AP gov unit 3 test
Voting rights act of 1965
-banned literacy tests -increased minority voter turnout -required jurisdictions with a history of voter discrimination to receive approval from the fed gov for any changes to election laws
What is the main takeaway from furman v Georgia?
-temporary stopped use of death penalty in the us -the death penalty was being applied arbitrarily with a racial basis against black defendants -ruling forced states to remake their death penalty policies to assure that the death penalty would be administered
What is the main takeaway from greg v Georgia?
-the death penalty does not violate the 8th amendment if it is an "extreme criminal case" such as a deliberate killing of another person.
what questions are asked in the lemon test?
1) does it have a secular purpose? 2)does it inhibits or advance a region? 3)is it "excessive entanglement" between gov and religion?
what was the holding of Wisconsin v Yoder?
Compelling amish students to attend public school beyond 8th grade violates the free exercise clause (prior to the ruling all kids were required to go to school until the age of 16 in Wisconsin)
what is the constitutional principle of Wisconsin v Yoder?
Free exercise clause
What is the constitutional principle of tinker v Des Moines?
Free speech clause (students have a right to political, symbolic speech based on the 1st amendment)
What is the preferred position doctrine?
Free speech is fundamental to liberty, therefore any limit must address imminent threats (court's preference is to rule in favor of free speech whenever possible)
What is the 1st amendment?
Freedom of Religion, Speech, Press, Assembly, and Petition, (free exercise)
What was the constitutional principle of New York Times Co. V. United States?
Freedom of press
Civil rights act of 1964
banned gender discrimination in public accommodations and employment
What did the 24th amendment do?
banned poll taxes
What court case does incorporation reverse?
barron v Baltimore
What is obscenity?
based on community standards; offensive and lacking value, "imminent and lawless action"
What is the free exercise clause?
citizens have the right to practice their preferred religion
What is the main takeaway from roper v Simmons?
death penalty is unconstitutional for those who committed their crimes under 18 years old
what is the lemon test?
establish by the Supreme Court to determine whether a law violates the establishment clause
what was the constitutional principle to support the engel v Vitale case?
establishment clause (it did not get rid of prayer in the school, it got rid of states sponsored freedom led prayer time)
what is the 8th amendment
excessive bail shall not be required, nor cruel and unusual punishment
What are the facts of Wisconsin v Yoder?
for religious reasons, amish families refused to send their children to high school, violating a Wisconsin law
What do the bill of rights guarantee?
fundamental rights and freedoms that the federal government cannot infringe upon, they only restrict the federal government. (1st 10 amendments of the constitution)
Equal Pay Act of 1963
guaranteed equal pay based on gender
what is the inevitable discovery rule?
if it would have eventually been found it can still be used at trial, even if it was obtained illegally
What is public safety exception?
if the question is asked to neutralize a dangerous situation and a suspect responds voluntarily the statement can be used as evidence even though it was made before the Miranda rights were read
What is the exclusionary rule?
illegal obtained evidence may not be used in a trail, but the person may still be tried using other evidence
What is the due process clause the basis for?
incorporation ("nor shall any state, deprive any person of life, liberty or property without due process of law.")
what is the letter from Birmingham jail?
it demands the fulfillment of the 14th amendment's equal protection clause and defends non-violent strategy to oppose racism
What is title IX of the education amendments of 1972?
it prohibited gender discrimination by schools receiving public funds
What does the equal protection clause do?
it provides the legal basis for civil rights and anti-discrimination laws
what does incorporation weaken?
it weakens the state gov because they no longer violate portions of the bill of rights that have been incorporated
What are three examples of speech that is not protected?
libel, slander, obscenity
What is the establishment clause?
no official religion or preferential treatment for certain regions, wall of separation between church and state
What are limits to the exclusionary rule?
objective good faith, and inevitable discovery rule
What is the 9th amendment?
other rights not written and the people have those rights
What makes a search legal?
probable cause, a search warrant, the person consents to the search
What are the facts of Engel v. Vitale?
public schools in new work began the school day by inviting students to recite a nondenominational prayer each morning
What is the 3rd amendment?
quartering troops, suggests the right of privacy
what was decided from Brown v. Board of Education (1954)?
racial segregation in public schools was unconstitutional
What is the 5th amendment?
right to a grand jury, cannot be put in jeopardy twice, should not have to witness against oneself, due process of law
what is the 2nd amendment?
right to bear arms
What is implied in the 1st, 3rd, 4th and 5th, 9th and 10th amendment?
right to privacy
What is a civil liberty?
rights of protection against the government institution, they are also fundamental individual rights and freedoms ex) bill of rights
What does the bill of rights apply to?
states and limited power of the state
what was the holding of the engel v Vitale case?
states cannot hold prayer in public schools even if participation is voluntary and the prayer isn't tied to a specific region
What is the holding of Gideon v Wainwright?
states must provide attorneys for defendants who can't afford one
What is the Miranda rule?
suspects in custody must be informed of their 5th and 6th amendment rights
what did barron v baltimore determine?
the bill of rights only restricts the federal government
What is the main takeaway from Atkins v Virginia?
the death penalty is unconstitutional for intellectually disabled person (IQ<70)
If a person creates a pro-terrorist website that asks people to join terror groups in overthrowing the U.S. government what can the gov do?
