AP GOV
What are some examples of civic religion?
"One Nation Under God'" in Pledge of Allegiance, Non-Denominational Prayers in Congress, Faith based organizations receiving government money to deliver public services.
What did the Warren court create in regards to unreasonable searches and seizures?
"Reasonable Expectation of Privacy" Rule
What are the civil liberties given in the fourth amendment?
- Citizens are to be free from unreasonable searches and seizures - Federal courts may issue search warrants based only on probable cause and specifically describing the objects of search
What are the civil liberties given in the sixth amendment?
- Citizens have the right to a speedy and public trial before an impartial jury - citizens have the right to face heir accuser and to cross-examine witnesses
What are the civil liberties given in the first amendment?
- Congress many not make nay law with respect to the establishment of religion (establishment clause) - Congress many not abridge the free exercise of religion (free exercise clause) - Congress many not abridge freedom of speech or of the press - Congress many not abridge the right to assemble or to petition the government
What happened in June of 2022?
- Roe v. Wade & Planned Parenthood v. Casey were overturned by Dobbs v. Jackson Women's Health Organization Abortion is NOT a protected right under the Constitution any longer
What are the civil liberties given in the fifth amendment?
- citizens are protected against double jeopardy (being prosecuted more than once for the same crime) and self incrimination - citizens are guaranteed against deprivation of life, liberty, or property without due process of law - citizens are guaranteed just compensation for public use of their private property
What are the civil liberties given in the eighth amendment?
- excessive bail and fines are prohibited - cruel and unusual punishments are prohibited
What rights have not yet been incorporated?
1. 3rd Amendment- Quartering Soldiers 2. 5th amendment - Right to a Grand Jury Hearing 3. 7th amendment - Right to Jury Trial in Civil Suits
What clauses does the 14th amendment contain?
1.Citizenship Clause 2.Privileges and Immunities Clause 3.Due Process Clause 4.Equal Protection Clause
What was Lochner v. New York?
14th Amendment provides "liberty" to negotiate contracts, State can't interfere.
What was Buckley v. Valeo (1976)?
1976 supreme court case that ruled that no restrictions could be placed on how much money a candidate spends on own campaign.
What was Knowles v. Iowa (1988)?
A bag of marijuana discovered in a search after a speeding ticket, was excluded as the product of an illegal search.
What was Gregg v Georgia (1976)?
After states changed their procedures the death penalty was once again allowed as long as procedures were non- arbitrary and non- discriminatory.
What was New York v. Ferber (1982)?
All child pornography is obscene, and therefore not protected
What was Webster v Reproductive Health Services(1989)?
Allowed some restrictions on abortion by state governments
What is civic religion?
American government acknowledges the existence of God but NOT how he should be worshiped or what he should be called
What was Wisconsin v. Yoder (1972)?
Amish can homeschool their children with vocational training.
What is strict scrutiny?
Assumption that actions by the government are illegal (burden of proof is on the government)
What was Roe v. Wade?
Based on the Griswold ruling, guarantees a woman's right to terminate her pregnancy.
What was Barron v. Baltimore (1833)?
Bill of rights is applied to national, not state governments
What Florida v. Jardines (2013)?
Bringing drug sniffing dogs to the front door of a house is an unreasonable search unless there is probable cause.
What are the civil liberties given in article 4, section 2 of the constitution?
Citizens of each state are entitled to all privileges and immunities of citizens in the several states
What was Zelman v. Simmons-Harris(2002)?
Cleveland's school voucher program allowed the city to provide government vouchers to parents to send their children to any private school, secular or religious.
What is bill of attainder?
Congress cannot declare an American citizen guilty of a crime (cannot arrest or put a person in prison) because of the constitution's ban on bills of attainder
What are the civil liberties given in the second amendment?
Congress many not infringe the right to keep and bear arms
What are the civil liberties given in article 1, section 9 of the constitution?
Congress many not suspend habeas corpus Congress many not pass bills of attainder or ex post facto laws
What are ex post facto laws?
Congress may not issue these laws; if a person commits an act which later becomes a crime, that person cannot be charged with a crime after the law is passed
What are the civil liberties given in the third amendment?
Congress may not station soldiers in houses against the owner's will, except in times of war
What was Griswold v. Connecticut (1965)?
Constitutional right to privacy exists. It struck down laws making birth control illegal.
What was the Lemon Test?
Created by Lemon v. Kurtsman (1971) 1.The law must have a secular purpose. 2.The primary effect of the law must be neither to advance nor to halt religion. 3. must not create excessive entanglements between the state and religion.
What was the Religious Freedom Restoration Act (1993)?
