ap gov unit 3 not finished

civil liberties

constitutional freedoms guaranteed to all citizens

civil rights

policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals

bill of rights

first 10 amendments to the constitution

1st amendment

freedom of religion, speech, press, assembly, and petition2

2nd amendment

right to bear arms

4th amendment

freedom from unreasonable searches and seizures

5th amendment

criminal proceedings; due process; eminent domain; double Jeopardy; protection from self incrimination

6th amendment

the right to a speedy trial by jury, representation by an attorney for an accused person

8th amendment

no cruel or unusual punishment1

14th amendment

all persons born in the US are citizens and are guaranteed equal protection of the laws

equal protection clause

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

free exercise clause

a first amendment provision that prohibits government from interfering with the practice of religion

due process

fair treatment though the normal judicial system, especially as a citizen’s entitlement

prior restraint doctrine

legal doctrine that gives individuals the right to publish without prior restraint - that is, without first submitting material to a government censor

right to privacy

the right to a private personal life free from the intrusion of the government

seperate but equal doctrine

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

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.

exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial

legal segregation

the separation by law of individuals based upon their racial identities

de jure segregation

Racial segregation that occurs because of laws or administrative decisions by public agencies.

de facto segregation

segregation by unwritten custom or tradition

affirmative action

A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities

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

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; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal

voting rights act of 1965

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

letter from 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 White Christians didn't speak out against racism.

engel v Vitale (1962)

Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.

wisconsin v Yoder (1972)

The right to freedom of religion prohibits governments from requiring students to attend public school past a certain age if doing so goes against their religion - in this case, this was brought by the Amish community in Wisconsin.

tinker v Des Moines (1969)

Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes

schenck v US (1919)

speech may be punished if it creates a clear-and-present-danger test of illegal acts

nyt v us (1971)

Supreme Court case protecting the freedom of the press by allowing the New York Times to publish the "Pentagon Papers" despite the Justice Department's order to restrict it

gideon v wainwright

ordered states to provide lawyers for those unable to afford them in criminal proceedings

roe v Wade (1973)

Abortion rights fall within the privacy implied in the 14th amendment

McDonald v. Chicago (2010)

The Second Amendment right to keep and bear arms for self-defense is applicable to the states

Brown v. Board of Education (1954)

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Title IX of Education Act of 1972

Prohibited gender discrimination in federally subsidized education programs

clear and present danger test

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.

libel

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

defamation

Act of harming or ruining another's reputation

obscenity

A type of speech which is NOT protected by the 1st Amendment and which violates basic human decency

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. People worked together to change unfair laws. They gave speeches, marched in the streets, and participated in boycotts.

3rd amendment

government can’t force citizens to quarter soldiers

9th amendment

the bill of rights is not exhaustive; the people have rights that the BoR doesn’t give

10th amendment

any power not given to the federal government is for the states and/or people

equal protection vs due process

equal protection: govt and states can’t deny equal laws to any person

due process: govt has to apply due process before depriving anybody of life, liberty, or property

how is right to privacy described in 14th amendment

through due process; “liberty” = privacy

to who did the bill of rights only apply to at first

federal government

establishment clause:

government can not promote or establish a religion

free exercise clause:

government must allow people to freely exercise their religion

due process clause:

government can not deprive anybody of life, liberty, or property without due process

lemon test (three prongs?)

entanglement prong: the statute must not cause “excessive government entanglement” with religious affairs,

AND

effect prong: the statute cannot advance or prevent religious practice,

AND

purpose prong: the statute must have a secular, legislative purpose

19th century, belief that government can support ___ but not ___ in religion, and how did this change?

the belief was that the govt can support BELIEF but not CONDUCT, but now the government can only regulate SOME conduct if there is a compelling reason

strict scrutiny standard on religious freedom

the law must serve a COMPELLING INTEREST and apply the LEAST RESTRICTIVE MEANS

categories of speech that are not protected (may already have good enough flashcards)

obscenity, defamation, slander

clear and present danger vs imminent lawless action

clear and present danger: replaced by imminent lawless action, allowed restricting speech that could cause potential harm in the future

imminent lawless action: replaced clear and present danger, ONLY allows restriction if the speech is intended to cause IMMEDIATE lawlessness

what rights are and aren’t included with freedom of the press

are: boi look at all the other flashcards

aren’t: immunity from laws, defamation (libel/slander), obscenity, threats, confidenti

exceptions to prior restraint

if the media contains confidential information or presents clear and present danger

2 main views on how to interpret the second amendment

gun control: applies only to militias

gun rights: applies to self defense for individual citizens

heller v dc established that

individual ppl have the right to bear arms

congress can regulate firearms through which enumerated powers (3 answers)

taxing power, commerce clause, spending power

exclusionary rule can be found

NOT in the constitution, but derived from the fourth amendment

7th amendment

right to a jury trial in civil cases