AP Gov - Unit 3 Review

With which of the following statements would the cartoonist most likely agree?

There is a constant struggle to define the separation of church and state

National Organization for Women (NOW)

An interest group representing the issues of gender equality, drawing most of its influence from action-prompted litigation.

National Association for the Advancement of Colored People (NAACP)

An interest group representing the issues of racial equality, drawing most of its influence from litigation

Heart of Atlanta Motel v. United States(1964)

Court case that made discrimination in public accomidations such as hotels and restraunts illegal.

obscene speech

language or images that are so offensive that the government has banned them, and it is not protected under the First Amendment.

Jim Crow laws

laws enacted by southern states that discriminated against blacks by creating "whites only" schools, theaters, hotels, and other public accommodations

grandfather clause

legal method used to exclude blacks from poll taxes and literacy tests

Roe v. Wade

legalized abortion on the basis of a woman's right to privacy

preclearance

mandated by the Voting Rights Act of 1965, the prior approval by the Justice Department of changes to or new election laws by certain states

Twenty-Fourth Amendment

outlawed the use of poll taxes at any level of government

which statement is accurate regarding the law and government surveillance of persons in the united states?

policies have changed over time as people debate the balance between security needs and individual liberties

white primary

practice of keeping black citizens from voting in southern states' primaries through the arbitrary use of registration requirements and intimidation

Civil Rights Act (1957)

primarily a voting rights bill, was the first civil rights legislation enacted in the United States since Reconstruction. It was proposed by Congress to President Dwight Eisenhower.

Procedural Due Process

procedural laws that protect the rights of individuals who must deal with the legal system

Civil Rights Act (1875)

prohibited discrimination against blacks in public places and on public transportation; declared unconstitutional by Supreme Court

Nineteenth Amendment

prohibited voting restrictions based on gender

Fifteenth Amendment

prohibited voting restrictions based on race, color, or previous condition of servitude (slavery)

poll taxes

required payment for voting used to disenfranchise black citizens

de facto segregation

segregation "by fact", segregation that results from factors like housing patterns rather than law.

de jure segregation

segregation by law, segregation that is required by government

which statement best describes the supreme courts interpretation of the 14th amendment?

the 14th amendments due process clause takes most rights contained in the Bill of Rights applicable to the states

what is the key difference between the due process clause in the fifth amendment and the due process clause in the 14th amendment?

the 5th amendment protects citizens against the federal government, while the 14th amendment protects citizens against the states

Gideon v. Wainwright

the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

which statement accurately describes the supreme court's contemporary interpretation of the death penalty?

the court has interpreted the execution of minors and the mentally handicapped as unconstitutional

white flight

the movement of whites out of urban centers to the suburbs.

What must a suing party prove to win a libel lawsuit?

the offending party acted maliciously and caused damage

Bill of Rights guarantees which of the following rights to a person arrested and charged with crime?

the right to legal representation

Defense of Marriage Act (DOMA)

the word "marriage" means only a legal union between one man and one woman as husband and wife. Deemed unconstitutional in U.S. v. Windsor (2013) and Obergefell v. Hodges (2015)

interdistrict busing

busing across district lines.

Public Interest

The concerns or opinions of the public as a whole.

literacy test

an arbitrary test used to prevent black citizens from registering to vote

Civil Liberties

freedoms guaranteed to individuals which the government cannot infringe upon

Metadata

data that describes other data

JFK

1961-1963, Democrat, both parties had the platform of civil rights planks and a national health program, used president to be elected and first Roman Catholic

Griswold v. Connecticut

1965 decision that the Constitution implicitly guarantees citizens' right to privacy.

equal protection clause

A clause of the Fourteenth Amendment that forbids any state to deny equal protection of the laws to any individual within its jurisdiction

Equal Rights Amendment

A constitutional amendment originally introduced in Congress in 1923 and passed by Congress in 1972, stating that "equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." Despite public support, the amendment failed to acquire the necessary support from three-fourths of the state legislatures.

Miller v. California

A court case that created a test for obscenity. Depending on the results of the test, the courts can decide if the obscene material is protected under the Constitution. Ex. First Amendment

Which of the following scenarios is an example of a constitutional application of affirmative action?

A federal contractor actively recruits qualified minorities and women for positions in the company.

Letter from Birmingham Jail

A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. He was disappointed more Christians didn't speak out against racism.

freedom-of-choice plans

A school integration plan mandating no particular racial balance

Thirteenth Amendment

Abolition of Slavery

Equal Pay Act (1963)

An amendment to the Fair Labor Standards Act, this act requires equal pay for men and women doing equal work.

What as the effect of the opinion in Schenck v. United States?

