AP gov court cases, amendments, etc (copy)

First Amendment

First Amendment

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

Establishment Clause

Clause in the First Amendment, This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Second Amendment

Right to bear arms

Fourth Amendment

Protects against unreasonable search and seizure

exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial

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.

Due Process Clause

Clause in the Fifth Amendment limiting the power of the national government; prohibiting government from depriving any person of life, liberty, or property without due process of law.

due process clause (of the Fourteenth Amendment)

The clause of the Constitution that has been used by the judiciary to apply the Bill of Rights to the actions of state governments. States cannot deprive life, liberty, or property without due process.

Equal Protection Clause

Clause in the Fourteenth Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex.

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.

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Fourteenth Amendment

granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with "equal protection under the laws," extending the provisions of the Bill of Rights to the states. Due Process clause

Fifteenth Amendment

1870 constitutional amendment that guaranteed voting rights regardless of race or previous condition of servitude

Seventeenth Amendment

1913 constitutional amendment allowing American voters to directly elect US senators

Ninteenth Amendment

Granted women the right to vote in 1920

Twenty-second Amendment

Ratified in 1951, this amendment limits presidents to two terms of office.

Twenty-Third Amendment

The 1961 constitutional amendment permitting residents of Washington, D.C., to vote in presidential elections. DC gets 3 Electoral College votes

Twenty-fourth Amendment

The constitutional amendment passed in 1964 that declared poll taxes void in federal elections.

Twenty-fifth Amendment

A 1967 amendment to the Constitution that establishes procedures for filling presidential and vice presidential vacancies and makes provisions for presidential disability.

Twenty-sixth Amendment

Changed the legal voting age from 21 to 18 (1971)

McCulloch v. Maryland (Facts of the Case)

In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. The state appeals court held that the Second Bank was unconstitutional because the Constitution did not provide a textual commitment for the federal government to charter a bank.

McCulloch v. Maryland (Ruling)

The Court ruled that Congress had the power to establish a national bank by implied powers and that the Maryland tax on that bank was unconstitutional.

McCulloch v. Maryland Constitutional principle

Necessary and Proper Clause, Supremacy Clause

US v. Lopez facts of the case

Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises. The next day, the state charges were dismissed after federal agents charged Lopez with violating a federal criminal statute, the Gun-Free School Zones Act of 1990.

US v Lopez: Decision and Reasoning

Congress did not have the authority to create the GFSZA under the commerce clause.

US v. Lopez Constitutional Question

Is the Gun-Free School Zones Act of 1990 unconstitutional because it exceeds the power of the Commerce Clause?

Citizens United v. FEC Facts of the Case

The BRCA of 2002 prohibited corporations from spending money on political advertising less than sixty days from the date of a presidential election. Citizens United, a special interest group, sued the FEC for allowing corporations to advertise politically charged films within sixty days of the 2004 presidential election. (2010)

Citizens United v. FEC Decision and Reasoning

The majority held that under the First Amendment corporate funding of independent political broadcasts in candidate elections cannot be limited. The majority maintained that political speech is indispensable to a democracy, which is no less true because the speech comes from a corporation.

Citizens United v. FEC Constitutional principle

First Amendment, Freedom of Speech, Symbolic Speech

Baker v Carr (Facts of the Case)

In 1960, Tennessee had not redrawn its legislative districts since the turn of the century. Charles Baker sued the state as his county's population had grown considerably in that time without benefiting from increased representation in the state legislature. Did the Supreme Court have jurisdiction over questions of legislative apportionment?

Baker v. Carr Decision and Reasoning

Courts can decide on legislative apportionment and require action on redistricting

Baker v. Carr- Constitutional Principle

14th amendment equal protection clause

Shaw v Reno (Facts of the Case)

The U.S. Attorney General rejected a North Carolina congressional reapportionment plan because the plan created only one black-majority district. North Carolina submitted a second plan creating two black-majority districts. One of these districts was, in parts, no wider than the interstate road along which it stretched. Five North Carolina residents challenged the constitutionality of this unusually shaped district, alleging that its only purpose was to secure the election of additional black representatives

Shaw v. Reno Decision

The Court held that although North Carolina's reapportionment plan was racially neutral on its face, the resulting district shape was bizarre enough to suggest that it constituted an effort to separate voters into different districts based on race.

Shaw v. Reno- Constitutional Principle

14th amendment equal protection clause

Marbury v. Madison Facts of the Case

John Adams ordered his Secretary of State to deliver commissions for the Supreme Court. The commissions were not sent out in time and Thomas Jefferson then became president. President Thomas Jefferson told his Secretary of State (James Madison) to not send out the pending commission. Therefore, the people who were denied their commissions said that they were denied their right to their commissions.

Marbury v. Madison decision

Though Marbury was entitled to it, the Court was unable to grant it because Section 13 of the Judiciary Act of 1789 conflicted with Article III Section 2 of the U.S. Constitution and was therefore null and void. In so holding, Marshall established the principle of judicial review, i.e., the power to declare a law unconstitutional.

