AP US Government Unit 3

Bill of Rights

First ten amendments to the Constitution; major source of civil liberties and rights

civil liberties

(negative rights); the government must refrain from interfering in your actions; examples include freedom of speech and the right to bear arms

civil rights

(positive rights); the government must take positive steps such as spending money or resources to provide you; examples include anti-discrimination laws and the right to trial by jury

arbitrary government action

unconstitutional; the government must act with always act with good reason in a fair an impartial manner (rational basis)

Engle v. Vitale

Mandatory prayer in public schools is a violation of the establishment clause

Wisconsin v. Yoder

Amish children do not have to go to school until they are 16---they may stop after the 8th grade because of the free-exercise clause

Establishment Clause

Sometimes called the "no establishment clause" and commonly referred to as the separation of church and state; prohibits government endorsement of a particular religion

symbolic speech

nonverbal communication, such as burning a flag or wearing an armband. Symbolic speech has some protection under the first amendment.

Tinker v. Des Moines

The case that ruled that students do not lose Constitutional rights when they enter the building but they can be limited if they cause a "substantial disruption"

content neutral

a requirement that allows the government to regulate assemblies based on time, place, and manner of assembly but not on the basis of what might be said

obscenity

not constitutionally protected; the work must lack serious literary, artistic, political, or scientific value to be labeled obscene (very difficult)

libel/slander

(written) (oral) false and malicious speech that is defamatory of an individual; not constitutionally protected

hate speech

words that attack groups such as racial, ethnic, religious, and sexual minorities; constitutionally protected unless it poses an "imminent threat"

Schenck v. US

speech may be prohibited if it poses a "clear and present" danger

New York Times v. US

"heavy presumption against prior restraint" in national security cases

Second Amendment

Right to bear arms; the Court ruled gun ownership is an individual right; reasonable restrictions may be placed on guns

death penalty/capital punishment

constitutionally permissible under the 8th Amendment; the Supreme Court ruled judges can no longer hand out death sentences - a separate jury trial is needed to sentence someone to death

Fourth Amendment

Protects against unreasonable search and seizures without a warrant or probable cause.

Fourth Amendment Exceptions

emergencies; plain sight; permission

McDonald v. Chicago

Incorporated the 2nd Amendment right to bear arms to the states

Miranda Rule

the Fifth and Sixth Amendment constitutional rights which police must read to a suspect before questioning can occur

6th Amendment

right to legal counsel; speedy and public trial; impartial jury

Patriot and USA Freedom Acts

allow the government to do searches without a warrant that include electronic "addressing information"; electronic "incidental information"; cell phone location data may NOT be accessed without a warrant

Gideon v. Wainwright

right to attorney for any serious crime even if you cannot afford one

exclusionary rule

under the Fourth Amendment; improperly gathered evidence may not be introduced in a criminal trial

right to privacy

interpreted by the Supreme Court to entail individual access to birth control and abortions; based on the "penumbras" resulting from the "emanations" resulting from the 1st, 3rd, 4th, 5th and 9th amendments

Roe v. Wade

Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the unborn during the third trimester.

Equal Protection Clause

14th amendment clause that limits the ability of states to discriminate

Due Process Clause

Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law.; often used to combat discrimination

Affirmative Action

A policy used to address "recent, past discrimination"; may not use quotas

Letter from Birmingham Jail

written by MLK, Jr.; self-purification, collecting information, direct action, and negotiation are necessary for a nonviolence campaign; no more waiting

Obergefell v. Hodges

States cannot refuse to issue marriage licenses to same-sex couples

National Organization for Women (NOW)

organization calling for women's rights including the right to an abortion

National Right to Life Committee

organization that works through legislation and education to work against abortion, infanticide, euthanasia and assisted suicide

Brown v. Board of Education

court found that racial segregation in public schools was a violation of the Equal Protection clause; "separate but equal" has no place

Brown II

ordered school desegregation implemented "with all deliberate speed"; this led to long delays in integration

prior restraint

government censorship of information before it is published or broadcast

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.