GOPO UNIT 3 STUDY GUIDE

  • Necessary and Proper Clause: Gives Congress the power to make all laws needed to carry out its expressed powers.

  • Establishment Clause: Prohibits the government from creating an official state religion or favoring one religion over another.

  • Free-Exercise Clause: Protects a person's right to practice their religion however they choose as long as it doesn't break the law.

  • Affirmative Action: A policy designed to provide equal opportunities for groups that have faced historical discrimination.

  • Selective Incorporation: The legal process where the Supreme Court applies portions of the Bill of Rights to the states using the 14th Amendment.

  • Bill of Rights - applies?: Originally it only applied to the federal government, but through selective incorporation, it now applies to state governments too.

  • Clear and Present Danger: A legal standard that says speech can be restricted if it creates an immediate threat to public safety.

  • 1st Amendment Freedoms: Protects the five core liberties of religion, speech, press, assembly, and petitioning the government.

  • Due Process: The legal requirement that the government must respect all legal rights owed to a person and follow fair procedures.

  • 5th Amendment: Guarantees rights like due process, protection from self-incrimination, and protection from double jeopardy.

  • Freedom of Speech: The right to express opinions and ideas without government interference or censorship.

  • Gideon v. Wainwright: Established that the 6th Amendment requires states to provide an attorney to defendants who cannot afford one.

  • New York Times v. U.S.: Also known as the 'Pentagon Papers' case, it protected freedom of the press by limiting 'prior restraint' (government censorship).

  • 6th Amendment Protections: Guarantees the right to a speedy and public trial, an impartial jury, and the right to legal counsel.

  • Equal Protection: A 14th Amendment requirement that states must treat all individuals equally under the law.

  • Wisconsin v. Yoder: Ruled that Amish families' right to free exercise of religion outweighed the state's interest in mandatory school attendance.

  • Engel v. Vitale: Ruled that state-sponsored prayer in public schools violates the Establishment Clause of the 1st Amendment.

  • Miranda Warning: The requirement that police inform suspects of their right to remain silent and right to an attorney before questioning.

  • Mapp v. Ohio: Established the 'exclusionary rule,' meaning evidence obtained through illegal searches cannot be used in court.

  • 4th Amendment Protections: Protects people against unreasonable searches and seizures by requiring a warrant or probable cause.