Created to address the Employment Division v. Smith case.
What are the civil liberties given in article 3, section 2 of the constitution?
Criminal trials in national courts must be jury trials in the state in which the defendant is alleged to have committed the crime
What was Gonzales v Oregon(2006)?
Death with Dignity Act upheld. Doctors were protected from suit when acting in accordance with the Act, but no fundamental "right to die" was affirmed.
What was City of Boerne v. Flores (1997)?
Declared Religious Restoration Act unconstitutional because it "unduly extended national government power over the states."
What was Gideon v. Wainwright?
Defendants accused of any felony in state jurisdictions are entitled to a lawyer and that the states must supply a lawyer when the defendant can't afford to do so
What was the Terri Schiavo case?
Disconnection of feeding tubes for terminally ill patient allowed.
What was McCleskey v Kemp (1987)?
Evidence presented regarding racial discrimination in death penalty cases must be specific to the case.
What is the law regarding religious displays on public/government property?
Forbidden if: "A reasonable observer would view them as endorsing religious beliefs or practices."
Freedom of Speech and Freedom of Press are called...
Freedoms of expression; both are protected in similar ways
What was McCreary County v. ACLU (2005)?
Hanging a framed copy of the Ten Commandments in a Kentucky courthouse violated the Establishment Clause
What was Wyoming v. Houghton (1999)?
If police have probable cause to search an automobile for illegal substances, then they may also search personal possessions of passengers in the car.
What was the Kitzmiller v. Dover Area School District(2005)?
Intelligent Design can't be taught in science classes in public schools. It can be taught as a religious theory in social science classes.
What was Minersville School District v. Gobitis (1940)?
Jehovah's witness believed that flag saluting was sacrilegious, SC ruled that state could force flag salute
What was Brandenburg v. Ohio (1969)?
KKK case; extreme inflammatory speech is still protected; free speech can be limited only if it incites imminent lawless action
What requirements must any limitations on political speech have?
Limitations on any political speech must... 1.Be content neutral 2.Serve a legitimate government purpose 3.Be narrowly tailored to address the specific problem 4.Cannot have a chilling effect on other people's willingness to exercise their free speech rights
What did the Burger court create in regards to unreasonable searches and seizures?
Limited areas of "reasonable expectation of privacy" Included limited areas such as cars, trash cans, as wells as the good faith exception, inevitable discovery, plain sight exception
Religious actions are...
NOT absolutely protected
What was Dartmouth College v. Woodward (1819)?
New Hampshire wanted to change the charter of Dartmouth college the court ruled against New Hampshire - it was a contract so state governments can't interfere.
What are the civil liberties given in article 3, section 3 of the constitution?
No one may be convicted of treason unless there is a confession in open court or testimony of two witnesses to the same overt act
What was Lee v. Weisman (1992)?
No school sponsored prayers at public school graduation ceremonies
What was Everson v. Board of Education (1947)?
No state could use funds to support an institution that taught religion, but funds could be used to reimburse parents for bus transportation to parochial schools.
What was Miranda v. Arizona (1996)?
Once detained by authorities, all persons had the right to be informed of their rights to remain silent and to consult with an attorney. (EXCEPT if there is an immediate threat to public safety)
What was Ring v. Arizona (2002)?
Only juries, not judges can decide the use of the death penalty for those convicted of capital crimes.
What was Employment Division v. Smith (1990)?
Peyote used in Native American religious ceremonies not allowed
What was Kyllo v. United States (2001)?
Police could not use high technology thermal devices to search through the walls of a house to check for high intensity lights used for growing marijuana.
What was Hudson v. Michigan (2005)?
Police need not knock or announce their presence when entering a house with a search warrant.
What was Bowers v Hardwick (1986)?
Private sexual activity between consenting adults was NOT a protected right under the Constitution. Homosexual acts outlawed by Georgia were allowed to stand.
Is a reporter protecting its source a guaranteed right?
Protecting Sources is still not guaranteed by federal law or by federal courts. Many states do have such protections in place for reporters.
What was McCollum v. Board of Education (1948)?
Public schools could not allow the teaching of religion on their grounds during the school day.
What was West Virginia v. Barnette?
Reversed Gobitis and incorporated The Free Exercise of Religion clause
What was the Federal Election Commission v. Wisconsin Right to life (2007)?
SC ruled no restrictions could be placed on media advertising by corporations or unions
What is Citizens United v. Federal Election Commission (2010)?
SC ruled that No restrictions in any way can be placed on corporate or union spending in any campaign, except direct contributions to candidate committees.
