AP Government Unit 3- Terms & SCOTUS Cases

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

Due Process Clause

The process of law by which the accused must be legally treated; ex: arrested with probable cause, right to know and question accusers, right to know evidence against you, right to an attorney, right to know crimes being charged with, etc.

Equal Protection Clause

Clause in the 14th Amendment that forbids any state to deny any person within its jurisdiction the equal protection of the laws; This clause is the major constitutional restraint on the power of government to discriminate against persons because of race, national origin, or sex.

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.

1st Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Engel v. Vitale

No state sponsored, recited prayer in public school.

Lemon Test

The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

Roe v. Wade

The 1973 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 fetus during the third trimester.

Plessy v. Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities were equal

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Clear and Present Danger Test

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

Voting Rights Act of 1965

a law designed to help end formal and informal barriers to African-American suffrage

Civil Rights Act 1964

outlawed discrimination based on race, color, religion, sex, or national origin

4th Amendment

Freedom from unreasonable searches and seizures

Prior Restraint

government censorship of information before it is published or broadcast

Exclusionary Rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

Symbolic Speech

Somewhere between speech and action. Generally protected. Ex would be wearing an armband in protest

8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

6th Amendment

The right to a speedy trial by jury, representation by an attorney for an accused person

5th Amendment

Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination

Schenck v. US

A United States Supreme Court decision concerning the question of whether the defendant possessed a First Amendment right to free speech against the draft during World War I. Ultimately, the case served as the founding of the "clear and present danger" rule.

Tinker v. Des Moines

Students have the right to symbolic speech at school as long as it is not disruptive

McDonald v. Chicago

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

affirmative action

A policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group.

Americans with Disabilities Act

Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to public and commercial buildings.

Time, Place, and Manner Test

to be constitutional, restrictions on free speech can't be based on the content of the speech, must serve a significant government interest, and leave open other channels of expression

Title XI

federal law passed in 1972, which prohibits discrimination on the basis of gender in school programs, including physical education

civil liberties

Constitutional freedoms guaranteed to all citizens; ex: freedom of religion, freedom of speech, etc.

civil rights

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals; ex: freedom from discrimination based on gender, race, etc.