GOPO UNIT 3 STUDY GUIDE

Necessary and Proper Clause

Gives Congress the power to make all laws needed to carry out its expressed powers.

Establishment Clause

Prohibits the government from creating an official state religion or favoring one religion over another.

Free-Exercise Clause

Protects a person's right to practice their religion however they choose as long as it doesn't break the law.

Affirmative Action

A policy designed to provide equal opportunities for groups that have faced historical discrimination.

Selective Incorporation

The legal process where the Supreme Court applies portions of the Bill of Rights to the states using the 14th Amendment.

Bill of Rights - applies?

Originally it only applied to the federal government, but through selective incorporation, it now applies to state governments too.

Clear and Present Danger

A legal standard that says speech can be restricted if it creates an immediate threat to public safety.

1st Amendment Freedoms

Protects the five core liberties of religion, speech, press, assembly, and petitioning the government.

Due Process

The legal requirement that the government must respect all legal rights owed to a person and follow fair procedures.

5th Amendment

Guarantees rights like due process, protection from self-incrimination, and protection from double jeopardy.

Freedom of Speech

The right to express opinions and ideas without government interference or censorship.

Gideon v. Wainwright

Established that the 6th Amendment requires states to provide an attorney to defendants who cannot afford one.

New York Times v. U.S.

Also known as the 'Pentagon Papers' case, it protected freedom of the press by limiting 'prior restraint' (government censorship).

6th Amendment Protections

Guarantees the right to a speedy and public trial, an impartial jury, and the right to legal counsel.

Equal Protection

A 14th Amendment requirement that states must treat all individuals equally under the law.

Wisconsin v. Yoder

Ruled that Amish families' right to free exercise of religion outweighed the state's interest in mandatory school attendance.

Engel v. Vitale

Ruled that state-sponsored prayer in public schools violates the Establishment Clause of the 1st Amendment.

Miranda Warning

The requirement that police inform suspects of their right to remain silent and right to an attorney before questioning.

Mapp v. Ohio

Established the 'exclusionary rule,' meaning evidence obtained through illegal searches cannot be used in court.

4th Amendment Protections

Protects people against unreasonable searches and seizures by requiring a warrant or probable cause.