AP Government: Judicial + "Required" SC Cases + Civil Liberties + Civil Rights (FOR M)

Schenck v United States (1919)

Defendant mailed fliers to draftees during WWI urging them to protest the draft peacefully. Was convicted of violating a federal law against encouraging the disobedience of military orders. Oliver Wendell Holmes wrote in the opinion that such speech was not protected during wartime because it would create a clear and present danger, establishing a standard for measuring what would and would not be protected speech. The question before the Court was the line between the effect of freedom of speech and national draft orders. Subsequent interpretations have refined the ruling. Constitutional provision: 1st amendment freedom of speech

Tinker V. Des Moines Independent Community School District (1969)

Students wore armbands to school to support a truce in the Vietnam War. The Court ruled that the wearing of the armbands was symbolic speech, protected by the First Amendment. The question before the court was of about whether students had 1st amendment rights. Decided they do as long as their speech isn't disruptive. 1st Amendment freedom of speech

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

The case in which the Supreme Court ruled that the U.S. government could not block the publication of secret Department of Defense documents illegally furnished to the Times by Daniel Ellsberg. Also called the Pentagon Papers case. This increased protection against prior restraint; based on 1st amendment freedom of the press

Gideon v. Wainwright (1963)

Gideon had to defend himself against a criminal charge because he could not afford a lawyer. The Court ruled that in state trials, those who cannot afford an attorney will have one provided by the state. Case is based on the 6th amendment right to counsel and incorporated the 6th amendment right to a lawyer through the due process clause of the 14th amendment.

Brown V. Board of Education of Topeka (1954)

The "separate but equal" doctrine as it applies to public education is unconstitutional; separate schools are inherently unequal. The court overturned Plessy v. Ferguson. Linda Brown wanted to attend the school closest to her home, which was white, instead of having to travel across town to the black school. Case is based on the equal protection clause of the 14th amendment.

Roe V. Wade (1973)

Roe wanted an abortion and was denied it by the state of Texas. Court decided women have an absolute right to an abortion in the first trimester of pregnancy based on a constitutionally protected right of privacy, the state can impose restrictions in the second and third trimesters. Decision is based on the implied right to privacy in the 4th and 9th amendments.

Marbury v. Madison (1803)

Established judicial review (the right to determine the constitutionality of laws)-under John Marshall

McCulloch v. Maryland (1819)

The courts ruled that the states cannot tax the federal government, i.e. the Bank of the United States; the phrase "the power to tax is the power to destroy"; the Court determined Congress has implied powers (under the necessary and proper clause) and that the federal government is supreme to the states (supremacy clause).

Engel v. Vitale (1962)

The state created a non-denominational prayer to be read in all schools. Student participation was voluntary. Court ruled that state-sponsored recitation of prayer in public schools violated the 1st Amendment's establishment clause. It also incorporated the establishment clause through the 14th Amendment's due process clause.

Baker v. Carr (1961)

The drawing of congressional district lines was determined by the state legislature and there were no guidelines regarding the number of people in each district. The Court established the principle of one man, one vote, requiring congressional districts to guarantee a more equitable system of representation by requiring each district to contain similar numbers of people. - The case also decided the Supreme Court had jurisdiction over questions of legislative apportionment. This was based on the 14th amendment equal protection clause.

U.S. v. Lopez (1995)

Congress enacted the Gun Free School Zones Act, which stated guns could not within a certain distance of a school. The Court decided the Act exceeded Congress's Interstate Commerce Clause power and was therefore unconstitutional. This is an example of devolution. The case is based on the Interstate Commerce clause.

Wisconsin v. Yoder (1972)

Amish parents wanted to remove their kids from public school after 8th grade. State law required students to attend public school until 16. The Court ruled that compulsory school attendance law was unconstitutional when applied to the Amish, because it violated their rights under the First Amendment, which guaranteed the free exercise of religion. Based on the free exercise clause of the 1st Amendment. Also incorporated the free exercise clause through the due process clause of the 14th amendment.

McDonald v. Chicago (2010)

Chicago banned all handguns within the city. McDonald sued the city claiming it violated his right to keep and bear arms. The Court decided the Second Amendment allows the people to keep and bear arms for protection. The case incorporated the 2nd amendment through the due process clause of the 14th amendment.

Citizens United v. Federal Election Commission

Citizens United created a movie/ad about Hilary Clinton. The FEC claimed it violated campaign finance laws restricting the spending by corporations on political candidates. The Court ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures as they are all people with 1st amendment rights of free speech.

