AP Gov - Unit 3 Test

Chapters 8 and 9

First Amendment

Freedom of speech, religion, press, assembly, and petition

Second Amendment

Right to keep and bear arms

Third Amendment

Protection against quartering of soldiers

Fourth Amendment

Protection against unreasonable searches and seizures

Fifth Amendment

Right to due process of law and protection against self-incrimination

Sixth Amendment

Right to a fair and speedy trial, including the right to an impartial jury and the right to be informed of the charges

Eighth Amendment

Protection against excessive bail and fines, and cruel and unusual punishments

Ninth Amendment

Citizens have rights beyond the Bill of Rights

Tenth Amendment

Powers not delegated to the federal government by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people

Selective incorportation

A process by which the Supreme Court incorporates provisions of the Bill of Rights into the 14th Amendment's Due Process Clause, making them applicable to the states

Fourteenth Amendment

Provides equal protection under the law to all citizens and ensures that the government does not act arbitrarily or unjustly

Due Process Clause

no state can deny a person life, liberty, or property without due process of law

Civil liberties

the basic rights and freedoms guaranteed to individuals by the Constitution and other laws

protection from the government

Civil rights

laws protecting against discrimination by both the government and individuals

protection by government

Schenck v. United States (1919)

Amendment: First, speech

Background: Schenck distributed anti-draft pamphlets during WWI

Decision: United States

Impact: speech will be restricted if it imposes danger

Clear and present danger test

speech that poses immediate danger is not protected by the First Amendment

Brandenburg v. Ohio (1969)

Amendment: First, speech

Background: KKK leader, Brandenburg, made a speech at rally

Decision: Brandenburg

Impact: two-pronged test for restricting speech (1. directed at inciting imminent lawlessness, 2. likely to produce violence)

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

Amendment: First, speech

Background: Tinkers plan Vietnam War protest at schools using black armbands

Decision: Tinker

Impact: students have a right to protest, don’t lose their rights at the door

Morse v. Frederick (2007)

Amendment: First, speech

Background: “Bong Hits 4 Jesus” sign at school event

Decision: Morse (school)

Impact: students rights to political expression are not absolute

Prior restraint

the suppression of material prior to publication on the grounds that it might endanger national security

New York Times v. United States (1971)

Amendment: First, press

Background: NYT sued for publishing Pentagon Papers

Decision: NYT

Impact: the press allows citizens to know what’s going on with their government

De Jonge v. Oregon (1937)

Amendment: First, assembly

Background: De Jonge endorses Communist ideas at party meeting, not violence

Decision: De Jonge

Impact: First Amendment applies to states (selective incorporation)

D.C. v. Heller (2008)

Amendment: Second

Background: D.C. passed handgun ban

Decision: Heller

Impact: citizens have a right to own firearms

McDonald v. Chicago (2010)

Amendment: Second

Background: Chicago passed handgun ban

Decision: McDonald

Impact: Second Amendment applies to states (selective incorporation)

Gideon v. Wainwright (1963)

Amendment: Sixth

Background: Gideon was denied an attorney and had to defend himself, and he lost; appealed and got a new trial with an attorney

Decision: Gideon

Impact: Sixth Amendment applies to states (selective incorporation)

Mapp v. Ohio (1961)

Amendment: Fourth

Background: police seized evidence without a warrant and tried to use it in court against her

Decision: Mapp

Impact: established exclusionary rule; Fourth Amendment applies to states (selective incorporation)

Exclusionary rule

evidence obtained without a warrant (illegally) is inadmissible in court

Miranda v. Arizona (1916)

Amendment: Fifth

Background: Miranda confesses to rape without being told/enacting his rights; witness against himself

Decision: Miranda

Impact: established Miranda rights

Miranda rights

A warning read by law enforcement to criminal suspects informing them of their rights, including the right to remain silent and the right to an attorney

Griswold v. Connecticut (1965)

Amendment: Fourteenth

Background: Griswold’s feminine health clinic directly breaks New Haven law and she is arrested

Decision: Griswold

Impact: established a constitutional right to privacy

Which Amendments implicitly protect privacy?

First (religion), Third (quartering), Fourth (searches & seizures), and Ninth (rights not listed)

Roe v. Wade (1973)

Amendment: Fourteenth

Background: Roe was denied an abortion

Decision: Roe

Impact: established a woman's legal right to have an abortion under the constitutional right to privacy, invalidating 46 states’ abortion laws

Dobbs v. Jackson Women’s Health Organization (2022)

Amendment: Fourteenth

Background: Mississippi had a law that banned abortions after 15 weeks of pregnancy

Decision: Dobbs (Mississippi)

Impact: overturned Roe v. Wade precedent, the Constitution does not guarantee a right to abortion, transferred the authority to regulate abortion back to the states

Rehabilitation Act of 1973

first federal law prohibiting Americans with disabilities from discrimination when hiring, from contractors, and by federally funded programs (section 504)

Americans with Disabilities Act of 1990

banned employment discrimination and discrimination by public accommodations, new construction, and new buses

unfunded mandate

Thirteenth Amendment

abolished slavery

Fifteenth Amendment

gave African American men the right to vote

Brown v. Board of Education (1954)

Background: Linda Brown travels very far to attend a black-only school; the separation of the races does harm

Decision: Brown

Impact: declared racial segregation in public schools unconstitutional, overturned Plessy precedent (“separate but equal”)

De jure segregation

separation of people imposed by law

De facto segregation

separation of people by other circumstances

Affirmative action

policies and programs aimed at promoting equal opportunity and diversity in areas such as education and employment

Regents of the University of California v. Bakke (1978)

Amendment: Fourteenth

Background: Bakke was denied admission because of a race-based quota even though he was qualified

Decision: Bakke

Impact: race-based quotas are unconstitutional, but race can be a factor for admission (affirmative action programs are constitutional)

Students for Fair Admissions v. Harvard (2023)

Amendment: Fourteenth

Background: Asian students feel they are being rejected because of their race

Decision: Students for Fair Admissions

Impact: affirmative action programs ruled unconstitutional; overturned Grutter v. Bollinger; experience > race

Civil Rights Act of 1964

prohibits discrimination based on race, color, religion, sex, or national origin in various aspects of public life, including employment and education

Voting Rights Act of 1965

aimed to eliminate racial discrimination in voting

Twenty-Fourth Amendment

made it illegal to use poll tax as a prerequisite for voting in federal elections

Harper v. Virginia State Board of Elections (1966)

dual election system declared unconstitutional

Title IX

prohibits discrimination based on sex in any educational program or activity receiving federal financial assistance