Government & Citizenship Unit 4 Study Guide

Unit 4 Study Guide (Ch. 13-15) - Government & Citizenship

Fundamental Concepts in Constitutional Interpretation

  • Originalism

    • Definition: The belief that the U.S. Constitution should be interpreted based on the original understanding of its language and intent at the time it was enacted.

  • Living Constitution

    • Definition: The belief that the Constitution is a dynamic, evolving text that may adapt to contemporary societal norms and values.

Judicial Principles and Rights

  • Judicial Activism

    • Explanation: The practice where judges make rulings based on personal or political considerations rather than existing law.

  • Relative vs. Absolute Rights

    • Relative Rights: Rights that may be limited in certain scenarios and can be balanced against others' rights.

    • Absolute Rights: Rights that cannot be infringed upon, regardless of the circumstances.

    • Examples:

    • Relative Rights Example: Freedom of speech may be limited when it incites illegal actions.

    • Absolute Rights Example: The right to not be tortured cannot be violated under any circumstance.

Significant Supreme Court Cases

  • Griswold v. Connecticut

    • Context: Concerned the constitutional right to privacy regarding a state law banning contraceptives.

    • Outcome: Established a right to privacy within marital relations, influencing later decisions on reproductive rights.

  • 9th Amendment

    • Definition: States that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people.

  • Roe v. Wade

    • Context: Addressed the legality of abortion, framing it as a right of privacy under the 14th Amendment.

    • Outcome: Established federal protection for the right to have an abortion, subject to certain regulations based on fetal viability.

  • Precedent

    • Definition: A judicial decision that serves as an authoritative rule or pattern for subsequent similar cases.

  • Dobbs v. Jackson Women's Health Organization

    • Context: Challenged the constitutionality of a Mississippi law banning most abortions after 15 weeks.

    • Outcome: Overturned Roe v. Wade, allowing states greater authority to regulate or ban abortions.

Bill of Rights and Its Implications

  • Bill of Rights

    • Importance: Protects individual liberties and rights from governmental infringement.

  • Incorporation

    • Explanation: The legal doctrine through which certain rights enumerated in the Bill of Rights are applied to state governments via the 14th Amendment.

First Amendment Rights

  • 1st Amendment

    • Guarantees freedoms like speech, religion, press, assembly, and petition.

  • Establishment Clause

    • Definition: Prohibits the government from establishing an official religion or unduly favoring one religion over another.

  • Lemon Test

    • Criteria used to determine whether a law violates the Establishment Clause:

    1. The law must have a secular purpose.

    2. It must not primarily advance or inhibit religion.

    3. It must not foster excessive government entanglement with religion.

  • Prayer in Public Schools

    • Context: Courts have ruled that mandatory or officially sanctioned prayer in public schools violates the Establishment Clause.

  • Free Exercise Clause

    • Definition: Protects citizens' rights to practice their religion as they see fit, free from government interference.

  • Sherbert Test

    • Criteria for determining whether a law is a violation of the Free Exercise Clause:

    1. The individual has a sincere religious belief.

    2. The government's action is a substantial burden on the individual's ability to act on that belief.

  • Compelling State Interest

    • Explanation: A legal standard requiring the government to show that its interest in limiting a constitutional right is of significant importance.

Types and Regulation of Speech

  • Types of Speech

    • Includes political speech, commercial speech, symbolic speech, etc.

  • Regulation of Speech

    • The government can impose restrictions on speech under certain circumstances but must show compelling reasons.

Landmark Cases on Speech

  • Schenck v. United States

    • Established the "clear and present danger" test for speech limitations during wartime.

  • Tinker v. Des Moines

    • Held that students do not lose their First Amendment rights when they enter school.

  • Clear and Present Danger

    • Definition: Speech may be limited if it presents a clear and immediate danger of significant evil.

  • Bad Tendency Doctrine

    • Allows restriction of speech if it has a tendency to lead to illegal action.

  • Preferred Position Doctrine

    • Speech is afforded greater protection under the First Amendment, and restrictions on it are presumed unconstitutional.

  • Unprotected Types of Speech

    • Includes obscenity, defamation, and incitement to violence.

  • Brandenburg v. Ohio

    • Established the incitement standard, where speech is protected unless it incites imminent lawless action.

  • Prior Restraint and Gag Orders

    • Prior restraint refers to government actions that prevent speech or publication before it occurs, often deemed unconstitutional.

