AP GOV UNIT 5

Anti- Federalist Demand

Specific rights protections

James Madison’s Shift

Opposed —> Draft 12 amendments (10 ratified)

James Madison’s Shifts Purpose

Limit federal power, protect civil liberties

Civil Liberties

first 10 amendments

1st amendment

speech, religion, press, assembly, petition

4th amendment

no unreasonable searches/ seizures

5th- 8th amendments

fair trials, due process, no self- incrimination

9th amendments

unlisted rights protected

10th amendment

states retain non-federal powers

Incorporation Doctrine (14th Amendment)

orginal scope was that It was only applied only to federal government

in Barron v. Baltimore states not bound

in the 20th century selective incorporation via supreme court

pro gun arguments

self-defense, militia heritage, individual rights

gun control arguments

public safety, reducing violence, regulating access

NRA role

advocates for expanded gun rights

Procedural Due Processes

fair legal procedures (15th & 14th amendments)

Fourth Amendemnt & Exclusionary Rule Core Protections

No unreasonable searches/ seizures

Mapp v. Ohio

Evidence illegally obtained ecluded

EXCEPTIONS: "good faith,” inevitable discovery

New Jersey v. TLO

girl caught smoking cigarettes in the bathroom


Ruling lowered privacy expectation for students

Reasonable Suspicion vs. probably cause

Example: Backpack searches allowed for safety

Miranda V. Arizona

Right to remain silent, attorney

Impact is that the police must inform suspects of rights

Gideno v. Wainwright

states must provide attorneys

lawyers are necessities not luxuries

impact: public defenders for indigent defendants

grisworld v. Connecticut

grisworld established a constitutional “right to privacy” through penumbras of the the bill of rights

provided legal foundation for roes argument that abortion is a private descions

Conflict of Federalism in Roe v Wade

states rights: traditionally regulate health/morals (police powers)

federal Oversight: 14th amendment limits state laws violating individual liberties

outcome: federal courts overruled texas abortion ban, centralized abortion policy

Bakke Case

UC Davis reserved 16/100 medical school seats for minorities

ruling 5-4 quotas unconstitutional, but diversity a compelling interest

impact was that race as one factor allowed, strict scrutiny standard