Shaw v. Reno (1993)

Redistricting was done to increase racial representation in congressional districts. The Court decided racial gerrymandering was unconstitutional; race cannot be the sole or predominant factor in redrawing legislative boundaries. Based on the equal protection clause of the 14th amendment.

Judicial review

Power of the Supreme Court to rule laws unconstitutional.

III

Article of the Constitution that deals with the judicial branch

Federalist 78

written by Alexander Hamilton; talks about the federal judiciary; least dangerous branch, judiciary must depend on other two branches to uphold its decisions; importance of life terms to maintain independence; supreme court should have power of judicial review

Marbury v. Madison

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

stare decisis

A Latin phrase meaning "let the decision stand." The principle that the Supreme Court typically respects prior precedents and doesn't overrule previous decisions.

judicial activism

judicial philosophy in which the Supreme Court is very willing to use judicial review and rule actions/laws of the other branches unconstitutional. Now also used to explain instances when the Court overturns case precedent of SCOTUS itself.

judicial restraint

judicial philosophy in which the Supreme Court rarely uses the power of judicial review to overturn actions of the other branches. Now also used when SCOTUS adheres to current precedent of its own decisions.

criminal law

a system of law concerned with the punishment of those who commit crimes.

civil law

the system of law concerned with private relations between members of a community. One party suing another.

prosecution

A government body that brings charges against a person accused of breaking the law

Plaintiff

a person who brings a case against another in a court of law.

Defendant

an individual or group being sued or charged with a crime

Supreme Court

the highest federal court in the United States

Appeals Courts

a court that reviews decisions made in lower district courts (middle court in federal system)

District Courts

the lowest federal courts; federal trials can be held only here

Litmus test

A test of ideological purity used by recent presidents in selecting and senators in confirming judges to nominate to federal courts.

Senatorial courtesy

Presidential custom of submitting the names of prospective district court appointees for approval to senators from the states in which the appointees are to work.

Strict constructionist/originalist

Interpreting the Constitution according to the words and original meaning

Loose constructionist/living constitution

Interpreting the Constitution broadly, often considering factors (including perhaps evolving attitudes, circumstances, implications, etc.) other than the clear original meaning of the text.

Rule of Four

Requirement that a case can only be heard by the Supreme Court if at least four justices vote to hear the case

writ of certiorari

Order by the Supreme Court directing a lower court to send up the records of a case for review. Means the Supreme Court is going to hear the case.

Standing

a legal rule stating who is authorized to start a lawsuit

Majority opinion

the official ruling of the Supreme Court on a case, explaining how the decision was reached

Dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

Concurring opinion

An opinion written by a justice that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

Civil Liberties

constitutionally protected freedoms/rights that we have that government may not take away

Civil Rights

Rights that guarantee individuals freedom from discrimination. Typically grounded in equal protection clause of 14th amendment and specific laws such as the Civil Rights Act of '64.

Selective incorporation

The process by which the Supreme Court deems certain rights found in the Bill of Rights as essential to liberty and thus requiring protection from state and local governments. Originally, the Bill of Rights only limited what the national government could do. In time, the Supreme Court has interpreted the Fourteenth Amendment in a way that requires states to also respect many of these rights.

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 to national security. Come from Schenck case.

Prior restraint

government censorship of information before it is published or broadcast. NY Times v. US strictly limited the government's ability to engage in this.

Miranda Rights

A list of rights that police in the United States must read to suspects in custody before questioning them (right to remain silent, right to an attorney).

Bill of Rights

The first ten amendments to the Constitution

Establishment Clause

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

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with one's practice of religion.

Equal Protection Clause

One of the clauses in the 14th amendment. It requires states to treat people the same under the law, regardless of race, sex, or religion. Has been used to combat discrimination

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 Christians didn't speak out against racism. Advocated nonviolent protests to fight against segregation.

Civil Rights Act of 1964

Banned discrimination in public accommodations and outlawed discrimination in hiring

Title IX

A law that bans gender discrimination in schools that receive federal funds

Voting Rights Act of 1965

Made literacy tests illegal and created federal oversight of elections administration in states and local governments with a history of discriminatory voting practices by requiring permission (preclearance) before making any changes to voting law.

separate but equal doctrine

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

majority-minority districts

Drawing district boundaries to give a minority group a majority. Supreme Court has allowed to some degree but in extreme cases has ruled unconstitutional (Shaw v. Reno)

Affirmative Action

A policy in educational admissions or job hiring that gives special attention or compensatory treatment to traditionally disadvantaged groups in an effort to overcome present effects of past discrimination (race, ethnic origin, gender, disability, age). SCOTUS ruled unconstitutional if based on race.

