AP US GOV foundational stuff

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34 Terms

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First Amendment

Freedom of Religion (Establishment & Free Exercise Clauses), Speech, Press, Assembly and Petition

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Second Amendment

The Right to Keep and Bear Arms

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Third Amendment

No quartering of soldiers in homes during peace time

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Fourth Amendment

No unreasonable searches and seizures without a warrant

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Fifth Amendment

May have a grand jury, no double jeopardy, no self-incrimination

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Sixth Amendment

Speedy and public trial, Miranda Rights, Assistance of Counsel

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Seventh Amendment

Right to a jury in civil trials

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Eighth Amendment

No excessive bail, no cruel and unusual punishment

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Ninth Amendment

The rights of the people are not just the rights described in the Constitution

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Tenth Amendment

The government only has the rights expressly written in the US Constitution

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Necessary and Proper Clause (Elastic)

Congress can make any law that it feels is necessary and proper

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Supremacy Clause

The national government is supreme and above state governments

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Commerce Clause (Interstate)

Congress can regulate commerce with foreign nations and between different states

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Full Faith and Credit Clause

All states have to follow the records made in other states

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Due Process Clause (5th Amendment)

No person shall be deprived of life, liberty or property without due process of law

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Due Process Clause (14th Amendment, Selective Incorporation)

Applies to states and no person shall be deprived of life liberty or property without due process of law

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Equal Protection Clause (14th Amendment)

States must apply the law equally and can not discriminate against people or groups of people

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Establishment Clause (1st Amendment)

Congress can not make a national religion

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Free Exercise Clause (1st Amendment)

All people can practice their religion

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US v. Lopez

The government does not have unlimited power under the Commerce Clause

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Engel v. Vitale

1st Amendment, Establishment Clause - Public schools cannot require prayer in classrooms.

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Tinker v. Des Moines

1st Amendment, Freedom of Expression - Students have the right to symbolic speech if it does not disrupt learning.

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McCullough v. Maryland

The Necessary and Proper Clause allows Congress to pass "appropriate and legitimate" legislation

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Wisconsin v. Yoder

1st Amendment, Free Exercise Clause - The government cannot restrict the free exercise of religion in public schools

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Gideon v. Wainwright

6th Amendment - The Right to Counsel, paid for by the state

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Schenck v. US

1st Amendment, Freedom of Speech - Limits on Free Speech if "Clear and Present Danger"

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NY Times v. US

1st Amendment, Freedom of the Press - No prior restraint against the Press that restricts what they publish

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McDonald v. Chicago

14th Amendment, Incorporation - States must incorporate the Second Amendment to all states

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Roe v. Wade

14th Amendment, Implied Right to Privacy - An abortion is a woman's private decision

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Baker v. Carr

One Man, One Vote - Courts have the right to review district lines and must be evenly drawn

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Citizens United v. FEC

1st Amendment, Freedom of Speech - Corporations have the same free speech as any citizen

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Shaw v. Reno

Drawing district lines based just on race is unconstitutional

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Brown v. Board of Education

14th Amendment, Equal Protection Clause - "Separate but equal" is unconstitutional in public schools

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Marbury v. Madison

SCOTUS has Judicial Review (the power to determine if cases are constitutional)