AP GOV

How does the Bill of Rights attempt to limit the power of government?

Limits on the government's right to control specific civil liberties and rights.

Vague wording

The potential for the government to interpret the Bill of Rights in a way that restricts citizens' rights.

Competing rights

Conflicts that arise when one person asserts a constitutional right that conflicts with another person's assertion of a different right.

Due process clause

Denies the government the right to deprive people of life, liberty, and property without due process.

Incorporation of Bill of Rights

The application of certain rights protected by the Bill of Rights to the states, beginning in 1897.

Unincorporated rights

Parts of the Bill of Rights that have not been applied to the states, such as

The right not to have soldiers forcibly quartered in private homes (Third Amendment)

The right to be indicted by a grand jury before being tried for a serious crime (Fifth Amendment)

The right to a jury trial in civil cases (Seventh Amendment)

The ban on excessive bail and fines (Eighth Amendment)

Pure speech

Verbal expression of ideas using words or emotion to sway a voluntary audience.

Prior restraint

Censorship or rules that restrict what a newspaper can publish in advance. Media are generally free from prior restraint, except in cases involving illegal acts.

Charles Schenck

Printed and mailed fliers opposing conscription, violating the Espionage Act. The Court ruled that his speech posed a clear and present danger to the government's conscription efforts.

Tinker v Des Moines

Students retain their constitutional right to freedom of speech in public schools, including non-verbal forms of expression like wearing armbands to protest the Vietnam War.

Libel and slander

Written (libel) and spoken (slander) statements that defame the character of another person. To win in libel cases, people must prove that the statement was false. Public figures face a higher burden of proof, needing to show actual malice.

Symbolic speech

Non-verbal expression that makes a statement. The Supreme Court ruled that flag burning is protected as symbolic speech, unless it perpetuates an illegal act.

Limitations on symbolic speech

Symbolic speech has less protection than pure speech because it could open the door to permitting illegal actions if they were meant to send a message.

Unprotected speech

Speech that one pays to have the public hear, which the government can impose a total ban on (e.g., tobacco ads on TV).

Free exercise clause

Congress cannot restrict the exercise of religion.

Establishment clause

The Constitution erects a "wall of separation" between church and state, preventing government involvement with religion.

Engel v Vitale

School-sponsored prayer was ruled unconstitutional as it violated the Establishment Clause.

Disputes over the establishment clause

The meaning of the establishment clause has led to disputes over the intersection of religion and government, with the Court narrowing it down to three criteria.

"Wall of separation"

The phrase used by the Supreme Court to describe the establishment clause's meaning, which has caused disputes over the extent of separation between church and state.

Three-part test (Lemon test)

Criteria developed by the Court to evaluate religious activities conducted by the government: secular purpose, no advancement or inhibition of religion, and no excessive government entanglement with religion.

Limits on religious beliefs

Religious beliefs are not protected by the First Amendment when they violate social duties or laws binding other citizens.

Competing interests in Yoder

The state's views vs. the exercise of religion. The Court held that the Free Exercise Clause prevented the state from compelling Amish parents to send their children to formal secondary school beyond the age of 14.

Fourth, Fifth, Sixth, and Eighth Amendments

Protect the rights of those arrested, including protection against unreasonable searches and seizures, self-incrimination, right to a speedy trial, and prohibition of cruel and unusual punishment.

Exclusionary rule

Evidence illegally gathered by the police may not be used in a criminal trial. Exceptions include good faith, plain view, and public safety.

Miranda warning

Police must inform arrested persons of their rights before questioning. Must be given before any custodial interrogation.

Waiving rights

Suspects can waive their rights voluntarily.

Second Amendment

The right to bear arms, considered a "fundamental" right defended in court cases like McDonald v. Chicago and DC v. Heller.

What must be included in a search warrant? When can your house be searched without a warrant?

A search warrant must include the issuing court's name, specify if obtained orally, address the police officer, describe the property, and designate the place, premises, or person to be searched. Exceptions exist, allowing warrantless searches if there's imminent danger to life or clear evidence of illegal activity, like a gunshot.

Mapp v. Ohio (1961)

Evidence illegally gathered by the police may not be used in a criminal trial.

Gideon v. Wainwright (1964)

Persons charged with a crime have a right to an attorney even if they cannot afford one.

Miranda v. Arizona (1966)

Court describes warning that police must give to arrested persons.

Furman v. Georgia

The death penalty is unconstitutional under the Eighth Amendment prohibition against cruel and unusual punishment

Roper v. Simmons

It is unconstitutional to impose the death penalty for a crime committed by a child under the age of 18