13th Amendment

abolished slavery

14th Amendment

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

15th Amendment

gave African Americans (men) the right to vote

Jim Crow Laws

Laws designed to enforce segregation of blacks from whites (literacy tests, poll taxes, etc.)

19th Amendment

Gave women the right to vote

ERA

An amendment proposed to the Constitution stating that would have guaranteed equality of rights under the law, regardless of sex. Despite public support, the amendment failed to acquire the necessary support from three-fourths of the state legislatures.

amicus curiae

Translates to "friend of the court." Refers to interest groups or individuals, not directly involved in a suit filing legal briefs with the Supreme Court to support one side.

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Right to bear arms

3rd Amendment

Can't be forced to quarter troops in peace time

4th Amendment

Freedom from unreasonable searches and seizures and warrants without probable cause

5th Amendment

due process for the accused; no double jeopardy; protection from self incrimination (right to remain silent), eminent domain

6th Amendment

The right to a speedy trial by jury and representation by an attorney for an accused person (criminal cases)

7th Amendment

Right to a trial by jury in civil cases

8th Amendment

No cruel or unusual punishment

9th Amendment

Citizens have rights not listed in the Constitution

10th Amendment

Powers not given to federal government by the Constitution belong to the states

jurisdiction

The authority of a court to hear a case

direct incitement test

Test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.

Due Process Clause

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

fighting words

Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence. Not protected by the Constitution

hate speech

expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. Protected by the 1st Amendment.

slander/libel

Spoken false statements and written false statements that damage a person's reputation. Both can be regulated by the government.

Time, Manner, Place Restrictions

A restriction on the time, place, or manner of speech/expression. Restrictions may be justified when they are neutral as to content and serve a significant government interest.

de facto and de jure segregation

the first is segregation in practice (not necessarily illegal).The second is segregation by law (this is illegal);

Procedural Due Process

requires that government officials use methods that are not arbitrary when making and carrying out decisions affecting constitutionally protected rights ; procedural due process protections are reinforced by key protections enshrined in other provisions of the Bill of Rights and key legal doctrines established by the Supreme Court (ex: legal counsel, speedy and public trial, impartial jury, protection against warrantless searches, exclusionary rule, etc.)

Substantive Due Process

Judicial interpretation of the Fifth and Fourteenth Amendments' due process clauses that protects citizens from arbitrary or "unjust" state or federal laws. Has been used to create rights not otherwise found in the text of the Constitution but "implied" by parts of the Constitution (abortion, etc.)

Dobbs v. Jackson Women's Health Organization

a landmark decision of the U.S. Supreme Court in which the court held that the Constitution of the United States does not confer a right to abortion. Overturned Roe v. Wade.

Griswold v. Connecticut

SCOTUS interpreted the due process clause to protect the right of privacy from government infringement, despite privacy not explicitly mentioned in the Constitution.

Reynolds v. US

Court ruled that one cannot use religion as a defense to the crime of polygamy. Court ruled that religious practices that impair the public interest do not fall under the First Amendment.

Zelman v. Simmons-Harris

Supreme Court decision that upheld a state providing families with vouchers that could be used to pay for tuition at religious schools.

Brandenburg v. Ohio

Gov't can't punish or prohibit inflammatory speech unless it is likely to incite imminent lawless action.

DC v. Heller

the 2nd Amendment protects the right of individuals to possess a firearm for personal use; specifically, there is a constitutional right to keep a handgun in the home for self defense

Plessy v. Ferguson

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

Chaplinsky v. New Hampshire

(1942) The Court ruled that the first amendment did not protect "fighting words"

Employment Division of Oregon v. Smith

Case ruling that drug use for religious ceremonies is not protected under free exercise of religion

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 and slaves could not sue because they were not citizens

Buckley v. Valeo

A case in which the Supreme Court of the United States upheld federal limits on campaign contributions and ruled that spending money to influence elections is a form of constitutionally protected free speech. The court also stated candidates can give unlimited amounts of money to their own campaigns.

Mapp v. Ohio

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

New Jersey v. TLO

Supreme court case in which it was decided that a student may be searched if there is "reasonable ground" for doing so (probable cause not required in schools).

Terry v. Ohio

Police can do quick pat down search with only reasonable cause/suspicion instead of probable cause.

substantive due process

Judicial interpretation of the Fifth and Fourteenth Amendments' due process clauses that protects some rights that are not otherwise listed in the Bill of Rights, primarily through the language that the government can't take away one's "liberty" without due process of law.

Obergefell v. Hodges

Upholds same sex marriage via 14th amendment equal protection clause and due process clause (substantive due process).