AP Gov and Politics U-3

First Ammendment

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

Second Ammendment

The right keep and to bear arms

Third Ammendment

Prohibits the quartering of soldiers in private homes without consent.

Fourth Ammendment

Protection against unreasonable searches and seizures.

Fifth Ammendement

protects against self-incrimination, double jeopardy, and ensures due process of law

Sixth Ammendment

Guarantees the right to a fair and speedy trial, an impartial jury, and the right to counsel (lawyer).

Seventh Ammendment

guarentees the right to an impartial jury of your peers

Eigth Ammendment

prohibits excessive bail and use of cruel and unusual punishment

Ninth Ammendment

protects rights of the people from the federal government not ennumerated in the bill of rights

Tenth Ammendment

Leaves those rights not delegated to the federal government to the states to decide

Fourteenth Ammendment

grants citizenship and equal protection under the law to all persons born or naturalized in the United States. (equal protection clause)

Civil Rights

the rights of citizens to political and social freedom and equality, ensuring protection from discrimination.

Civil Liberties

Protections enstilled to the rights of the people from the federal government as listed in the bill of rights

Bill of Rights

a list of fundamental rights and freedoms agains the federal government that an individual possesses

Due process clause

Clause in the 14th ammendent that restricts state government from denying citizens their life, liberty, or property without due process of law

Due process clause location

ammendment 14

selective incorporation

the way in which the SCOTUS applies the bill of rights to the states based upon the circumstances of each individual case which has affirmed that the BOR applies to the states.

equal protection clause

a clause in the 14th ammendment affirming that no states can deny citizen rights and provides equal protection to all citizens under the law.

equal protection clause location

ammendment 14

engle v vitale details

Courts established that school sponsored prayer, even if its voluntary, is unconstitutional, violating the Establishment Clause of the First Amendment.

engle v vitale significance

the SC decision reinforced the principal of seperation of church and state while setting principal for subsequent cases about religion in public schools. It clarified that government involvement in sponsered prayer is a violation of the establishment clause.

wisconsin v yoder details

an Amish family who lived in wisconsin were proscecuted under state law that required children to attend school until they were atleast 16. Yoder and company sued based on the principal that any additional schooling after 8th grade went against their religious practices and won.

wisconsin v yoder significance

set precedent for subsequent cases regarding expression of religion (in favor of the people)

establishment clause

clause in the first ammendment that protects the people from a government requiring them to join or a support a religion.

free excersize clause

clause in the first ammendment that protects the rights of individuals to excersize and express their religious beliefs.

lemon test

three pronged test for depicting allowable government funding for private schools.

lemon test rules

1. funding must be for non-religous purposes (underlying stature must have secular legislative purpose) 2. the government cannot give money which either allows nor inhibits religous practice 3. Funding must be unconditional (funding must not foster excessive entanglement between govt. and religion)

prior restraint

the supression of (press) material before it is published on the grounds that it may endanger national security

clear and present danger test

stemmig from Schenck v. US about how false speech posing an immediate and serious threat to national security is not protected by the freedom of speech

Schenck v United States

Charles schenck and elizabeth baer oversaw the printing of anti-war leaflets encouraging young men to not comply with the draft ( which was illegal due to the espionage act)