AP Gov: Unit 3

Engel v. Vitale

Public school broadcasts an optional prayer led by teachers. Unconstitutional, 1st Amendment, Establishment Clause, especially fears young impressionable students will feel forced to participate.

Griswold v. Connecticut

Connecticut wants to ban contraceptives. Unconstitutional, violates the 4th Amendment, and creates the Right to Privacy.

Gideon v. Wainwright

Gideon says that states must provide lawyers to defend criminal trials. Constitutional, 14th Amendment, Due Process Clause, the 6th Amendment, right to legal representation applies to states.s

Roe v. Wade

Roe wants the right to an abortion. Constitutional, 14th Amendment, Due Process Clause. Because the right to privacy within the 4th Amendment is applied to states, allowing women to have abortions up until the 3rd trimester.

Dobbs v. Jackson

Overturns Roe v. Wade, ruled that abortions aren’t protected by 14th Amendment, Due Process Clause. Strengthens state rights & weakens women’s bodily autonomy.

Wisconsin v. Yoder

The Amish want to withdraw their children from school because of their religious beliefs. Constitutional after they pass the 8th grade, 1st Amendment, Free Exercise Clause. It is not of significant government interest to keep the Amish children in school for 2 more years, and they don’t have a history of causing the government trouble.

New York Times v. US

NYT published Pentagon Papers. Constitutional, 1st Amendment, Freedom of Press. It would be unconstitutional to prevent the publication of something.

Schenk v. US

Schenck did anti-drafting speeches during a war. Unconstitutional, strong enough government interest to overrule 1st amendment, Freedom of Speech.

Tinker v. Des Moines

Public school forbids students to wear armbands to protest the war. unconstitutional, violates 1st amendment, Freedom of Speech. Although freedom of speech is weakened in public schools, students still have it as long as it isn’t disruptive to the learning experience.

McDonald v. Chicago

Chicago wants to restrict possession of firearm. Unconstitutional, creates the Due Process Clause within the 14th Amendment. Meaning that laws that apply to the country also apply to the state. So it violates the 2nd Amendment, Right to Bear Arms.

Brown v. Board of Education

Brown wants his child to attend a white school as a black student. Unconstitutional, 14th Amendment, Equal Protection Clause. No more “separate but equal“ and forbids people from being denied equal treatment.

Affirmative Action

Beyond equal opportunity & achieve equal results. Usually very bad execution, eventually ending the program

Freedom of Religion

Can be practiced, but there are limits such as no polygamy, or protection of sacred land. Animal sacrifice, and the Amish leaving school are okay.

Symbolic Speech

Actions and imagery that communicate a meaning. Included in 1st amendment, freedom of speech

Commercial Speech

This freedom is more limited than normal speech.

Libel

written defamation/slander, difficult to prove/win cases with. 1st amendment, freedom of speech

Prior Restraint

Is not allowed, cannot stop something from being published, but can ban it after publishing. 1st amendment, freedom of press.

Right to Associate

can be around other people that exercise the same first amendment rights as you do. 1st amendment, freedom of assembly

Search Warrant

Required for police searches, 4th amendment, freedom from unreasonable search

are situations that police are able to arrest without a warrant. 4th amendment, freedom from unreasonable search

Exclusionary Rule

prevents prosecutors from using illegally obtained evidence in trials. 4th amendment, freedom from unreasonable search

Right to Privacy

Implied liberty in the 1st, 3rd, and 4th amendments. Created by Griswold v. Connecticut.

Self Incrimination

Protected by the 5th amendment, intentional/unintentionally providing evidence that would get yourself in jail.

Entrapment

This violates the 5th amendment, because it coerces people into confession

Miranda Rights

What the 5th amendment is also called sometimes, named after the man who wasn’t told about his rights and was prosecuted for it

Plea Bargaining

Happens in most trails, helping both sides achieve a good middle ground. But forces states to provide public defendants.

No Cruel & Unsual Punishment

Protected by the 8th amendment, up to states to decide what its definition contains.

Penumbra

Not enumerated freedoms that are implied via numerated ones. 9th amendment

Powers of federal government not listed are given to the states

Promised by the 10th Amendment

Abolished Slavery

Declared with the 13th amendment

Civil Rights

the application of “all men are created equal” to other racial groups.

Jim Crow Laws

Laws in the south after the civil that finds ways to treat colored people discriminatory.

Incorporation

Applies laws that restrict the federal government to also apply to the states.

Due Process Clause

Incorporated all of the constitution to be applicable to states, 14th amendment

Standard of review

Classification system used by the equal protection clause, 14th amendment

Birthright Citizenship

Gave automatic citizenship to all persons born in the US. 14th amendment

Grandfather Clause & Literacy Tests

used to prevent people of color voting after the 15th amendment. Now violates Voting Rights Act, Section 2

White Primaries

used so that only white people can vote in primaries, after the 15th amendment.

Now violates the Voting Right Act, section 2

Poll Taxes

voting tax that targets people of color because most white people could afford it. After the 15th amendment.

Now protected by the 24th amendment

Civil Rights Act, Title II (2)

Prevents discrimination in public services and ares for people of color

Civil Rights Act, Title VI (6)

Will not receive funding from the federal government if they discriminate

Civil Rights Act, Title VII (7)

Prevents employment discrimination based on sex, color, religion, etc

Voting Rights Act, Section II (2)

Bans voting procedures with intention of stopping certain racial groups.

Voting Rights Act, Section V (5)

Required federal checks for certain states/counties to pass voting laws in fear of discriminatory laws from being put in place.

Strict Scrutiny

Inherent suspect, applied to race, nationality, and religion.

Is okay if there’s a compelling & necessary government interest. Very narrowly tailored

Intermediate Scrutiny

Heightened, applied to gender, Is okay if It is substantially related to an important government interest.

Rational Basis

Reasonable, applied to anything other than race & sex. Is okay if It is rationally related to a legitimate government interest.