  • Limits on Freedom of Assembly

    • Government can impose regulations on time, place, and manner of assemblies as long as they are content-neutral.

Second and Fourth Amendments

  • 2nd Amendment

    • Protects the right of the people to keep and bear arms.

  • 4th Amendment

    • Protects against unreasonable searches and seizures, requiring warrants to be judicially sanctioned and supported by probable cause.

  • Probable Cause

    • Reasonable grounds to believe that a crime has been committed, justifying a search or arrest.

  • Situations in which a warrant is NOT needed

    • Consent, exigent circumstances, searches incident to lawful arrest, plain view doctrine, etc.

  • Exclusionary Rule

    • Definition: Legal principle that denies the use of illegally obtained evidence in court.

  • "Good Faith" Exception

    • Allows the admission of evidence obtained by law enforcement officers acting under a mistakenly issued warrant, provided they relied in good faith on the warrant.

Fifth and Sixth Amendments

  • 5th Amendment

    • Protects against self-incrimination, double jeopardy, and ensures due process.

  • Due Process

    • Legal requirement that the state must respect all legal rights owed to a person.

  • Double Jeopardy

    • Legal doctrine preventing an individual from being tried again for the same crime after a conviction or acquittal.

  • Self-Incrimination

    • Right to refuse to answer questions that could lead to self-incrimination.

  • Teen Confessions

    • Ensures that minors understand their rights and the implications of confessions, emphasizing the need for parental involvement or legal counsel.

  • Miranda v. Arizona

    • Required law enforcement to inform individuals of their rights upon arrest, known as Miranda rights.

  • 6th Amendment

    • Guarantees the right to a fair and speedy trial, an impartial jury, and legal counsel.

  • Gideon v. Wainwright

    • Ruled that the right to counsel is a fundamental right under the 14th Amendment, ensuring that defendants in criminal cases have access to an attorney.

Eighth Amendment and Capital Punishment

  • 8th Amendment

    • Prohibits cruel and unusual punishment.

Landmark Cases on the Death Penalty

  • Furman v. Georgia

    • Held that the death penalty, as administered in the case, was unconstitutional due to its arbitrary nature.

  • Gregg v. Georgia

    • Reinstated the death penalty, ruling that guided discretion could be implemented to prevent arbitrariness.

  • Death Penalty in the United States

    • Most common in certain states like Texas and Florida; less common in states like California and New York.

Civil Rights and Equal Protection

  • Civil Rights

    • The rights of individuals to receive equal treatment under the law, regardless of race, gender, or other characteristics.

  • Equal Protection Clause (14th Amendment)

    • Requires each state to provide equal protection under the law to all persons within its jurisdiction.

  • Protected Classes

    • Groups of individuals who are legally protected from discrimination.

  • Distinctions - When Unreasonable?

    • Legal standard requiring that any distinction made by law must have an important government objective.

Landmark Cases on Civil Rights

  • Brown v. Board of Education

    • Landmark case that declared racial segregation in public schools unconstitutional.

  • Plessy v. Ferguson

    • Upheld the constitutionality of racial segregation under the "separate but equal" doctrine.

  • Civil Rights Act of 1964

    • Legislation prohibiting discrimination on the basis of race, color, religion, sex, or national origin.

  • 24th Amendment

    • Prohibits poll taxes in federal elections, promoting equal voting rights.

  • Reed v. Reed

    • Landmark case recognizing that gender discrimination violated the Equal Protection Clause.

  • Reasonableness Standard

    • Standards applied to evaluate whether a classification based on sex or gender is constitutionally valid.

  • Title IX

    • Federal law prohibiting discrimination on the basis of sex in educational programs and activities.

  • Obergefell v. Hodges

    • Landmark ruling recognizing same-sex marriage as a constitutional right under the 14th Amendment.

  • Affirmative Action

    • Policies that support members of disadvantaged groups in education and employment, aiming to overcome historical discrimination.

  • Arguments for and against Affirmative Action

    • For: Promotes diversity, addresses historical inequities.

    • Against: Can lead to reverse discrimination, undermines meritocracy.

  • Students for Fair Admissions v. Harvard

    • Case challenging affirmative action in college admissions practices, reflecting ongoing debates on race and equity in education.

Other Supreme Court Cases

  • Notable Supreme Court Cases NOT Listed on Test

    • Review significant cases not highlighted, ensuring comprehensive preparation for broader discussions of constitutional law and civil rights issues.