Chapter 8 AP Government

Establishment Clause

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

Free Exercise Clause

Clause in the First Amendment that says Congress shall make no law prohibiting the people's right to practice religion.

Lemon Test (Lemon v. Kurtzman)

Three tests for deciding whether the government is improperly involved with religion. 1) Has a secular purpose. 2) Its primary effect neither advances nor inhibits religion. 3) It does not foster an excessive government entanglement with religion.

clear and present danger test

test determining when the government could limit speech -- in times when the speech could lead to harming the whole community (think during war or conflict)

libel

a published false statement

slander

spoken defamation

obscenity

indecent or offensive speech or expression

prior restraint

censorship of a publication before it is printed

2nd Amendment

Well regulated militia, right to keep and bear arms

4th Amendment

Freedom from unreasonable searches and seizures without a warrant

exclusionary rule

a practice that prohibits the use of illegally obtained evidence in a criminal trial

5th Amendment

The right to remain silent; protection from double jeopardy; right to due process

eminent domain

Power of a government to take private property for public use.

Due Process

following established legal procedures; fair treatment under a rule of law

self-incrimination

giving testimony that can be used against oneself

6th Amendment

The right to a speedy trial by jury; representation by an attorney

7th Amendment

The right to a trial by Jury in civil cases over $20

8th Amendment

No cruel or unusual punishment, no excessive bail

death penalty

capital punishment

9th Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

Penumbra Theory

Implied rights can be found in the shadows of enumerated rights

10th Amendment

Powers Reserved to the States

14th Amendment

Birthright citizenship; due process from state governments; equal protection of the laws from state governments

Incorporation

A process that extended the protections of the Bill of Rights against the actions of state and local governments

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.

amicus curiae brief

Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.

bill of attainder

a law that punishes a person accused of a crime without a trial or a fair hearing in court

Civil Liberties

Constitutional freedoms from government impositions guaranteed to all citizens

Civil Rights

Guarantees of equal treatment by government officials regarding political rights, the judicial system, and public programs

ex post facto law

a law that would allow a person to be punished for an action that was not against the law when it was committed

free expression

Right to free speech, of the press, Assembly, Petition the government (redress of grievances)

habeas corpus

a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

Mapp v. Ohio (1961)

Extended the Exclusionary Rule to the states, increasing the protections for defendants

Griswold v. Connecticut (1965)

Supreme Court decision in which the Court ruled that the Constitution implicitly guarantees citizens' right to privacy. (Married couple seeking birth control.)

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

Schenck v. United States (1919)

Speech creating a "clear and present danger" is not protected by the First Amendment

NY Times v. US

Reaffirmed no prior restraint, Pentagon Papers during Vietnam

Tinker v DesMoines Independent School District (1969)

Siblings wore armbands to school to protest the Vietnam War and were suspended after refusing to remove them. Ruling: Symbolic speech is protected if it causes no disturbance to the educational environment.

Roe v. Wade (1973)

The court legalized abortion by ruling that state laws could not restrict the practice during the first trimester. Based on doctor patient confidentiality (privacy).

Dobbs v. Jackson Women's Health Organization

Overturned Roe and Casey by establishing that privacy was not a protected Constitutional right; returned power to states to create laws concerning reproductive rights

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

McDonald v. City of Chicago (2010)

The 2nd Amendment right to keep and bear arms for self-defense in one's home is fully applicable to the states through the 14th Amendment. Chicago's ban on handguns was found to be unconstitutional and this case incorporated the 2nd Amendment.

Wisconsin v. Yoder (1972)

Compelling Amish students to attend school past the eighth grade violates the free exercise clause

Terry Stop

detaining, questioning and possible frisking of an individual based on an officer's reasonable suspicion of that individual's involvement in criminal activity

Gideon v. Wainwright (1963)

Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.

Miranda v. Arizona (1966)

5th Amendment self-incrimination clause requires government agents to warn suspects of their right to remain silent and/or contact an attorney before questioning them when they are in custody. Statements made without warning are inadmissible in court (like the exclusionary rule for evidence)