporated by the Fourteenth Amendment and therefore applies to state and local governments. 

Case-Chicago residents, including Otis McDonald, challenged a city ordinance that effectively banned handgun possession, arguing it violated their Second Amendment rights. 

Obergefell v. Hodges 2015

the Supreme Court ruled that the Fourteenth Amendments Due Process Clause and Equal Protection Clause guarantees the right to marry to same-sex couples, requiring states to license and recognize marriages between them on the same terms as opposite-sex couples. 

Case- Obergefell v. Hodges, involved 14 same-sex couples and two men whose same-sex partners had passed away, who sued their respective states (Ohio, Michigan, Kentucky, and Tennessee) arguing that bans on same-sex marriage violated their Fourteenth Amendment rights. 

Roe v. Wade (1973)

the Supreme Court ruled that the Constitution protects a woman's right to choose an abortion, based on the right to privacy, and that states could not unduly restrict this right, particularly in the first trimester

finding that the right to privacy, implied in the Fourteenth Amendment's Due Process Clause, encompassed a woman's decision to terminate a pregnancy. 

Miranda v. Arizona (1966)

Supreme Court ruled that law enforcement must inform suspects of their Fifth Amendment right to remain silent and their Sixth Amendment right to an attorney before questioning them, otherwise any statements obtained cannot be used in court. 

Case-The case stemmed from the arrest of Ernesto Miranda, who was questioned by police about a kidnapping and rape without being informed of his constitutional rights. 

Dobbs v. Jackson Women’s Health (2022)

The case involved a Mississippi law that prohibited abortions after 15 weeks of pregnancy. The Court ruled 6-3 that the Constitution does not confer a right to abortion, overturning the landmark 1973 decision Roe v. Wade. 

The Court found that the Fourteenth Amendment's Due Process Clause does not protect a right to abortion. 

The Court held that the power to regulate abortion rests with the states. 

Hazelwood School District v. Kuhlmeier (1988)

Supreme Court ruled that school officials can censor student speech in school-sponsored activities, like a school newspaper, if the censorship is reasonably related to legitimate pedagogical concerns, thus limiting student First Amendment rights in a school setting. 

Case-The school principal removed two pages of the newspaper containing articles on teen pregnancy and divorce, deeming them inappropriate

Plessy v. Ferguson (1896)

U.S. Supreme Court upheld the constitutionality of racial segregation under the "separate but equal" doctrine, paving the way for Jim Crow laws and racial discrimination for decades. 

Case-The case stemmed from a 1892 incident where African American train passenger Homer Plessy refused to sit in a car designated for Black people, violating Louisiana's "Separate Car Act". 

Brown v. Board of Education (1954)

US Supreme Court unanimously ruled that racial segregation in public schools was unconstitutional, overturning the "separate but equal" doctrine established in Plessy v. Ferguson. 

Gideon v. Wainwright (1963)

Supreme Court ruled that the Sixth Amendment's right to counsel applies to state criminal trials, meaning states must provide legal representation to indigent defendants charged with serious crimes. 

Case-Clarence Earl Gideon, a poor man, was charged with breaking and entering in Florida and was denied a lawyer because Florida law only provided counsel for capital offenses. 

Loving v. Virginia (1967)

the U.S. Supreme Court struck down all state laws banning interracial marriage, ruling they violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment. 

-he case involved Richard and Mildred Loving, a white man and a woman of African American and Native American descent, who were married in Washington, D.C., and then faced criminal charges in Virginia for violating the state's Racial Integrity Act of 1924. 

Morse v. Frederick (2007)

Supreme Court ruled (5-4) that public school officials can restrict student speech that promotes illegal drug use, upholding a principal's suspension of a student for displaying a banner reading "Bong Hits 4 Jesus" at a school event. 

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

Supreme Court ruled that while universities could consider race as one factor in admissions, they could not use racial quotas, striking down the University of California's special admissions program that reserved spots for minority applicants. 

Letter from a Birmingham Jail

-nonviolent civil disobedience is a necessary and justified response to systemic injustice and the inaction of white moderates who advocate for patience rather than immediate action

-King wrote the letter from jail in response to a public statement by eight white clergymen who criticized his and his organization's campaign in Birmingham, arguing that their actions were "unwise and untimely". 

Federalist 78

-Alexander Hamilton defends the judicial branch as the "least dangerous" branch, emphasizing its role in protecting the Constitution through judicial review and the importance of an independent judiciary with life tenure to ensure impartiality and stability. 

Article III of the Constitution

Establishes the judicial branch, vesting the judicial power of the United States in one Supreme Court and allowing Congress to create inferior courts, and outlines the jurisdiction of federal courts and the conditions for trials by jury

Civil Liberties

Constitutionally protected freedoms of all persons against government restraint.

“Clear and Present Danger”

a legal standard used to determine when speech can be restricted under the First Amendment, allowing limitations on speech that poses a significant and immediate threat to public safety or national security. 

Emerged form the court case Schenck v. United States,

Double Jeopardy

The same person cannot be tried for the same crime twice. Ex. John is tried for robbery and is found innocent, the judges CANNOT retry him again for the same crime in hopes of getting a new verdict

Due Process of Law

protects citizens from arbitrary government actions. It's a cornerstone of the US legal system, and is enshrined in the Fifth and Fourteenth Amendments of the Constitution. 

• Due process requires that the government provide notice of proposed actions

• It gives people the right to present their case and evidence

• It requires that the government base its decisions on the evidence presented

• It guarantees that people have access to counsel

• It requires that the government keep a record of the evidenc

Establishment Clause of the 1st amendment

prohibits the government from establishing a religion or passing laws that favor one religion over another, ensuring a separation of church and state. 

