AP Gov Unit 3

Key Vocabulary

• Bill of Rights – First 10 amendments to the Constitution that protect individual freedoms.

• Civil Liberties – Constitutional protections from government interference (e.g., freedom of speech, religion).

• Civil Rights – Protections against discrimination and unequal treatment under the law.

• Selective Incorporation – Process by which the Supreme Court applies the Bill of Rights to the states through the 14th Amendment.

• Due Process – Legal requirement that the government must respect all legal rights owed to a person.

  • Procedural Due Process – Ensures fair procedures (e.g., right to a trial).

  • Substantive Due Process – Protects fundamental rights from government interference.

• Symbolic Speech – Nonverbal expression (e.g., burning a flag) protected under the First Amendment.

• Obscenity – Speech or materials that are offensive and lack serious value, not protected by the First Amendment.

• The Lemon Test – A test from Lemon v. Kurtzman (1971) used to determine if a law violates the Establishment Clause.

• Miranda Rule – Requirement from Miranda v. Arizona (1966) that suspects must be informed of their rights before interrogation.

• Majority-Minority Districts – Electoral districts where the majority of voters belong to a minority group.

• Clear & Present Danger – Standard from Schenck v. United States (1919) that limits speech if it poses an immediate threat.

• Prior Restraint – Government censorship of material before it is published (restricted by New York Times v. US).

• Exclusionary Rule – Prohibits the use of illegally obtained evidence in court (Mapp v. Ohio).

• Affirmative Action – Policies designed to address past discrimination in education and employment.

• Indigent – A person who lacks financial resources, often entitled to free legal representation.

Landmark Supreme Court Cases

Religious Freedom & the First Amendment

• Engel v. Vitale (1962) – Outlawed state-sponsored prayer in public schools.

• Wisconsin v. Yoder (1972) – Ruled that compulsory school attendance violated Amish religious beliefs.

• Employment Division v. Smith (1990) – Religious beliefs do not exempt individuals from complying with neutral laws.

• Everson v. Board of Education (1947) – Established that government cannot favor or handicap religion.

• Lemon v. Kurtzman (1971) – Created the Lemon Test to determine if government aid to religious institutions violates the First Amendment.

Free Speech & Press

• Tinker v. Des Moines (1969) – Protected student symbolic speech (black armbands to protest war).

• Schenck v. United States (1919) – Established clear and present danger as a limit on free speech.

• New York Times v. US (1971) – Limited prior restraint; allowed Pentagon Papers publication.

• New York Times v. Sullivan (1964) – Established "actual malice" standard for libel against public figures.

• Roth v. US (1957) – Defined obscenity as unprotected speech.

• Miller v. California (1973) – Established the Miller Test for obscenity.

• Near v. Minnesota (1931) – Incorporated freedom of the press to state governments.

Gun Rights & the Second Amendment

• McDonald v. Chicago (2010) – Incorporated the Second Amendment to the states.

• DC v. Heller (2008) – Recognized an individual’s right to own firearms.

Criminal Justice & Rights of the Accused

• Gideon v. Wainwright (1963) – Guaranteed the right to an attorney for indigent defendants.

• Mapp v. Ohio (1961) – Applied the Exclusionary Rule to state cases.

• New Jersey v. TLO (1985) – Allowed schools to search students with reasonable suspicion.

• Miranda v. Arizona (1966) – Established Miranda Rights (right to remain silent, right to an attorney).

• New York v. Quarles (1984) – Created the Public Safety Exception to Miranda Rights.

Privacy & Reproductive Rights

• Griswold v. Connecticut (1965) – Recognized the right to privacy in contraception laws.

• Dobbs v. Jackson Women’s Health Organization (2022) – Overturned Roe v. Wade, returning abortion regulation to states.

Civil Rights & Equal Protection

• Brown v. Board of Education (1954) – Declared racial segregation in schools unconstitutional.

• Barron v. Baltimore (1833) – Ruled that the Bill of Rights applied only to the federal government.

• Gitlow v. NY (1925) – Incorporated freedom of speech to state governments.

Death Penalty & Punishment

• Furman v. Georgia (1972) – Temporarily halted the death penalty.

• Gregg v. Georgia (1976) – Reinstated the death penalty with guidelines.

Required Document

• Letter from Birmingham Jail (1963) – Dr. Martin Luther King Jr.’s defense of civil disobedience in fighting racial injustice.

Key Legislation & Executive Orders

• Patriot Act (2001) – Expanded government surveillance powers after 9/11.

• USA Freedom Act (2015) – Limited mass data collection by the government.

• Civil Rights Act of 1964 – Banned discrimination in public places and employment.

• Voting Rights Act of 1965 – Prohibited racial discrimination in voting (ended literacy tests).

• Title IX (1972) – Prohibited gender discrimination in federally funded education programs.

• Executive Order 11246 (1965) – Required affirmative action in federal employment.

Supporting Concepts & Laws

• Public Interest – The welfare or well-being of the public as a whole.

• Strict Scrutiny – Highest level of judicial review for laws affecting fundamental rights.

• Compelling Government Interest – Justification required for government to limit rights.

• Libel – False written statements that damage a person's reputation.

• Malicious Intent – Knowledge that a statement is false or reckless disregard for the truth.

• National Firearms Act (1934) – Regulated certain types of firearms.

• Gun Control Act (1968) – Restricted gun sales and ownership.

• Brady Bill (1993) – Required background checks for gun purchases.

• Bail – Money paid for temporary release before trial.

• Capital Punishment – Death penalty.

• Habeas Corpus – Right to challenge unlawful detention.

• Probable Cause – Reasonable belief of criminal activity needed for search warrants.

• Reasonable Suspicion – Lower standard for searches in schools.

• Just Compensation Clause – Government must pay for property taken under eminent domain.

• Search & Seizure – Fourth Amendment protection against unreasonable searches.

• Metadata – Digital data collection that raised privacy concerns.

• Warrant – Court order for searches or arrests.

• Right to Privacy – Implied in the Constitution, protecting personal decisions.

• Hyde Amendment (1976) – Prohibited federal funding for most abortions.

Civil Rights Issues & Voting Rights

• Equal Protection Clause – Part of the 14th Amendment ensuring equal application of the law.

• NAACP – Civil rights organization that fought segregation.

• Equal Pay Act (1963) – Required equal pay for men and women.

• National Organization for Women (NOW) – Advocated for women's rights.

• Equal Rights Amendment (ERA) – Proposed amendment to guarantee gender equality.

• "Don't Ask, Don't Tell" – Military policy on LGBTQ+ service members (repealed).

• Defense of Marriage Act (1996) – Defined marriage as between a man and a woman (overturned).

• Literacy Test, Poll Tax, Grandfather Clause, White Primary – Tactics used to suppress Black voters.

• Jim Crow Laws – State laws enforcing segregation.

• White Flight – Movement of white populations from urban to suburban areas.

• Freedom of Choice Plans – Attempts to slow desegregation.