As long as speech doesnt present a clear and present danger, it is allowed

Tinker v. Des Moines Independent Schools

Case that decided that students have the right to symbolic speech as long as it does not provoke dangerous behavior or cause a disruption.

Wisconsin v. Yoder

Case that determined Amish students do not have to attend school after they are 16 because of their religious beliefs. The state wanted to require students to attend school through 12th grade because otherwise they would be a "burden to society." The Court ruled that homeschooling would be just as effective on the students learning because of Amish society. This case exemplified that the free exercise clause overrode state efforts to promote health and safety.

Schenck v. United States

Case that established the government can prosecute and punish those who express opposition that is dangerous to the nation. In this case, one cannot print anti-draft papers during wartime.

McDonald v. Chicago

Case that stated that the second amendment to bear arms applies to states.

Establishment Clause

Clause in the First Amendment that prevents the government from establishing a national religion. Also, governing institutions cannot sanction, recognize, favor, or disregard any religion.

"As this Court's cases have made clear, however, the compelling interest that justifies consideration of race in college admissions is not an interest in enrolling a certain number of minority students. Rather, a university may institute a race-conscious admissions program as a means of obtaining 'the educational benefits that flow from student body diversity'. . . . "Increasing minority enrollment may be instrumental to these educational benefits, but it is not, as petitioner seems to suggest, a goal that can or should be reduced to pure numbers. " Based on the text, which of the following statements would the author most likely agree with?

Colleges and universities should be allowed to use race as a factor in admissions

"The Constitution instructs all who act for the government that they may not 'deny to any person . . . the equal protection of the laws.' In implementing this equality instruction, as I see it, government decisionmakers may properly distinguish between policies of exclusion and inclusion. " Based on the text, which of the following statements would the author most likely agree with?

Colleges and universities should be allowed to use race as a factor in admissions

Fourteenth Amendment

Declares "all persons born or naturalized in the United States... are citizens" and that no state can "deprive any person of life, liberty, or property without due process of law..."

Engel v. Vitale

Established that prayer in public schools violated the first amendment. Since attendance was mandatory in school, there could not be an established prayer.

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

majority-minority districts

In the context of determining representative districts, the process by which a majority of the population is from the minority.

Lemon vs. Kurtzman

Involved teachers at a religion school being paid by state funds to teach religious subjects. The states made many laws involving this, so the Court ruled those laws resulted in an excessive entanglement between church and state. Created a test to determine excessive entanglements in future cases

In Wisconsin v. Yoder (1972) how did the Supreme Court's decision address state interests and individual rights?

It balanced the state's interest in compulsory education with the students' free exercise rights.

substantive due process

Judicial interpretation of the Fifth and Fourteenth Amendments' due process clauses that protects citizens from arbitrary or unjust state or federal laws.

Those who disagree with the views in the majority opinion in Schenck v. the United States would likely celebrate the shaping of the Constitution in which free speech ruling?

New York Times v. United States

In what way do the decisions in Engel V Vitale and Wisconsin V Yoder differ?

One suggests a public policy creates an establishment of religion, while the other suggests a public policy denies a free exercise of religion

"don't ask, don't tell"

Policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while barring openly gay, lesbian, or bisexual persons from military service. Repealed in 2011.

Free Exercise Clause

Prevents governments from stopping religious practices unless the practice is illegal or deeply opposes the interests of the community.

"separate but equal"

Principle upheld in Plessy v. Ferguson (1896) in which the Supreme Court ruled that segregation of public facilities was legal.

Title IX

Prohibited gender discrimination in federally subsidized education programs. Largely responsible for the prevalence of female sports at the college and high school level today.

Fifth Amendment

Protects the rights of people accused of crimes, protection against double jeopardy, self-incrimination, and punishment without due process of law.

Which of the following consequences may occur based on the data in the graph?

Restrictions on offensive school speech will likely be eased

symbolic speech

Something a person says, does, or wears that conveys a political message.

Which of the following statements best describes how the balance of liberties and safeties has been interpreted over time?

Stare decisis requires similar finding in similar cases

Which of the following is an accurate summary of the selective incorporation doctrine?

States must protect most rights in the Bill of Rights based in the Fourteenth Amendments due process clause

Obergefell v. Hodges (2015)

Struck down state bans on same sex marriage. The 14th Amendment requires States to license a marriage between two people of the same sex. States must recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. (Roberts Court)

Swann v. Charlotte-Mecklenburg (1971)

Supreme Court decision that held student busing is an acceptable method for integrating public schools because of de facto segregation

Regents of the University of California v. Bakke (1978)

Supreme Court decision that upheld affirmative action in that race can be a contributing factor for university admissions. However, "set-asides" or quotas are not allowed...meaning specific spots can not be set-aside for prospective students of a particular gender or racial/ethnic group.

