AP Government Unit 3

Purpose of the Bill of Rights

Protect the civil liberties of the people

Enumerated Rights

Rights written within the first 8 amendments of the Constitution

Anti-Federalists

Wanted Bill of Rights to the Constitution and feared the central government gaining too much power (wanted the right explicitly stated)

Federalists

Believed that by listing specific rights, it may create future issues (additional rights could be taken away)

Establishment Clause

Separation of church and state:

No legal religious requirements for politicians:

Cannot create a national religion

Free Exercise Clause

Cannot prevent individuals from openly practicing their religion

Engel v Vitale

New York State had created a prayer to be recited at public schools.

6-1 in favor of Engel (families) Government had no right writing a prayer, and it breached the separation of church and state barrier.

Lemon v Kurtzman (1971)

Established that any statute must pass a 3 pronged test.

1. Purpose of the legislation must be secular, not religious

2. Primary effect must not advance or inhibit religion

3. Must avoid an excessive entanglement of government with religion

Wisconsin v Yoder (1972)

Amish community wanted their children after eighth grade to “work the land” rather than go to school.

In favor of the Amish parents. Free exercise clause was more important than school attendance. The school practices violated those of the Amish religion

Espionage Act of 1917

Makes it illegal to interfere with military recruitment

Prior Restraint

Government censors or suppresses material before it is published.

Symbolic Speech

Protected expression in the form of images, signs, and other symbols

Schenck v. United States (1919)

Schneck put anti-war leaflets and was charged under the espionage act. He appealed saying it violated the first amendment. Unanimous in favor of United States. Matter of national security. (espionage act was upheld)

Tinker v Des Moines Independent School District (1969)

3 students wore black armbands to protest the Vietnam War. They were suspended. Supreme court ruled 7-2 in favor of Tinker.

Libel

An untrue written statement that injures a person’s reputation

Slander:

An untrue spoken expression that injures a person’s reputation

District of Columbia v. Heller (2008)

Dick Heller was denied a permit to keep a gun in his home. 5-4 decision in favor of the Dick.

Mcdonald v. Chicago (2010):

First case to look at the Second Amendment in terms of state and local government. It was argued that the second amendment rights should extend to states since it was applied at the national level. 5-4 in favor of McDonald.

Ex post facto

Laws that criminalize conduct after it occurred

Bill of attainder:

Laws passed by Congress that punished individuals without a trial

Writ of Habeas Corpus:

Right that safeguards a person from illegal imprisonment (requires individuals to be brought before a court to determine whether they are being obtained legally)

Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.

Exclusion rule:

The rule that evidence obtained illegally may not be used against a person in trial. 

Katz v. United States (1967)

Now a warrant is needed to conduct a wiretap. (must have reasonable cause).

Patriot Act

Gave the government the right to access electronic surveillance

Civil Law:

Private disputes between people over property or relationships

Criminal Law

The legal restrictions that deal with crimes and their punishments

5th Amendment

 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia.

Grand jury:

A group of citizens who, based on the evidence presented to them as a jury, decide whether or not there is enough evidence to take the defendant to trial

Miranda Rights

The right to remain silent and to have an attorney present during questioning.

Double Jeopardy

Protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction.

Procedural due process:

Establishes a required plan the government must follow to ensure fair and equal trials

Substantive Due Process:

Provides protection of fundamental rights from the

Miranda v. Arizona (1966):

 Supreme Court ruled in favor of Miranda. Supreme Court ruled that defendants have to be made aware of their rights: Right to remain silent and right to an attorney. 

Sixth Amendment:

 Right to a speedy and public trial by an impartial jury wherein the crime shall have been committed. 

Gideon v. Wainwright (1963):

Unanimous in favor of Gideon. Used the 14th amendment to justify that criminal defendants have a right to an attorney in state court too. 

8th Amendment:

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

Selective Incorporation

Process through which the Supreme Court has

affirmed that almost all of the protections within the Bill of Rights also apply

to state governments

NYT v US (1971)

Nixon administration was trying to prevent the New York Times from publishing classified papers. Unanimous decision in favor of NYT: No censorship by the Executive branch unless Congress authorized it.

14th amendment

All people born or naturalized in the US are citizens of the US and the state they reside in. States can’t deprive people of their natural rights without due process of the law and can’t deny a person the equal protection of the laws

Civil Rights

Protections for individuals form discrimination and ensures equal treatment under the law

Equal Pay Act (1963)

Prohibit gender-based wage discrimination

Education Amendments of 1972

Federal law that prohibits sex based discrimination in any school, college, or education program that receives federal financial assistance (Enforcement overseen by the US Department of Education Office for Civil Rights)

Title VII of Civil Rights Act

Prohibits employment discrimination based on race, color, religion, sex and national origin

13th Amendment

Neither slavery nor involuntary servitude shall exist within the United States, or any place subject to their jurisdiction

15th Amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude

Plessy v. Ferguson (1896)

Plessy refused to give up his seat in a train car and argued that the “separate cars act” violated the 13th and 14th amendments. 7-1 in favor of Ferguson. Established the idea of separate but equal. Segregation was deemed as constituional as long as the facilities for blacks and whites were equal.

Brown v. Board of Education (1954)

Reviewed cases of black students who had been denied admission to some public schools due to laws that made this legal. Unanimously in favor of Brown. It violated the equal protection clause of the 14th amendment. Ended Segregation in all public schools

Little Rock Nine

Nine Black student were met with violent protesters at a high school in Little Rock. Eisenhower sent the US military to escort the students into school.

Civil Rights Act of 1957

Allowed for prosecution for any person that attempts to stop someone else from voting and set up commission to investigate voter fraud

Greensboro Four

Blacks were sometimes refused service at restaurants. Four college students refused to leave a lunch counter until they were served. Others joined for the sit in.

Civil Rights Act of 1964

Ended Segregation in public places and banned employment segregation

Fair Housing Act of 1968

Prevented Housing discrimination

Voting Rights Act of 1965

Outlawed literacy tests and prohibited racial discrimination in voting

Obergefell v Hodges (2015)

Questioned the legality of state bans on same sex marriages. 5-4 in favor of Obergefell. Declared Due Process Clause makes marriage a protected right. Stated that denying same-sex couples to marry violates the Equal Protection Clause