AP Government & Politics Unit 3

Abington School District v. Schempp

Prayer in classrooms was determined to violate the First Amendment.

Affirmative Action

A policy in educational admissions or job hiring that gives attention to disadvantaged groups to overcome past discrimination.

Argersinger v. Hamlin

No person may be imprisoned for any offense (petty, misdemeanor, or felony) unless represented by counsel at trial.

Bad Tendency

A test which permits restriction of speech by government if it is believed that a form of speech has a sole tendency to cause illegal activity

Bethel School District v. Fraser

School officials can decide what manner speech is appropriate for school sponsored activity.

Bill of Rights

First 10 amendments

Brown v. Board of Education

Segregation violates the "Equal Protection" Clause of the Fourteenth Amendment.

Clear & Present Danger

Government can interfere with speech if it will lead to evil or illegal acts.

Censorship

Restricting access to ideas and information

Civil Liberties

Constitutionally guarantees and freedoms that protects citizens, opinions, and property against arbitrary government interference.

Civil Rights

Individual's rights as a citizen to participate free from discrimination or persecution.

Defamatory Speech

False speech outside First Amendment protection that damage a person's character or reputation. (unprotected by constitution)

Discrimination

Unequal treatment of equals.

District of Columbia v. Heller

Individuals have a right to own and possess firearms

Due Process Clause

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

8th Amendment

No cruel or unusual punishment

Eminent Domain

Power of a government to take private property for public use.

Engel v. Vitale

Banned formal prayer in schools, government would not make any religion the 'official' religion.

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law

Escobedo v. Illinois

Ruled that the right of lawyer exists at time of questioning.

Espionage Act

Gave the government new ways to combat spying

Establishment Clause

First Amendment ban on laws "respecting an establishment of religion"

Exclusionary Rule

Prevents evidence obtained by illegal search from being used against the accused.

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

Fighting Words

Speech intended to incite violence

1rst Amendment

Freedom of speech

4th Amendment

Protection against Unreasonable Search and Seizure

14th Amendment

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

Free-Exercise Clause

First Amendment requirement that law cannot prevent free exercise of religion

Gideon v. Wainwright

Ruled that guarantee of the right to counsel allows poor defendants access to state-paid attorneys.

Gitlow v. New York

Speech restricted if possessed a "bad tendency," or a sole tendency to incite or cause illegal activity.

Griswold v. Connecticut

Prohibiting contraceptives use or advice on their use by a third party invades privacy and is unconstitutional.

Hate Speech

A form of profanity meant to degrade, intimidate, or dehumanize groups of people

Incorporated Rights

All aspects of the amendment are applicable to states (1rst, 2nd, & 4th)

Intermediate Scrutiny Test

Equal protection test used by the Supreme Court that requires the government to prove that the use of classifications such as age, gender, or race is substantially related to an important government objective.

Kuhlmeier v Hazelwood

Public officials, not students, control editorial content of school newspaper as an education tool.

Lemon Test

Three-pronged rule used by the courts to determine whether the establishment clause is violated

Martin Luther King Jr Letter from Birmingham Jail

Any law that uplifts human personality is just. Any law that degrades human personality is unjust.

Libel

Written defamation

Liberal Position on Affirmative Action

They believe the gov't should use affirmative action to help

Conservative Position on Affirmative Action

They believe Affirmative Action does not help combat disadvantaged groups overcome past discrimination

Liberal Perspective on Gun Control

They are for strict regulation

Conservative Perspective on Gun Control

They are for more lenient regulation

Libertarians Concerns Regarding Security & Liberty

They believe government should only be involved when it comes to national security & they believe in maximizing political freedom

Statists Concerns Regarding Security & Liberty

They believe that the government should have most control in order to protect the nations security at the cost of peoples liberty

Mapp v. Ohio

Evidence obtained by an illegal search and seizure is invalid in court.

McDonald v. Chicago

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

Morse v. Frederick

School officials could prohibit students from displaying messages that undermine the school's mission. (Bong Hits 4 Jesus)

NAACP v. Alabama

Organizations do not have to give a list of members to the government

Near v. Minnesota

Government cannot censor content before its publication regardless of how scandalous they might be

New Jersey v. TLO

School officials may conduct warrantless searches of students with reasonable suspicion.

New York Times v. US

Supreme Court dealt with the issue about state's power to prohibit publication of official documents. (Pentagon Papers)

9th Amendment

Citizens entitled to rights not listed in the Constitution

Plessy v. Ferguson

"separate but equal" doctrine supreme court upheld the constitutionally of jim crow laws

Post Restraint

Holding people accountable for published works.

Presser v. Illinois

The states may forbid private armies.

Prior Restraint

Allowing government to review the content of printed materials and prevent their publication.

Probable Cause

Reasonable grounds (for making a search, pressing a charge, etc.).

Rational Basis Test

The lowest-level standard used by the Supreme Court to determine whether a law is compatible with the Constitution

Reasonable Suspicion

Evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity

Right to Privacy

Protection from interference with the private sphere of a person's affairs. (Doesn't say in Constiution)

Roe v. Wade

Legalized abortion

Judiciary Branch & Minority Rights

Insulation (or protection) makes the judiciary branch the primary guardian of minority rights.

Legislative Branch on Civil Rights

Legislative branch enacts laws to overcome local and state obstructions. •Civil Rights Act of 1964 - Prohibited discrimination in employment and established the Equal Employment Opportunity Commission.

2nd Amendment

Right to bear arms

Seditious Speech

Speech directing an overthrow of government. (unprotected by constitution)

Segregation

Separation of people based on racial, ethnic, or other differences

7th Amendment

Right to a trial by jury in civil cases

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

Slander

Spoken falsehood

Strict Scrutiny Test

A test applied by the court when a classification is based on race; the government must show that there is a compelling reason for the law and no other less restrictive way to meet the interest

Symbolic Speech

Nonverbal communication protected by the first amendment.

10th Amendment

Powers not given to federal government go to people and States

Tinker v. Des Moines

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

US v. Miller

States can restrict types of weapons that would not be used by an individual in a militia

USA Patriot Act

Dramatically lowered probable cause threshold for obtaining intelligence warrants.

Wisconsin v. Yoder

Amish do not have to attend school after 8th grade - right to freedom of religion