AP Government Unit 3

Bill of Rights

(10 Amendments) List of rights/freedoms

1st Amendment

Legislative can’t restrict rights - Religion, speech, press, assembly, protest

2 - 3 Amendment

Executive branch - Firearms, military, quartering homes

4 - 8 Amendment

Judiciary - Accused, tried, convicted people

9th amendment

Citizens have more rights

10th Amendment

Reserved powers

Civil rights

Equality

Civil liberties

Liberties gov’t shouldn’t infringe - Bill of rights

Procedural Due Process Clause

14th Amendment restricts states from denying life, liberty, property

Selective Incorporation

Most protections in Bill of Rights apply to states too

Establishment clause

Citizens can’t be forced into religion

Free exercise clause

Right to exercise relgion

Engel v Vitale

Establishment clause - NY incorporated voluntary prayers into Engel’s child’s school

Lemon Test

Test for permissible gov’t involvement in religious institutions

Wisconsin v Yoder

Free Exercise clause - Amish family (Yoder) disagreed with Wisconsin’s law to make mandatory state education until 16 years

Coercion test

No prayer in schools so widely attended it seems mandatory

Clear and present danger test

Can’t threaten national security

Direct incitement test

Is it causing imminent violence?

Freedom of Expression

Affirm 1st amendment - Speak, publish, protest

Prior restraint

Gov’t censors material before publishment

Symbolic speech

Protected expression in form of symbols

Libel

False written statement injuring reputation

Slander

Untrue spoken statement injuring reputation

Obscenity and pornography

Depict sexual activity

Warrant

Judge issued document allowing search

Probable cause

Reasonable belief a crime has occured

Exclusionary rule

Evidence taken w/ out a warrant isn’t allowed in court

Grand jury

Based on evidence, decide if enough to take defendant to trial

Double jeopardy

Can’t be charged w/ the same crime

Self-incrimination

Can’t be forced to testimony

Miranda rights

Right to silence and attorney during questioning

Bail

Amount of money paid for freedom awaiting trial

Substantive due process

Is the law fair?