What was the National Socialist Party v. Village of Skokie (1977)
SC sided with the socialist party, the village had to give them a right to march in the town square
What was Planned Parenthood v Casey (1992)?
Said the restrictions could not go so far as to make abortion impossible to obtain and could not "place an undue burden" on a woman's fundamental right to terminate a pregnancy.
What was Van Orden v. Perry (2005)?
Six foot high monument displaying the Ten Commandments in front of the state capital in Austin, Texas was constitutional, because it was only one of 40 monuments which served a mixed, but primarily non-religious purpose
What was Lawrence v. Texas?
State anti-sodomy laws prohibiting consensual gay and lesbian sexual relations ARE un-constitutional.
What are the civil liberties given in article 1, section 10 of the constitution?
States many not pass bills of attainder or ex post facto laws States many not impair obligation of contracts
What was Santa Fe Independent School District v. Doe (2000)?
Student sponsored prayers at public school graduation ceremonies not allowed.
What was Tinker v. Des Moines (1969)?
Students at Des Moines school were prohibited from wearing black arm bands to school to protest Vietnam War; Supreme Court ruled that students had a right to free speech as long as behavior doesn't interfere with learning
What was Engel v. Vitale (1962)?
Students can't be required to say a non-denominational prayer in a public school.
What was Zorach v. Clauson (1952)?
Students could leave school early for religious instruction.
What was Dred Scott v. Sanford?
Supreme Court decision that extended federal protection to slavery by ruling Congress did not have the power to prohibit slavery in any territory, declared the slaves were not citizens of the US because they are property.
What did the Roberts court determine about self incrimination?
Suspects have the burden of invoking Miranda Rights Pre-arrest silence is not Constitutionally protected if some questions were answered pre-arrest, but suspect was silent on other questions.
What was Penry v. Lynaugh (1989)?
The Court allowed the execution of a defendant that had the intelligence of a seven year old.
What was Stanford v. Kentucky (1989)?
The Court allowed the execution of a minor who had been convicted of murder.
What was Atkins v. Virginia (2002)?
The Court banned the use of the death penalty for mentally retarded defendants.
What was Stone v. Graham (1980)?
The Ten Commandments can't be posted in public school classrooms.
What was Rosenberger v. University of Virginia (1995)?
The University must provide the same financial subsidy to a religious publication that it provides to other student publications.
What is ordinary scrutiny?
The assumption that the actions of the government are legal under the Constitution. (burden of proof is on the person suing)
What was Furman v Georgia (1972 )?
The death penalty constituted "cruel and unusual punishment" because the procedures used were " capricious and arbitrary"
How does one overcome strict scrutiny?
The law/policy must be.. 1. justified by a compelling governmental interest (must be necessary/crucial for the government to do) 2. narrowly tailored to achieve that goal or interest (cannot be overbroad) 3. least restrictive means for achieving that interest
Do we have a right to privacy?
The right to be left alone in our private lives. Does NOT appear anywhere in the Bill of Rights!
What was Powell v. Alabama (1932)?
The right to counsel must be supplied to all indigent defendants accused of a capital crime.
How do we determine if something is obscene?
The three part test (Miller v. California): 1. The average person, applying modern community standards, must find that the work as a whole appeals to the prurient interest (lust). 2. The state law must specifically define what depictions of sexual conduct are obscene. 3. The work as a whole must lack serious literary, artistic, political, or scientific value. (LAPS Test)
What was the New York State Rifle Assn v. Bruen (2022)?
Unrestricted license to carry a concealed firearm cannot be unduely ( no specific need required) restricted.
When does strict scrutiny apply?
When one or more of these three key things applies: 1. a law that seems to contradict specific prohibitions in the Constitution & Bill of Rights 2. a law that seems to restrict the democratic process 3. a law that seems to discriminate against racial, ethnic, or religious minorities
What were the protections in the original constitution?
Writ of Habeus Corpus Bill of Attainder Ex Post Facto Laws
What is a civil right?
a right possessed by a group of people (women, Hispanics, minorities, etc.)
What is a civil liberty?
a right you possess as an individual
What was Murray v. United States (1988)?
allowed prosecutors to use products of illegal searches if other evidence unrelated to the illegal evidence would have justified a search warrant.
