AP Gov Unit 3

Civil liberties

fundamental rights and freedoms of individuals that are protected from unreasonable governmental restriction

bill of rights

list of fundamental individual rights that a government can’t restrict without reason

Selective incorporation

supreme court affirmed that almost all protections within the bill of rights also apply to state governments

establishment clause

protection against government requiring citizens to join or support religion

free exercise clause

protection of the rights of individuals to exercise and express their religious beliefs

strict scrutiny

content based, must be narrowly tailored to achieve goal and must be least restrictive way of achieving that goal

Used for cases involving racial discrimination

intermedial scrutiny

content neutral, government must demonstrate substantial interest in curtailing the speech

Used for cases involving gender discrimination

clear and present danger

is it dangerous to the government?

Direct incitement

the speech is causing imminent violence

symbolic speech

protected expression in form of images, signs, and other symbols

Hate speech

allowed as long as it doesn’t incite immediate violence

freedom of Assembly

allowed as long as assemblies are peaceful, there is almost no limit, laws restricting assembly must be content neutral

prior restraint

government suppresses material before it is published

what counts as obscenity?

words, images, and videos that depicts sexual activity in an offensive manner and lack any artistic merit, unclear what constitutes an obscene statement

Right to bear arms

states can place restrictions, but can’t prohibit ownership

procedural due process

methods that are not arbitrary when carrying out the law, were the steps fair, just, and constitutional, government must follow rules

substantive due process

is the law itself fair?

Warrants

document issued by judge authorizing some activity, based on probably cause

exclusionary rule

evidence obtained without warrant isn’t allowed in court

miranda rights

rights to remain silent and have an attorney

double jeopardy

prosecution of individual more than once for the same crime

privacy rights and abortion

Privacy: only implied in constitution, most heavily implied in 4th amendment

states could regulate abortion after 1st trimester, states can prohibit after 2nd trimester

civil rights

protections from discrimination as a member of a particular group

1st amendment

freedoms

2nd amendment

right to bear arms

4th amendment

right against unreasonable searches and seizures

5th amendment

right of grand jury, protection against double Jeopardy and self-incrimination, right to due process, right to just compensation when private property is takes

6th amendment

right to speedy trial and attorney

7th amendment

right to trial by jury

8th amendment

protections against excessive bail, excessive fines, and cruel and unusual punishment

14th amendment

• selective incorporation

• equal protection clause — equal protection may not be denied

• due process clause — can’t take away rights without due process

15th amendment

gave African American men the right to vote

19th amendment

women have right to vote

Engle v. Vitale

• optional prayer in elementary school, parents were against it because it was against their beliefs

  • violated establishment clause

Wisconsin v. Yoder

• amish family wanted to take their kids out of school because it went against their beliefs

• schools can’t prevent people from exercising their beliefs

• free exercise clause

tinker v. DesMoines

• students wore black armbands to school in support for the truce in the vietnam war, school suspended them

  • violated freedom of speech

Schenck v. United States

• Husband and wife printed pamphlets that were against the draft, this is legal, but it is illegal in times of war, charged with violating espionage act

  • freedom of speech

NYT Co. v. United States

• nixon wanted to prevent NYT and Washington post form publishing the Pentagon papers, papers would prove that the government wasn’t being truthful to the people

  • freedom of the press

McDonald v. Chicago

• Decided handgun ban violated 2nd amendment, but only applied to federal territories, McDonald argued it should apply to states

• Scotus

  • selective incorporation

  • 2nd amendment

Gideon v. Wainwright

• The court didn’t appoint him a lawyer, so he had to represent himself and he went to jail, he learned law and saw that his rights were violated

• Scotus:

  • selective incorporation

  • 6th amendment

roe v wade

• filed lawsuit against district attorney of Dallas Texas that challenged a Texas law that made abortion illegal unless it was doctors order, claimed laws were unconstitutionally vague and went against right of privacy

• right of privacy

  • 1st, 4th, 5th, 9th, 14th

Brown v. Board

• Black family wanted to send child to a white only school that was close by, but they were denied and had to go to a farther school.

• Equal Protection Clause

Separate but equal and desegreagation

The doctrine that racial segregation was constitutional so long as the facilitates for blacks and whites were equal, plessy v ferguson

Affirmative action

a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race or gender

Civil Rights Act of 1964

owlaws racial segregation in schools and public places, attorney general can sue schools that don’t desegregate

Voting Rights Act of 1965

outlawing literacy tests and authorizing the justice department to send federal officers to register voters in uncooperative cities, countries, and states.

Title IX of the Education Amendments Act of 1972

prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in sports programs

24th amendment

prohibits Congress and the states from imposing poll taxes as a condition for voting in federal elections

26th amendment

allows 18+ to vote

de jur segregation

separation of individuals by law

de facto segregation

segregation not by law but by other factors such as residential housing factors, occurs in practice