Ap gov Unit 3 review

Limit governmental power

The primary purpose of the Bill of Rights is to:

2. The process by which the Supreme Court has applied the Bill of Rights to the states is known as

Incorporation

Incorporation is based on which constitutional provision?

Due Process Clause of the 14th Amendment

The Establishment Clause prohibits the government from

Favoring or establishing a religion

In Engel v. Vitale, the Supreme Court ruled that

School-sponsored prayer violates the Establishment Clause

In Wisconsin v. Yoder, the Court ruled that

Religious liberty outweighed the state’s education interest

The Court’s ruling in Schenck v. United States established that

Speech may be restricted during wartime

Which of the following is NOT protected by the First Amendment?

Slander

In Tinker v. Des Moines, the Court ruled that students

Retain First Amendment rights at school

The concept of prior restraint refers to

Government censorship before publication

In New York Times Co. v. United States, the Court ruled that

There is a heavy presumption against prior restraint

The Supreme Court recognized an individual right to bear arms in

District of Columbia v. Heller

McDonald v. Chicago is significant because it

Incorporated the Second Amendment to the states

The Fourth Amendment protects against

Unreasonable searches and seizures

The exclusionary rule states that

Evidence obtained illegally cannot be used in court

In Gideon v. Wainwright, the Court ruled that states must

Provide attorneys to defendants who cannot afford one

The Miranda rule protects which constitutional rights?

Fifth and Sixth

The right to privacy is primarily derived from

Implied rights and substantive due process

Griswold v. Connecticut established a constitutional right to

Privacy in contraception

The 2022 decision in Dobbs v. Jackson Women’s Health Organization

Overturned Roe and returned authority to the states

Civil rights differ from civil liberties because civil rights

Protect groups from discrimination

The Equal Protection Clause is found in the

Fourteenth Amendment

The Civil Rights Act of 1964 prohibited discrimination in

Public accommodations and employment

Congress justified the Civil Rights Act of 1964 primarily using its

Commerce Clause power

The Voting Rights Act of 1965 banned

Literacy tests

The Equal Pay Act of 1963 requires

Equal pay for equal work

Title IX prohibits discrimination based on

Sex/gender

The doctrine of “separate but equal” was established in

Plessy v. Ferguson

Brown v. Board of Education ruled that segregated public schools

Violated the Equal Protection Clause

A colorblind interpretation of the Equal Protection Clause would MOST likely oppose

Affirmative action policies

Clarence Gideon was originally charged with

Breaking and entering

Why did Gideon represent himself at trial?

He could not afford one and the court denied appointment

The trial judge denied Gideon a lawyer based on which Supreme Court precedent?

Betts v. Brady

Gideon’s appeal relied primarily on which constitutional amendment?

Sixth Amendment

Gideon submitted his appeal to the Supreme Court while

In state prison

Why did the Supreme Court agree to hear Gideon’s case?

The constitutional issue affected many defendants

Who was appointed to represent Gideon before the Supreme Court?

Abe Fortas

Florida argued that the right to counsel should

Be optional for states

The Supreme Court’s decision required states to provide lawyers in

Felony criminal cases

The Supreme Court vote in Gideon v. Wainwright was

9–0

Gideon v. Wainwright overturned which case?

Betts v. Brady

The legal principle that applied the Sixth Amendment to the states is known as

Selective incorporation

 

After the Supreme Court ruling, Gideon

Received a new trial

With legal counsel, Gideon was

Acquitted

Gideon’s handwritten appeal demonstrates the importance of

Access to the courts

The movie’s title refers to

A biblical symbol of a small voice creating great change

Gideon’s original trial best illustrates which problem?

Unequal access to justice

The Florida prison system estimated that how many inmates had been tried without counsel?

About 4,000

Which constitutional principle is MOST strengthened by the Court’s ruling?

Due process of law

The overall significance of Gideon’s case is that it

Expanded civil liberties nationwide

Constitutional protections against infringement by the government.

Civil Liberties

Policies that protect people from arbitrary or discriminatory treatment by the government; ensures equal protection of the laws.

Civil Rights

14th amendment clause that protects individuals from infringements by the government and has been used to incorporate civil liberties to the states.  

Due Process Clause

14th amendment clause that declares states cannot unreasonably discriminate against individuals; has been used to incorporate civil rights.

Equal Protection Clause

The process of gradually applying the Bill of Rights to the states. 

Selective Incorporation

Censorship of a publication before it is printed; typically not allowed under the law.

Prior Restraint

This standard, set forth in Schenck v. U.S., declares that speech is not covered by the 1st amendment if it poses a public threat.

Clear and present danger test

Written expression that is both false and malicious.

libel

Spoken expression that is both false and malicious.

Slander

 

Expressing a political message through an action.

Symbolic Speech

First Amendment requirement that allows people to practice whatever religion they choose.

Free exercise Clause

First amendment provision that declares the government may not declare a national religion or give preference to one religion over another. 

Establishment Clause

Policy that police officers must inform all suspects of their rights before questioning.

Miranda Rule

This standard states that evidence gained without a proper warrant may not be used in a criminal trial.

Exclusionary Rule

This provision states that an individual may not be tried for the same crime twice. 

Double Jeopardy

A court order signed by a judge that authorizes law enforcement to conduct a search of a person, property, or location.

Search Warrant

Reasonable foundation for issuing a search warrant or making an arrest; more than mere suspicion.

Probable Clause

Doctrine established in Plessy v. Ferguson that segregated facilities may be established for different races and still be considered equal

Separate But Equal Doctrine

Which Supreme Court case overturned Plessy vs. Ferguson?

Brown vs. Board

Which foundational document was written in response to white southern religions leaders defending strategies in the Civil Rights Movement?

Letter from a Birmingham Jail

Racial segregation enforced by law.

De jure segregation

Racial segregation that occurs not as a result of the law, but as a result of residential patterns and customs.

De facto segregation

Opposing a law considered unjust by peacefully disregarding it and accepting the resulting punishment

Civil Disobedience

Positive steps taken by the government to increase minority participation in some institutions by appointing or giving preference to more minority-group members

Affirmative Action

Law that prohibited segregation in public accommodations and banned employment discrimination on the basis of race, color, sex, religion, or national origin

Civil Rights Act of 1964

Law that aimed to limit voting barriers for African Americans, most notably the use of discriminatory literacy tests.

Voting Rights Act of 1965

This constitutional provision protects an individual’s right against unreasonable searches and seizures.

4th amendment

 Law that was passed as part of the Education Amendments of 1972 that prohibited sex-based discrimination in any educational program or activity receiving federal funding

Title IX

This constitutional provision protects an individual’s right to free speech, press, religion, assembly, and petition.

1st amendment

This constitutional provision protects individuals from incriminating themselves or facing double jeopardy, among other protections regarding legal proceedings

5th amendment

This constitutional provision protects an individual’s right to bear arms. 

2nd amendment

This constitutional provision protects an individual from cruel and unusual punishment and excessive bail or fines

8th amendment

 

This constitutional provision guarantees the right to a speedy and public trial, the right to counsel, and the right to confront and present witnesses, among other legal protections.

6th amendment

This constitutional provision provides a guarantee of citizenship, as well as equal protection and due process, which have been the sources of incorporation for key protections in the Bill of Rights

14th amendment

Which amendment has not been selectively incorporated?

3rd