Marbury v. Madison Constitutional principle

Supremacy Clause, judicial review

Engel v Vitale Facts of the Case:

The New York State Board of Regents authorized a short, voluntary prayer for recitation at the start of each school day. A group of organizations joined forces in challenging the prayer, claiming that it violated the Establishment Clause of the First Amendment

Engel v. Vitale Decision

The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion.

Engel v. Vitale constitutional principle

1st Amendment Establishment Clause, Freedom of Religion

Wisconsin v. Yoder Facts of the Case

Jonas Yoder and Wallace Miller, both members of the Old Order Amish religion, and Adin Yutzy, a member of the Conservative Amish Mennonite Church, were prosecuted under a Wisconsin law that required all children to attend public schools until age 16. The three parents refused to send their children to such schools after the eighth grade, arguing that high school attendance was contrary to their religious beliefs.

Wisconsin v. Yoder Decision

The Court held that individual's interests in the free exercise of religion under the First Amendment outweighed the State's interests in compelling school attendance beyond the eighth grad

Wisconsin v. Yoder Constitutional Principle

1st Amendment (Freedom of Religion- free exercise clause)

Schenck v. United States Facts of the Case

During World War I, socialists Charles Schenck and Elizabeth Baer distributed leaflets declaring that the draft violated the Thirteenth Amendment prohibition against involuntary servitude. The leaflets urged the public to disobey the draft, but advised only peaceful action. Schenck was charged with conspiracy to violate the Espionage Act of 1917 by attempting to cause insubordination in the military and to obstruct recruitment. Schenck and Baer were convicted of violating this law and appealed on the grounds that the statute violated the First Amendment.

Schenck v. United States Decision

The Court held that the Espionage Act did not violate the First Amendment and was an appropriate exercise of Congress' wartime authority. Writing for a unanimous Court, Justice Oliver Wendell Holmes concluded that courts owed greater deference to the government during wartime, even when constitutional rights were at stake. Articulating for the first time the "clear and present danger test," Holmes concluded that the First Amendment does not protect speech that approaches creating a clear and present danger of a significant evil that Congress has power to prevent.

Schenck v. United States Constitutional Principle

1st amendment freedom of speech

Tinker v. Des Moines (1969) Facts of the Case

In December 1965, a group of students in Des Moines held a meeting in the home of 16-year-old Christopher Eckhardt to plan a public showing of their support for a truce in the Vietnam war. They decided to wear black armbands throughout the holiday season and to fast on December 16 and New Year's Eve. The principals of the Des Moines school learned of the plan and met on December 14 to create a policy that stated that any student wearing an armband would be asked to remove it, with refusal to do so resulting in suspension. On December 16, Mary Beth Tinker and Christopher Eckhardt wore their armbands to school and were sent home. The following day, John Tinker did the same with the same result. The students did not return to school until after New Year's Day, the planned end of the protest.

Tinker v. Des Moines Decision

The Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property. In order to justify the suppression of speech, the school officials must be able to prove that the conduct in question would "materially and substantially interfere" with the operation of the school. In this case, the school district's actions evidently stemmed from a fear of possible disruption rather than any actual interference.

Tinker v. Des Moines Constitutional Principle

1st amendment freedom of speech, Symbolic speech

McDonald v. Chicago (2010) Facts of the Case

Several suits were filed against Chicago and Oak Park in Illinois challenging their gun bans after the Supreme Court issued its opinion in District of Columbia v. Heller. In that case, the Supreme Court held that a District of Columbia handgun ban violated the Second Amendment. There, the Court reasoned that the law in question was enacted under the authority of the federal government and, thus, the Second Amendment was applicable. Here, plaintiffs argued that the Second Amendment should also apply to the states

McDonald v. Chicago Decision

The Supreme Court reversed the Seventh Circuit, holding that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states. With Justice Samuel A. Alito writing for the majority, the Court reasoned that rights that are "fundamental to the Nation's scheme of ordered liberty" or that are "deeply rooted in this Nation's history and tradition" are appropriately applied to the states through the Fourteenth Amendment.

McDonald v. Chicago Constitutional Principle

Second Amendment, Fourteenth Amendment Due Process Clause, Selective Incorporation

New York Time v. United States (1971) Facts of the Case

In what became known as the "Pentagon Papers Case," the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. The President argued that prior restraint was necessary to protect national security.

New York Times v. United States Decision

the Court held that the government did not overcome the "heavy presumption against" prior restraint of the press in this case. Justices Black and Douglas argued that the vague word "security" should not be used "to abrogate the fundamental law embodied in the First Amendment." Justice Brennan reasoned that since publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified.

New York Times v. United States Constitutional Principle

First Amendment, Freedom of Press, prior restraint

Gideon v. Wainwright (1963) Facts of the Case

Clarence Earl Gideon was charged in Florida state court with felony breaking and entering. When he appeared in court without a lawyer, Gideon requested that the court appoint one for him. According to Florida state law, however, an attorney may only be appointed to an poor defendant in capital cases, so the trial court did not appoint one. Gideon represented himself in trial. He was found guilty and sentenced to five years in prison.

Gideon v Wainwright Decision

The Sixth Amendment's guarantee of a right to assistance of counsel applies to criminal defendants in state court by way of the Fourteenth Amendment.

