AP Gov - Unit 1

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27 Amendments, Notable Court Cases, and Key Terms

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145 Terms

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Bill of Rights

First 10 amendments to the US Constitution

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1st Amendment

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

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2nd Amendment

Right to bear arms

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3rd Amendment

Prohibits quartering of soldiers in homes during peacetime

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4th Amendment

Protects against unreasonable searches and seizures

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5th Amendment

Protects against double jeopardy, self-incrimination, and deprivation of life, liberty, or property without due process

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6th Amendment

Right to a speedy trial, jury trial, and attorney

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7th Amendment

Right to a jury trial in civil cases

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8th Amendment

Prohibits excessive bail, fines, and cruel and unusual punishment

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9th Amendment

Protects non-enumerated rights

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10th Amendment

Reserves powers not granted to the federal government to the states or people

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11th Amendment

Limits federal court jurisdiction in suits against states

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12th Amendment

Modifies the electoral college process, electors must cast separate votes for president and vice president

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13th Amendment

Abolishes slavery

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14th Amendment

Guarantees citizenship, due process, and equal protection

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15th Amendment

Grants African American men the right to vote

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16th Amendment

Authorizes federal income tax

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17th Amendment

Allows for direct election of senators

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18th Amendment

Prohibits the sale of alcohol (Prohibition)

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19th Amendment

Grants women the right to vote

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20th Amendment

Sets terms for President, Vice President, and Congress; establishes succession

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21st Amendment

Repeals Prohibition

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22nd Amendment

Limits presidents to two terms

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23rd Amendment

Grants the District of Columbia electoral votes

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24th Amendment

Prohibits poll taxes

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25th Amendment

Addresses presidential succession and disability

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26th Amendment

Lowers the voting age to 18

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27th Amendment

Limits congressional pay raises during a session

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Marbury v. Madison

Established the power of judicial review

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Gibbons v. Ogden

Federal government has power to regulate interstate commerce

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Barron v. Baltimore

Bill of Rights only restricts the powers of the federal government not the state governments

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Gitlow v. New York

Government can limit speech that threatens national security

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Lemon v. Kurtzman

Government aid to religious schools must have a secular purpose

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Zelman v. Simmons-Harris

Government vouchers for private schools, including religious ones, are constitutional

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Engel v. Vitale

School-sponsored prayer in public schools is unconstitutional

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School District of Abington Township v. Schempp

Bible readings in public schools are unconstitutional

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Near v. Minnesota

Government cannot censor the press in advance

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Schenck v. United States

Speech can be limited if it presents a clear and present danger

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Obscenity

Material not protected by the First Amendment

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Prurient interests

Sexual desires or interests

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Libel

False statement damaging a person's reputation

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Flag burning

Protected symbolic speech

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Search warrant

Authorization to search premises

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Exclusionary rule

Illegally obtained evidence cannot be used in court

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Miranda rights

Rights read to suspects before questioning

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Gideon's right

Right to a lawyer if cannot afford one

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Death penalty

Not inherently cruel and unusual punishment

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Racial bias

Prejudice based on race

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Abortion rights

Protected under the Constitution

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Undue burden

Standard for evaluating restrictions on abortion

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Slave rights

No rights as a citizen if escaped to a free state

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Segregation

Separation of races

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Equal protection

Guarantee under the Fourteenth Amendment

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Discrimination

Unfair treatment based on characteristics

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Legal segregation

Ended by Brown v. Board of Education

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Hispanic protection

Extended by Hernandez v. Texas

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United States (1944)

A 1944 Supreme Court decision upholding the internment of Americans of Japanese descent during World War II.

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Reed v. Reed (1971)

Landmark 1971 case where the Supreme Court upheld a claim of gender discrimination.

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Craig v. Boren (1976)

1976 ruling establishing the 'intermediate scrutiny' standard for gender discrimination.

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

1978 decision allowing race consideration in admissions but not setting aside spots for specific racial groups.

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Adarand Constructors v. Pena (1995)

1995 decision deeming race-based federal programs unconstitutional.

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Scott v. Sandford (1857)

1857 ruling denying rights to escaped slaves in free states.

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Plessy v. Ferguson (1896)

1896 decision justifying segregation under 'separate but equal.'

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Brown v. Board of Education (1954)

1954 decision deeming school segregation unconstitutional.

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Hernandez v. Texas (1954)

1954 decision extending discrimination protection to Hispanics.

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Korematsu v. United States (1944)

1944 decision upholding internment of Japanese Americans during WWII.

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Constitution

A nation's fundamental law establishing political institutions, powers, and citizen guarantees.

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Unwritten

Can be either written or unwritten

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Supersedes

Ordinary law

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Individual rights

Guaranteed by constitutional law

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Checks on power

Allow for decentralization and guarantee individual rights

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Declaration of Independence

Formal document declaring independence of American colonies from Great Britain

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Natural Rights

Basic freedoms every person is born with

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Consent of the Governed

Government gets power from people and rules with their approval

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Limited Government

Government with rules limiting its power to protect people's rights

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Articles of Confederation

First set of rules for governing the US after independence

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Shays' Rebellion

Protest showing weakness of government under Articles of Confederation

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U.S. Constitution

Set of rules governing the US today, replaced Articles of Confederation

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Factions

Groups working together with similar ideas to achieve goals

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New Jersey Plan

Organized US government with equal state power

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Virginia Plan

Organized US government with power based on state population

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Connecticut Compromise

Combined New Jersey and Virginia Plans to create current government

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Writ of Habeas Corpus

Legal document protecting people from unfair imprisonment

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Separation of Powers

Government divided into legislative, executive, and judicial branches

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Checks and Balances

System where each government part limits power of others

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Republic

Government where people elect representatives to make decisions

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Federalists

Supporters of the US Constitution and strong federal government

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Anti-Federalists

Opponents of the US Constitution wanting more state power

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Federalist Papers

Essays explaining and defending the US Constitution

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Equal Rights Amendment

Proposed change guaranteeing equal rights for women

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Judicial Review

Power of Supreme Court to decide law constitutionality

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Federalism

System with shared power between federal and state governments

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Unitary Governments

Centralized power with no power sharing

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Intergovernmental Relations

Cooperation among federal, state, and local governments

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Supremacy Clause

Federal law highest, overrides state law in conflicts

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Tenth Amendment

Powers not federal belong to states or people

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Maryland

Famous court case establishing implied powers of the federal government

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Enumerated Powers

Specific powers listed in the federal Constitution

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Implied Powers

Inferred powers to carry out enumerated powers at the federal level

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Elastic Clause

Also known as the Necessary and Proper Clause, grants Congress the power to make laws needed to execute its other powers