AP GOV
First Amendment: Congress cannot make any laws which establsihes a religion or the prohibition of free exercise
Third Amendment: Prohibition of soldiers from being quartered in private homes without the owner's consent during peacetime, ensuring the privacy and sanctity of one's home.
Fourth Amendment: protects citizens from unreasonable searches
Fifth Amendment: allows citizens to not have to personally testify for themselves in court if they believe it is best
Sixth Amendment: guarantees the right to a fair trial, including the right to a speedy trial, an impartial jury, and the right to counsel.
Due Process Clause: A provision in the 14th Amendment that limits state governments from denying citizens their fundamental rights to life, liberty, and property without fair legal procedures.
Selective Incorporation: the choice of the US Supreme Court to apply rights and freedoms as established in the Bill of Rights.
Miranda rights: When being arrested by a cop, they must state the following rights. 1) You have the right to remain silent, 2) Anything you say can and will be used against you, and 3) you hve the right to an attorney.
Bill of attainder: a person can be punished without given a trial.
Ex post facto laws: a person can be found guilty for an act that was not illegal at the time it was committed.
Double Jeopardy: protects an individual from being convicted of the same crime twice.
Exclusionary Rule: A rule that states that have any evidence obtained in violation of a defendant's constitutional rights cannot be used in a court of law.
Probable Cause: The standard by which law enforcement has the grounds to obtain a warrant or make an arrest, requiring a reasonable belief that a crime has been committed or that evidence of a crime is present.
Federal Injunction: A court order that restrains a party from specific actions, typically to protect the rights or interests of another party, and issued by a federal court.
Espionage Act: A federal law enacted in 1917 that criminalizes the act of spying, or obtaining confidential information for the purpose of aiding a foreign government, and also prohibits interference with military operations during times of war.
Name (year) | Facts | Issue | Decision | Impact |
Tinker v. Des Moines Independent Community School District (1969) | The Tinker family decided to wear arm bands in order to protest for the Vietnam War. The school then suspended them until they stopped wearing them. As a result, the Tinker family sued the school district claiming that they were violating their First Amendment Rights | Does the prohibition against wearing arm band sin public schools violate the students first amendment. | Tinker > Major Decision: Armband symbolized pure speech and it was different from any action of those wearing them. 1ST Amendment was still protected, even on school grounds. | 1) Created the Tinker test, to see if student speech is actually not disruptive to the educational environment, thereby balancing students' rights with the school's authority. 2.Promoted youth activism |
Schenk v. United States (1919) | Schenck distributed false information about WWI and claimed that it was a violation of his first amendment rights once he was convicted. | Did Schenk’s conviction under the espionage act for criticizing the draft violating his first amendment rights to freedom? | US> unanimous Majority Decision: The Supreme Court ruled that Schenk's conviction did not violate his First Amendment rights, stating that his speech presented a "clear and present danger" to national security during wartime. | This ruling established a precedent for limiting free speech during times of crisis, reinforcing the idea that certain expressions can be restricted if they pose significant risks to public safety or national security. |
New York Times CO v. United States (1971) | In 1970, Daniel Esperg leaked the pentagon papers to NYt, they then published the first chapter. Nixons administration filed the federal injuction. | Did the Nixon administration violate the first amendment to prevent the publication of the pentagon papers? | NY> Nixons administration did violate the first amendment. The publication of the papers were not a threat so there was no reason to stop them. | Court is very likely to find causes of government censorship. |
Mapp v.Ohio (1961) | Mapp was convicted of possessing obs=cene materials after the police illegally searched her home as they were seeking for a fugitive. They searched her home without a warrant. | Were the confiscated material protected from seizure by the Fourth Amendment? | All evidence obtained by searches and seizures in violation of the Fourth Amendment cannot be used in court. | decision established the exclusionary rule, which prevents illegally obtained evidence from being used in state courts, reinforcing the importance of upholding constitutional rights. |
Gideon v. Wainwright | started when Clarence Earl Gideon was charged with a felony in Florida. He could not afford an attorney and requested that the court appoint one for him. His request was denied based on the state law at the time, which provided for court-appointed counsel only in capital cases. Gideon represented himself at trial and was convicted | What are the implications of the Gideon v. Wainwright ruling regarding the right to counsel | Supreme Court ruled that the right to have an attorney is essential for a fair trial, as guaranteed by the Sixth Amendment. The Court found that denying Gideon counsel violated his rights, emphasizing that states must provide a lawyer to defendants who cannot afford one. | It solidified the principle that the right to free legal counsel is fundamental to a fair trial under the Sixth Amendment, applicable to state courts through the Fourteenth Amendment's Due Process Clause. |
Ninth Amendment: The Ninth Amendment reinforces the notion that the enumeration of certain rights in the Constitution does not mean that other rights not specifically mentioned are not protected, thereby supporting the broader interpretation of individual rights, including the right to counsel.
11th Amendment: The 11th Amendment establishes the principle of sovereign immunity, preventing individuals from suing states in federal court without the state's consent, which underscores the relationship between state and federal judicial authority.