In a unanimous opinion authored by Justice Hugo L. Black, the Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own.

Gideon v Wainwright Constitutional Principles

Sixth Amendment, Due Process Clause of the Fourteenth Amendment, Selective incorporation

Brown v. Board of Education (1954) Facts of the Case

This case was the consolidation of cases arising in Kansas, South Carolina, Virginia, Delaware, and Washington D.C. relating to the segregation of public schools on the basis of race. In each of the cases, African American students had been denied admittance to certain public schools based on laws allowing public education to be segregated by race.

Brown v. Board of Education decision

Separate but equal educational facilities for racial minorities is inherently unequal, violating the Equal Protection Clause of the Fourteenth Amendment. The Court reasoned that the segregation of public education based on race instilled a sense of inferiority that had a hugely detrimental effect on the education and personal growth of African American children. Warren based much of his opinion on information from social science studies rather than court precedent.

Brown v. Board of Education Constitutional Principles

Equal Protection Clause of the Fourteenth Amendment

Declaration of Independence (1776)

The fundamental document, adopted on July 4, 1776. It declared the 13 colonies independent from Britain, offered reasons for the separation laid out the principles for which the Revolution was fought. Natural Rights, Social Contract, Consent of the governed

Articles of Confederation (1781)

First American constitution that established the United States as a loose confederation of states under a weak national Congress, which was not granted the power to regulate commerce or collect taxes. The Articles were replaced by a more efficient Constitution in 1789.

U.S. Constitution (1787)

Replaced the Articles of Confederation and established a functioning government. Established federalist system, separation of powers, checks and balances, more powerful central government, and limited government, easier to amend than Articles

Article I of the Constitution

Establishes Congress as the legislative branch of Federal Government and lists the powers of Congress.

Article II of the Constitution

This article describes the role and power of the Executive Branch. The President and Vice President.

Preamble to the Constitution

Expresses reasons why Constitution was written. Establishes that the power of government comes from the people. Introduction to the U.S. Constitution, establishing the goals and purposes of government

Article III of the Constitution

establishes the judicial branch of the federal government. Creates the Supreme Court but allows Congress to establish lower courts.

Article IV of the Constitution

deals with state citizenship, the relationship between states, and the relationship between the states and the federal government. It requires states to give "full faith and credit" to decisions made by other state courts.

Article V of the Constitution

describes the process for amending the Constitution

Amendment Process

An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose.

The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.

Article VI of the Constitution

States that the Constitution is the highest law of the land. Federal and state officers and judges must uphold the Constitution.

Federalist No. 10

A Federalist Paper essay in which Madison argues that the dangers of faction can be mitigated by a large republic and republican government

Brutus No. 1 (1787)

Anti-Federalist essay: Constitution threatens states; necessary and proper clause and supremacy clause are both too expensive; country too large to elect a group to represent everyone; country too diverse as it is; 13 states cannot be 1.

Federalist No. 51 (1788)

Separation of powers guards against tyranny; bicameral legislature elected differently with different powers ensures branch doesn't dominate; checks and balances should cause branches to complete with one another.

Federalist No. 70

Hamilton argues the purpose of having a single executive (president) in government

States that an executive brings the government both the energy of one person & the safety of an accountability to the people

Federalist No. 78

argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches. Judicial Review, judicial independence

"Letter from a Birmingham Jail," 1963

Letter written by MLK says that people have a moral responsibility to break unjust laws and to take direct action rather than waiting potentially forever for justice to come through the courts. Responding to being referred to as an "outsider", King writes: "Injustice anywhere is a threat to justice everywhere."

Necessary and Proper Clause

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. Also known as the Elastic Clause

Commerce Clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

Take Care Clause

The constitutional requirement that presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws

Americans with Disabilities Act of 1990

A law passed in 1990 that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment. Unfunded mandate

Civil Rights Act of 1964

1964; banned discrimination in public accommodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation

Voting Rights Act of 1965

prohibits racial discrimination in voting. It outlawed the discriminatory voting practices adopted in many southern states after the Civil War, including literacy tests as a prerequisite to voting

War Powers Act

Passed by Congress in 1973; the president is limited in the deployment of troops overseas to a sixty-day period in peacetime (which can be extended for an extra thirty days to permit withdrawal) unless Congress explicitly gives its approval for a longer period.

Bipartisan Campaign Reform Act of 2002

Largely banned party soft money, restored a long-standing prohibition on corporations and labor unions for using general treasury funds for electoral purposes, and narrowed the definition of issue advocacy. "Stand by your ad" requirement "I am X and I approve this message"

Pendleton Civil Service Act

Passed in 1883, an Act that created a federal civil service so that hiring and promotion would be based on merit rather than patronage.

Temporary Aid to Needy Families (TANF)

Legislation that converted welfare from a categorical grant to a block grant--an example of devolution

No Child Left Behind Act (2001)

Requires the states to set standards and measurable goals that can improve individual outcomes in education.

Requires the states to develop assessments in basic skills to be given to all students in certain grades.

Represents a dramatic expansion of the federal role in education.

Unfunded mandate