Speech mixed with conduct (behavior) may...
be restricted if the restriction is meant to stop the behavior and not the speech
Why was the Bill of Rights incorporated?
before the 14th amendment, every right was only deemed to Congress ("Congress shall make no law..."). However, after the 14th amendment, rights were slowly incorporated because they now applied to state governments as well ("no state shall")
What was religion like in public schools?
began to decline after Engel v. Vitale (1962)
What is a writ of habeas corpus?
constitution states that the government cannot charge a person without evidence
What does the eighth amendment protect against?
cruel and unusual punishment
What was Santa Clara County v. Southern Pacific Railroad (1886)?
determined that Corporations are "persons" under 14th Amendment
What is Abrams v. United States?
dissent (written by minority judges) believed that the Us should be a market place of ideas and that unpopular or inflammatory speech should be protected
What is the nationalization of the Bill of Rights?
each right in the BOR is selectively incorporated case by case into American law (states now must adhere to the incorporated rights)
Free speech also applies to...
elections
What are the Establishment Clause and The Free Exercise Clause?
establishment= prohibition of government establishing a religion free exercise= the right of people to freely practice their religion
What was Mapp v. Ohio?
evidence seized illegally cannot be used as evidence in a court of law (exclusionary rule created)
What is the reasonable expectation of privacy rule?
exclusionary rule attaches to any property/person with a reasonable expectation of privacy
What is eminent domain?
government can take someone's private property, as long as the person is compensated with faith market value of their property, and the land being used will be used for a beneficial public use
What was Reno, Attorney General of U.S. v. American Civil Liberties Union (1997)?
government cannot regulate indecent internet sites (unanimous)
What was Gitlow v. New York (1925)?
incorporated freedom of speech and press
What was Tims v. Indiana?
incorporated the 8th amendment (prohibition against excessive bails and fines)
Neither the Federal nor the State Governments may...
interfere with religious beliefs.
How did the Marshall court rule regarding property rights?
it expanded property rights and gave a broad interpretation of the contract clause
Previous to incorporation, how was religion determined?
it was given to the states to decide
What is used to justify the right of privacy?
ninth and fourth amendments
What are the two offensive media?
obscenity (not protected) and indecency (protected)
What are the two different scrutinies?
ordinary and struct
What was New York Times v. United States (1971)?
pentagon papers case; new york times is allowed to run the embarrassing story on the US military
What was Near v Minnesota (1931)?
prior restraint is forbidden; the government cannot shut down any media before it is published because they feel is contents are harmful
Which rights were the focus of the founding fathers?
private property rights, contract rights, and a free market system
What was New York Times v. Sullivan (1964)?
protects against trivial errors; if one knowingly publishes a lie that results in harm, that is NOT protected. However, news is covered against small errors!
What right does the sixth amendment give you?
right to counsel
What was Fletcher v. Peck (1810)?
ruled that fraudulent contracts are valid
What is the contract clause? Where is it located?
specific clause that prohibits national and state governments from interfering with private contracts (Article 1, Section 10); all state governments must respect contracts in other states as well (full faith and credit clause)
What is Schenck v US?
speech may be limited if it presents a clear and present danger, and if there is a compelling reason where the danger must be significant, Immediate, and connected to the speech
What was McDonald v. Chicago?
states may not unreasonably restrict the right to own a gun; incorporation of the 2nd amendment
What is the due process clause?
states that the government shall not deny a person their rights without due process (a legal proceeding).
What was Texas v. Johnson (1989)?
symbolic speech (flag burning) is protected by the 1st amendment
Freedoms of expression, belief, and association (civil liberties) are found in...
the Constitution (mostly the bill of rights)
What was Charles River Bridge v. Warren Bridge?
the Court ruled that the charter of the Charles River Bridge Company did not exclude the state of Massachusetts from chartering another bridge nearby, and that "creative destruction" was allowed
What is the original constitution?
the constitution without the Bill of Rights and any ammendment
What two clauses are included in the freedom of religion?
the establishment and free exercise clause
How were economic liberties shifted after the civil war?
the fourteenth amendment was incorporated, which included the due process clause
What was Kennedy v. Bremerton School District (2022)?
the government, while following the Establishment Clause, may not suppress an individual from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. (Lemon Test not applied)
What does the fifth amendment protect?
the right to choose not to testify against oneself
What was District of Columbia v. Heller?
the right to own a firearm for self defense was established
People are free to believe and worship as they want AS LONG AS...
the worship does not violate general statutes that serve some compelling public purpose.
What standard does the Court use to decide how to incorporate a part of the Bill of Rights?
two different scrutinies to decide how to incorporate the bill of rights (created by the United States v. Carolene Products Company (1938))
What does the fourth amendment protect?
unreasonable searches and seizures
What speech is not covered under the First Amendment?
·Obscenity (the definition relies on context, but regular old porn is not considered obscene) ·Fighting words ·Defamation (slander/libel) ·Child pornography ·Perjury ·Blackmail ·Incitement to imminent lawless action ·True threats ·Solicitations to commit crimes ·Plagiarism of copyrighted material