AP GOV CH.4

Where would one find the following three clauses: the Privileges and immunities clause, the due process clause, and the equal protection clause, which apply to state governments? Why is it so important to civil rights?

14th amendment

Which 1833 Supreme Court decision held that the Bill of Rights restrained only the national gov., not the states and cities?

Barron v. Baltimore

Which supreme court case overturned the "separate but equal" doctrine?

Brown V. Board of Education

What is the difference between civil liberties and civil rights?

Civil Liberties: The constitutional and other legal protections against government actions. Civil Rights: Policies designed to protect people against arbitrary or discriminatory treatment by gov. officials or individuals.

What type of speech is communication in the form of advertising? It can be restricted more than many other types of speech but has been receiving increased protection form the Supreme Court?

Commercial Speech

The USA Patriot Act allows the gov. to ________.

Detect and prevent possible acts of terrorism, or sponsorship of terrorist groups.

Opponents of the death penalty have argued that it violates which amendment to the constitution?

Eighth

The USA Patriot Act enhances the gov.'s ability to do what?

Examine private records

What is the Lemon test and what does it involve?

Examines the constitutionality of religious establishments. 1.Has a significant secular (i.e. non religious) purpose 2. Does not have the primary effect of advancing or inhibiting religion 3. Does not foster excessive entanglement b/t gov. and religion

What is the First Amendment provision that prohibits governemnt from interfering with the practice of religion called?

Exercise Clause

Which amendment has been interpreted by the supreme court as prohibiting coerced confessions and entrapment?

Fifth

What is the constitutional amendment that establishes freedom of press, speech, religion, assembly, and petition?

First Amendment

Where is the establishment clause found in the constitution?

First Amendment

What was enacted in 2008 to limit the communications of foreign suspects?

Foreign Intelligence Surveillance Act

What was the 1925 Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the fourteenth amendment from impairment by the states" as well as by the federal gov? It started incorporation process.

Gitlow v. New York

What is Prior Restraint?

Gov. actions that prevent material from being published.

What is the 1971 Supreme court case decision that established that aid to church-related schools must (1) have secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive gov. entanglement with religion?

Lemon v. Kurtzman

Which Supreme Court has developed the exclusionary rule?

Mapp v. Ohio

In which 1958 Supreme Court case the court protected the right to assemble peaceably when it decided that the NAACP did not have to reveal its membership list and thus subject its members to harassment?

NAACP v. Alabama

The doctrine of prior restraint says that the gov. cannot prevent speech or publications _____________. What landmark Supreme Court case involves prior restraint?

Near v. Minnesota

Has the Supreme Court Upheld all elements of the Americans with Disabilities Act?

No

Symbolic Speech

Nonverbal communications, such as burning a flag or wearing an armband.

What is the establishment clause?

Part of the first amendment stating that "Congress shall make no law respecting an establishment of religion"

In Zulman v. Simmons-Harris, the Supreme Court ruled that a state program providing families with vouchers could be used to ____________.

Pay for tuition at religious schools

Civil Rights

Policies designed to protect people against arbitrary or discriminatory treatment by gov. officials or individuals.

What is the common method of limiting the press by preventing material from being published in some nations, but is usually unconstitutional in the US, according to the First Amendment?

Prior Restraint

The Supreme Court addressed the constitutionality of a Connecticut law that prohibited the use of contraception by relying on the implied right to __________.

Privacy

What fundamental right many American believe is in the Constitution, but is not?

Privacy & Equality

What is the situation called when the police have reasonable grounds to believe that person who'd be arrested? IN making the arrest, police are allowed legally to search for and seize incriminating evidence.

Probable Cause

When can a police officer legally search someone without a warrant?

Probable Cause

In the 1960's, the supreme court aroused the wrath of many Americans with rulings like that in Engel v. Vitale regarding which controversial religious issue?

Recitation of prayer and bible passages in school

Which Supreme Court has ruled that states can limit abortions if the regulations do not pose what?

Roe v. Wade; Undue Burden

Which 1957 Supreme Court decision ruling was it stated " obscenity is not within age area of constitutionality protected speech or press?

Roth v. US

In which Supreme Court case, Justice Holmes declared that gov. can limit speech if the speech provokes a "clear and present danger" pf substantive evils?

Schenk v. US

What is unconstitutional in school?

Teacher led prayer

What was the 1989 case in which the Supreme court struck down a law banning the burning of the American Flag on the grounds that such action was symbolic speech protected by the First Amendment?

Texas v. Johnson

What did the supreme court order in Gideon v. Wainwright?

The 6th amendment right to counsel is a fundamental right applied to the states via the 14th amendment

Civil Liberties

The constitutional and other legal protections against government actions.

What does incorporation mean?

The incorporation doctrine makes the protections from the Bill of Rights applicable to the states through 14th amendment

In 2003, the Supreme Court upheld affirmative action as long as it does what?

They give them a point

New York Times v. Sullivan held that there must be proof of which of the following in order to find libel against a public figure?

actual malice

What was wrong with the Military Commissions Act of 2006?

allowed the government to jail detainees without an opportunity to file a writ of habeas corpus

What is double Jeopardy?

prevents an individual who is acquitted of a crime from being tried again