the gov can always limit and punish this type of speech
If a student threatens violence against his school on social media in the form of a poem what can the gov do?
the gov can always limit and punish this type of speech
If a person posts online that someone should assassinate supreme court justices what can the gov do?
the gov can usually limit or punish this type of speech
If a person spreads malicious lies about a political candidate during an election what can the gov do?
the gov can usually limit or punish this type of speech
If a person burns down an American flag in protest of gov polices what can the gov do?
the gov may not limit or punish the speech
If a person creates a website asking people to support an anti-war agenda what can the gov do?
the gov may not limit or punish the speech
If a person criticizes the U.S. president on a blog site about public policy what can the gov do?
the gov may not limit or punish the speech
If a person writes and publishes an essay about the superiority of his or her race what can the gov do?
the gov may not limit or punish the speech
If a public school student criticizes the principal and teachers on social media what can the gov do?
the gov may not limit or punish the speech
If a public school student starts a website for students to say hateful things about other students what can the gov do?
the gov may not limit or punish the speech
What is the 6th amendment?
the right to adhere a speedy and public trial, impartial jury, right to counsel of defense, cannot be put into jail indefinitely
What are civil rights?
they are rights that are protected from majority specifically discrimination ex)mlk junior
Americans with Disabilities Act
this act banned discrimination against the disabled in employment and mandated easy access to all public and commerical buildings.
What is the 4th amendment?
unreasonable searches and seizures of stuff/property (ask for search warrants before they invade)
what is incorporation?
updated interpretation of the bill of rights is based on the 14th amendment due process clause (the bill of rights applies to states and limits power of state government)
what is the objective good faith?
when police obtain a warrant they believe is vailed but is not, the evidence gathered may be used at trial
What is a libel?
written lie
What is the holding of tinker v Des Moines?
armbands represent pure speech and students have free speech rights at school
What is the definition of the due process clause?
All levels of American gov must operate within the law and provide fair procedures
What is the pro life movement?
- a social movement to restrict and re-criminalize abortion -has found success in a variety of restrictions at both the state and federal level
What are the facts of Schenck V. United States?
A war protestor was arrested for distributing leaflets opposing the military draft in violation of the espionage act (espionage act states it is a crime to interfere with or attempt to undermine or interfere with the efforts of the U.S. armed forces during a war, or to in any way assist the war efforts of the nation's enemies.)
What is symbolic speech?
Actions that purposefully convey a particular message or statement
What is the main takeaway of Kennedy v Louisiana?
Death penalty is unconstitutional for any homicide crimes against a person including rape
What is the constitutional principle of Gideon v Wainwright?
Incorporated the 6th amendment guarantee of the right to counsel, applying it to defendants in state court
What is the constitution principle to support McDonald V Chicago?
Incorporates the 2nd amendments individual rights to bear arms through the 14th amendment
Why is the exclusionary rule controversial?
It may at times allow guilty people to go free and it makes the job for law enforcement tougher
What is the 10th amendment?
Powers not listed in the Constitution are delegated to the states
What is hate speech?
Protected as long as it doesn't call for imminent lawless action
What is different about roe v wades constitutional principle?
Right to privacy is not in the constitution
What is prior restraint?
Rules of what can/cannot be published (ex. censorship)
What was the 1960's civil rights movement?
Struggle for social justice and equality for African Americans
What are the facts of tinker v Des Moines?
Students were suspended for wearing black arm bands as a symbol to protest the Vietnam war
What is the holding of McDonald V Chicago?
The 2nd amendment's right to bear arms for the purpose of self-defense applies to the states, striking down the Chicago policy
What are the facts of New York Times Co. V. United States?
The Nixon administration attempted to stop the publication of the pentagon papers
What is a probable cause
an officer had good reason to believe a crime has been committed
What is a search warrant?
an order from a judge authorizing a search
What are the facts of McDonald V Chicago?
The city of Chicago denied all licenses for handguns, effectively banning them
What is the holding of Schenck V. United States?
The espionage at did not violate the first amendment and was an appropriate expertise of congress' wartime authority
What was the holding of New York Times Co. V. United States?
The government did not have the right to block publication of the pentagon papers
When making an arrest an officer can search....
The person under arrest, things in plain view, things/placess under your immediate control
What was the constitutional principle to support Schenck V. United States?
There may be time, place and manner restrictions on the first amendment's free speech guarantee
What may speech be regulated based on?
Time, place and manner
What is the 7th amendment?
Trial by jury shall be preserved
What is selective incorporation?
application of the bill of rights to the states on a case-by-case basis (only the 3rd, 7th and the grand jury clause of the 5th amendment haven't be incorporated)
What are the facts of roe v wade?
a Texas state law prohibited abortions except to save the pregnant woman's life
What are the facts of Gideon v Wainwright?
a florid man was charged with a felony and requested that the senate appoint an attorney for him because he could not afford one due to being homeless. The state of florid denied the request
What was the women's rights movement?
a national organization for women was the leading interest group in the push for women's rights in the 1970's
what is slander?
a spoken lie
What is the holding of roe v wade?
a woman has a right to an abortion based on the rights of privacy and is incorporated by the 14th amendment