Exclusionary Rule

a legal doctrine that prohibits the use of illegally obtained evidence in criminal trials, serving as a deterrent to police misconduct and protecting constitutional rights. 

Free Exercise Clause of the 1st Amendment

It protects the right of individuals to practice any religion, or no religion at all, without government interference. This includes the freedom to believe, worship, and engage in religious activities. 

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."

Miranda Rights

A set of warnings police must give to suspects in custody.

Comes from Miranda V Arizona

Prior Restraint

a form of censorship where the government attempts to prevent the expression of ideas or information from being published or spoken, rather than punishing it after the fact. 

Right to Privacy

the constitutional principle protecting individuals from unwarranted government intrusion into their personal lives, though not explicitly stated, it's inferred from various amendments and shaped by Supreme Court decisions. 

Selective Incorporation

a legal doctrine where the Supreme Court applies specific protections from the Bill of Rights to state governments through the Fourteenth Amendment's Due Process Clause on a case-by-case basis

Symbolic Speech

nonverbal communication that conveys a message or idea, and is generally protected under the First Amendment, though it can be regulated if it causes a specific, direct threat or violates other laws. 

What civil liberties are protected in the Bill of Rights? (first 10 amendments)

freedom of religion, speech, the press, assembly, and the right to petition the government, as well as rights related to due process and fair trials

What limits has the Supreme Court placed on free speech?

speech that incites violence, defamation, obscenity, and threats. Ex. Defamation, Obscenity, Child Pornography, true threats

How do the 4th, 5th, 6th, and 8th amendments protect the rights of the criminally accused? How has the Supreme Court defended/expanded these rights?

-by safeguarding against unreasonable searches and seizures, self-incrimination, and ensuring fair trial procedures and protection against cruel and unusual punishment.

-Supreme court has expanded on these in cases such as Miranda V Arizona, Gideon V Wainwright and Wickard V fillmore

To what extent is the government limited by procedural due process from infringing upon individual rights?

procedural due process ensures fair procedures before the government deprives someone of life, liberty, or property, as guaranteed by the Fifth and Fourteenth Amendments

In which amendments can we find the right to privacy? How has the interpretation of the 14th amendment changed the Court’s understanding of the right to privacy?

no single amendment explicitly guarantees a "right to privacy," aspects of the First, Third, Fourth, Ninth, and Fourteenth Amendments contribute to it. The Court's understanding of this right, particularly through the Fourteenth Amendment's due process clause, has evolved, expanding to encompass personal decisions about family, marriage, and childrearing. 

Affirmative Action

policies and programs designed to promote equal opportunity in education and employment for historically marginalized groups, aiming to address the lingering effects of past discrimination

Civil Rights

Civil rights are the legal and social entitlements that guarantee individuals freedom from discrimination and unequal treatment based on characteristics like race, gender, religion, or national origin. 

Literacy Test

a requirement imposed on voters, typically during voter registration, assessing an individual's ability to read and write, historically used to disenfranchise minority voters, particularly African Americans in the South. 

De Facto Segregation

situations where segregation occurs in reality, despite the absence of laws or policies that mandate it. 

De Jure Segregation

segregation imposed by law or public authority. 

Equal Protection Clause of the 14th Amendment

prohibits states from denying any person within their jurisdiction the equal protection of the laws, ensuring that individuals in similar situations are treated equally under the law

Grandfather Clause

allows individuals or entities to continue activities or operations that were approved before new rules or regulations are implemented, essentially exempting them from the new rules. 

Jim Crow laws

state and local laws enacted in the Southern United States from the late 19th century to the mid-20th century, enforcing racial segregation and discrimination against African Americans in various aspects of life. 

Poll Tax

fees required to be paid in order to vote, which were historically used in the United States as a means to restrict voting rights.

Title IX (Title 9)

enacted in 1972, is a federal law that prohibits sex-based discrimination in any educational program or activity receiving federal financial assistance, impacting areas like athletics, admissions, and academic programs. 

“Separate but Equal” Doctrine

established by the Supreme Court in the 1896 case Plessy v. Ferguson, allowed racial segregation as long as facilities for different races were considered equal, though in practice, they were often not. This doctrine was overturned in 1954 by the Supreme Court in Brown v. Board of Education, which ruled that separate educational facilities were inherently unequal. 

White Primary

elections held in the Southern United States that effectively excluded Black voters from participating in the primary elections of the Democratic Party.

How have the various branches of government protected and expanded civil rights?

Legislative:

-enacted civil rights laws such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965. 

-ratified constitutional amendments, like the 13th, 14th, and 15th

Executive:

-enforces civil rights laws passed by Congress, using agencies like the Department of Justice and the Equal Employment Opportunity Commission (EEOC)

Judicial:

-Brown V Board of Education ruling

How have constitutional provisions have supported and motivated social movements?

The Equal Protection Clause of the Fourteenth Amendment, have been instrumental in supporting and motivating social movements by providing a legal framework for challenging discriminatory practices and advancing equality for marginalized groups. 

What is the constitutional basis for affirmative action programs, and why have some groups challenged them?

affirmative action programs, aimed at addressing historical discrimination, are rooted in the Fourteenth Amendment's Equal Protection Clause, but have faced challenges arguing they constitute reverse discrimination, violating the same principle they aim to uphold. 

What have the courts ruled about affirmative action?

In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, the Supreme Court ruled that the admissions programs at Harvard and UNC, which considered race as a factor, violated the Equal Protection Clause of the Fourteenth Amendment.