AP Government - Unit 3

Brandenburg v. Ohio

extended freedom of speech to new limits. Threats of a KKK leader were deemed ok b/c of a failure to prove a real danger from them. Declared that speech is protected unless proven that actions directly incited the action

Lemon v. Kurtzman

The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.

Grutter v. Bollinger

Allowed the use of race as a general factor in law school admissions at University of Michigan

Substantive Due Process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

Clear and Present Danger

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

Due Process

fair treatment through the normal judicial system, especially as a citizen's entitlement.

Due Process Clause

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

Equal Protection Clause

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

Establishment Clause

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

Exclusionary Rule

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

14th Amendment

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

Free Exercise Clause

Provision that prohibits government from interfering with the practice of religion.

Freedom of Expression

Part of the First Amendment protecting freedom of speech, press, assembly, and the right to petition the government.

Good Faith Exception

Admission of illegally obtained evidence if illegality results from a technical or minor error

Imminent Danger

a situation that poses the strong possibility of risk to people nearby

Lemon Test

three-pronged rule used by the courts to determine whether the establishment clause is violated

Libel

A written defamation of a person's character, reputation, business, or property rights.

Miranda Rights

A list of rights that police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona.

Obsenity

Speech that is so offensive that is not protected under the constitution

Patriot Act

A controversial law overwhelmingly passed by Congress in October 2001, after the terrorist attacks of September 11 on the World Trade Center and the Pentagon. It greatly expanded the power of federal law enforcement authorities to move against suspected terrorists.

Probable Cause

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

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.

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.

Symbolic Speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

Civil Disobedience

A form of political participation that reflects a conscious decision to break a law believed to be immoral and to suffer the consequences.

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin.

Civil Rights

protect individuals from discrimination based on characteristics such as race, national origin, religion, and sex; these rights are guaranteed to all persons under the

due process and equal protection clauses of the U.S. Constitution, as well as acts of Congress.

Equal Rights Amendment

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

Equal Opportunity

the right to equivalent opportunities for employment regardless of race or color or sex or national origin

Integration

the act of uniting or bringing together, especially people of different races

Right to Privacy

the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions

Separate but Equal Doctrine

the doctrine established in Plessy v. Ferguson (1896) that African Americans could constitutionally be kept in separate but equal facilities

Voting Rights Act of 1965

a law designed to help end formal and informal barriers to African-American suffrage

Marbury v. Madison

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

Dred Scott v. Sanford

Supreme Court case that decided US Congress did not have the power to prohibit slavery in federal territories and slaves, as private property, could not be taken away without due process - basically slaves would remain slaves in non-slave states and slaves could not sue because they were not citizens

Plessy v. Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal

Schenck v. United States

A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.

Brown v. Board of Education

1954 case that overturned Separate but Equal standard of discrimination in education.

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

Engel v. Vitale

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.

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

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government

Griswold v. Connecticut

Married couple wanted to get contraceptives; struck down a Connecticut law prohibiting the sale of contraceptives; established the right of privacy through the 4th and 9th amendment

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

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

New York Times v. US

The President argues that the publication of the Pentagon Papers is in violation of executive privilege. Result: The barring of the publication of these papers is in violation of the 1st A. Publication does not imperial the public.

Roe v. Wade

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.

Wisconsin v. Yoder

Amish do not have to attend school after 8th grade - right to freedom of religion

US v. Nixon

The Supreme Court does have the final voice in determining constitutional questions; no person, not even the President of the United States, is completely above law; and the president cannot use executive privilege as an excuse to withhold evidence that is 'demonstrably relevant in a criminal trial

Regents of the University of California v. Bakke

A 1978 Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race.

Bill of Rights

The first ten amendments to the Constitution, specifically designed to protect individual liberties and rights

Civil Liberties

constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary

government interference

Free Speech

the right to say our opinions, in public or in private, without fear of being stopped or punished by the government for those ideas

Time, Place and Manner Regulations

impose restrictions such as limits on the time of day an event can be held, limits on where an event can be held, and limits on the noise levels at an event

Defamation

language that harms the reputation of another

Slander

the action or crime of making a false spoken statement damaging to a person's reputation.

Individual Liberty

the liberty of an individual to exercise freely those rights generally accepted as being outside of governmental control.

Prior Restraint

government censorship of information before it is published or broadcast

Freedom of the Press

the right of journalists to publish the truth without restriction or penalty

Second Amendment

Right to bear arms

First Amendment

5 freedoms: speech, press, religion, assembly, petition

Cruel and Unusual Punishment

Court sentences prohibited by the Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment.

Death Penalty (Capital Punishment)

The punishment of execution, administered to someone legally convicted of a capital crime

Public Safety

Protection of citizens from harm or danger.

Procedural Due Process

procedural laws that protect the rights of individuals who must deal with the legal system. requires that

government officials use methods that are

not arbitrary when making and carrying out

decisions affecting constitutionally protected

rights.

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Miranda Rule

the constitutional rights which police must read to a suspect before questioning can occur

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Public Safety Exception

Exception to Miranda requirements that permits police to immediately question a suspect in custody without providing any warnings, when public safety would be jeopardized by their taking the time to supply the warnings.

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Unenumerated Rights

according to the Ninth Amendment, any right that is not specifically addressed in the Constitution still may be protected (e.g., privacy)

Ninth Amendment

People's rights are not limited to those listed in the Constitution

Dobbs v. Jackson Women's Health Organization (2022)

overturned Roe v. Wade, holding that the Constitution does not confer a right to abortion, leaving decisions about the regulation of abortion to state legislatures

Civil Rights Movement

a social movement in the United States during the 1950s and 1960s, in which people organized to demand equal rights for African Americans and other minorities. They gave speeches, marched in the streets, and participated in boycotts.

Women's Rights Movement

an organized effort to improve political, legal and economic status of women in American society

Letter From a Birmingham Jail

A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. He was disappointed more Christians didn't speak out against racism.

The National Organization for Women

Founded in 1966, the National Organization for Women (NOW) called for equal employment opportunity and equal pay for women.

Pro-Life Movement

an anti-abortion movement based on moral and religious grounds supporting legal restrictions and prohibitions on abortions with many believing life begins at conception

Pro-Choice Movement

a movement supporting the view that women should have the legal right to an elective abortion based on a recognized right to privacy

Title IX of the Education Amendments Act of 1972

prohibits sex discrimination in any education program or activity receiving federal financial assistance.

Majority-Minority Districting

drawing an electoral district in which the majority of constituents are racial or ethnic minorities

Affirmative Action

refers to policies intended to address workplace and educational disparities related to race, ethnic origin, gender, disability, and age.

Emancipation Proclamation

Proclamation issued by Lincoln, freeing all enslaved people in areas still at war with the Union.

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