Brown v. Board of Education of Topeka, Kansas (1954)

Supreme Court decision which declared school segregation to be unconstitutional.

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

Wall of Separation

Supreme Court interpretations that defined the establishment clause and created separation between the church and state.

heightened scrutiny test

Supreme Court test to see if a law denies equal protection because it doesn't serve a compelling state interest and is not narrowly tailored to achieve that goal.

New Jersey v. TLO

Supreme court case in which it was decided that a student may be searched if there is "reasonable ground" for doing so.

Civil Rights Cases (1883)

The Court held that Congress lacked the constitutional authority under the enforcement provisions of the Fourteenth Amendment to outlaw racial discrimination by private individuals and organizations, rather than state and local governments.

Which of the following is the most complete summary of the selective incorporation doctrine?

The Supreme Court has required states to apply certain rights in the bill of rights through the 14th amendments due process clause

Lawrence v. Texas (2003)

The Supreme Court struck down anti-sodomy laws in various states thus making same-sex activity legal nationwide.

Fourteenth Amendment

The constitutional amendment adopted after the Civil War that states, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; not deny to any person within its jurisdiction the equal protection of the laws."

In Roe v. Wade (1973), the United States Supreme Court used what provision of the United States Constitution to extend the right to privacy to women seeking abortions?

The due process clause of the Fourteenth Amendment

Due Process

The following of certain legal principles when convicting someone. It ensures fair procedures when the government burdens or deprives an individual, and it prevents the government to take away life, liberty, or property without a legal cause. In the 5th amendment.

New York Times v. United States

The government does not have the power of prior restraint of publications under the free press clause, unless said publications are dangerous for national security.

prior restraint

The government stopping spoken or printed expression before it is broadcasted or published.

Selective Incorporation

The process by which the Supreme Court has ruled in landmark cases that have incorporated the Bill of Rights into state constitutions based on the Fourteenth Amendment's due process clause.

right to privacy

The right to a private personal life free from the intrusion of government.

Under Roe v. Wade (1973), as originally decided, when may the state largely prohibit women from having abortions?

The state's interest in prohibiting abortions is greatest during the third trimester of the pregnancy; thus, the state may prohibit women from seeking abortions in some conditions.

Civil RIghts Act (1964)

This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.

With the variety of religious denominations and religions represented at a public high school, the administration has decided to bar students from wearing any religious symbols or garb that reflect a particular religious faith. Which of the following would be the best legal advice for the school administrators?

This is an unsound policy because of the free-exercise clause.

reasonableness standard

When the government treats some classes of people differently from others, the different treatment must be reasonable and not arbitrary

compelling governmental interest

a purpose important enough to justify the infringement of personal liberties

Plessy v. Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal -provided justification for K-12 segregation

strict scrutiny

a Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal

Missouri ex rel. Gaines v. Canada (1938)

a United States Supreme Court decision holding that states that provide a school to white students must provide in-state education to blacks as well. States can satisfy this requirement by allowing blacks and whites to attend the same school or creating a second school for blacks.

exclusionary rule

a law that prohibits the use of illegally obtained evidence in a criminal trial.

under what circumstances can police conduct searches?

as long as they have probable cause of criminal activity

Affirmative action

designed to correct the effects of past discrimination; requirement by law that positive steps be taken to increase the number of minorities in business, schools, colleges, and labor

Dwight D. Eisenhower

elected president-president during integration of Little Rock Central High School

quotas

established limits by governments on the number of immigrants who can enter a country each year

Which of the following principles is meant to discourage the government from conducting unlawful searches and to protect citizens when unlawful searches occur?

exclusionary rule

Libel

false statements in print that defame someone, hurting their reputation.

Voting Rights Act (1965)

federal law that increased government supervision of local election practices, suspended the use of literacy tests to prevent people (usually African Americans) from voting, and expanded government efforts to register voters.

the Miranda rule stems from rights protected by which of the following amendments?

fifth and sixth amendment

which of the following is an accurate comparison of substantive and procedural due process?

followed when the ideas or points of the law are fundamentally fair and just focuses on the manner in which government acts towards citizens

Which of the following constitutional issues is represented in the graphic?

free speech

clear and present danger test

free speech has limitations. The government can convict citizens for speech if it incites unlawful action or danger. Ex. Trying to persuade citizens to overthrow the government.

search and seizure

to examine and take property (4th amendment)

disenfranchise

to take away the right to vote by law or intimidation

public safety exception

when public safety is in jeopardy, police may question a suspect in custody without providing the Miranda warnings