AP Government Unit 3

Baker v. Carr (1962)

"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's judicial activism.

Roe v. Wade

(1973) legalized abortion on the basis of a woman's right to privacy

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

First Amendment

5 freedoms: speech, press, religion, assembly, petition

Schneck v. United States

A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Title IX

A United States law enacted on June 23, 1972 that states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

Public Policy

A choice that government makes in response to a political issue. A policy is a course of action taken with regard to some problem.

public policy

A choice that government makes in response to a political issue. A policy is a course of action taken with regard to some problem.

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Fourteenth Amendment

A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians.

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.

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government

Affirmative Action

A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities

pluralist theory

A theory of government and politics emphasizing that politics is mainly a competition among groups, each one pressing for its own preferred policies.

24th Amendment

Abolishes poll taxes

Articles of Confederacy

Adopted in 1777 during the Revolutionary War, the Articles established the United States of America. The Articles granted limited powers to the central government, reserving most powers for the states. The result was a poorly defined national state that couldn't govern the country's finances or maintain stability. The Constitution replaced them in 1789

Federalist 10

An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.

Swann v. Charlotte-Mecklenburg

Approved busing and redrawing district lines as ways of integrating public schools

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Civil Liberties

Constitutional freedoms guaranteed to all citizens

substantive due process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

Legal Precedents

Decisions made by judges in various courts that become rule of law and apply to future cases, even though they were not enacted by legislation.

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

US v. Lopez

Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.

Clear and Present Danger

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

Brutus 1

It is impossible to have a Large republic and have a stable government.

Gay Marriage Legalized

June 26, 2015

Check and Balances

Kept any branch of government from becoming too powerful

Privacy Rights

Liberties protected by several amendments in the Bill of Rights that shield certain personal aspects of citizens' lives from governmental interference, such as the Fourth Amendment's protection against unreasonable searches and seizures.

McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

Shaw v. Reno

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

3rd Amendment

No quartering of soldiers

Fourth Amendment

Protects against unreasonable search and seizure

Obscenity

Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.

Second Amendment

Right to bear arms

Seventh Amendment

Right to trial by jury

Plessey v. Ferguson

Separate but equal

Federalist 51

Separation of powers & checks & balances protects against tyranny

Non-violent protest

Showing disapproval without damaging property or causing any threat

Select Incorporation

Stated in the 14th Amendment; ensured that Bill of Rights, Equal Protection Clause, and Due Process applied to State Law/Rule

Tinker v. Des Moines

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

Engel v. Vitale

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.

New York Times v. US

The President argues that the publication of the Pentagon Papers is in violation of executive privilege. Result: The barring of the publication of these papers is in violation of the 1st A. Publication does not imperial the public.

Nine Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Defendants' Rights

The rights guaranteed to defendants in a criminal case, as defined by the U.S. Constitution and the Supreme Court.

Lemon Test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

Lemon test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Federalist 70

US requires a strong, energetic executive; plural executive is dangerous

Sex-Based Discrimination

When employees or applicants are treated unfairly because of their sex, including unfair treatment due to gender, transgender status, or sexual orientation.

Eleventh Amendment

When states sue other states, it automatically goes before the Supreme Court. Residents of one state cannot sue another state. Another country can't sue the US and vice verse.

Second Wave Feminism

Women's rights movement that revived in the 1960s with a different agenda than earlier women's suffrage movements; second-wave feminists demanded equal rights for women in employment and education, women's right to control their own bodies, and the end of patriarchal domination.

Plessy v. Ferguson

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

Racial Quotas

a certain number of spots reserved for minorities

Voting Rights Act of 1965

a law designed to help end formal and informal barriers to African-American suffrage

Budget Timeline

a. Budget; for all costs related to putting your plan into action b. Prepare a timeline of what is to be done before, during and after the program is initiated

Which of the constitiional provisions is at issue in Schenck v. United States a. First Amendment free speech and free press rights b. Fourteenth Amendment due process clause c. Congress's power to declare war in Article I d. The necessary and proper clause in Article I

a. First Amendment free speech and free press rights

Just as the 4th amendments right to privacy has been declared enforceable against the states through the due process clause of the fourteenth, it is enforceable by the same action... as is used against the federal government. Were it otherwise... the assurance against unreasonable search and seizures would be a "form of words," valueless..."in the concept of ordered liberty."- Justice Tom Clark, Mapp V Ohio 1961The two principles addressed in the excerpt above include a. the incorporation doctrine and the exclusionary rule b. eminent domain and the law of posse comitatus c. the wall of separation and the free exercise clause d. the doctrine of sovereign immunity and Lemon test

a. the incorporation doctrine and the exclusionary rule

Thirteenth Amendment

abolished slavery

federal bureaucracy

agencies and the employees of the executive branch of government

Which of the following Supreme Court decisions allows public school students to wearT-shirts protesting a school board decision that eliminates funding for high school artsprograms? a. Texas V Johnson (1989) b. Tinker v. Des Moines IndependentCommunity School District (1969) c. Engel v. Vitale (1962) d. Wisconsin v. Yoder (1972)

b. Tinker v. Des Moines IndependentCommunity School District (1969)

Most criminal cases are settled in... a. municipal and county courts. b. plea bargaining. c. the jury room. d. Grand Jury

b. plea bargaining

In the majority opinion of a United States Supreme Court case, Justice Alito wrote, "we now turn directly to the question whether the...right to keep and bear arms is incorporated in the concept of due process. In answering that question, . . . we must decide whether the right to keep and bear arms is fundamental to our scheme of ordered liberty."Which Supreme Court case is most aligned with Justice Alito's reasoning to treat gun ownership for self-defense as a fundamental liberty? a. United States v. Lopez (1995) b. McDonald v. Chicago (2010) c. McCulloch v. Maryland (1819) d. Baker v. Carr (1962)

c. McDonald v. Chicago (2010)

Which of the following cases decided whether a state could compel children to attend school beyond eighth grade even if it violated the students' sincerely held religious beliefs? a. United States v. Lopez (1995) b. Brown v. Board of Education of Topeka (1954) c. Wisconsin v. Yoder (1972) d. Tinker v. Des Moines Independent Community School District (1969)

c. Wisconsin v. Yoder (1972)

The Pentagon Papers dealt with a. secret agreements between the United States and the Soviet Union. b. a documented history of United States involvement in the Korean War which the government wanted kept secret. c. a documented history of United States involvement in the Vietnam d. War which the government wanted kept secret. prisoners of war from World War II.

c. a documented history of United States involvement in the Vietnam

In Schenck v. United States (1919), Justice Holmes said that speech can be restricted when it a. advocates the violent overthrow of the United States b. is spoken rather than non-verbal or symbolic. c. provokes "a clear and present danger" to people. d. is uttered by government officials in an effort to establish a religion.

c. provokes "a clear and present danger" to people.

"Wall of Separation"

court ruling that government cannot be involved with religion

Where is the right to privacy found in the Constitution? a. Ninth Amendment b. First Amendment c. Preamble d. It is not in the document

d. It is not in the document

A public school district implemented a policy that allowed students to vote on whether they wanted a student-led prayer to be read at football games. This policy was later found to be unconstitutional by the United States Supreme Court.Which of the following clauses did the policy most likely violate? a. The interstate commerce clause b. The free exercise clause c. The supremacy clause d. The establishment clause

d. The establishment clause

Chicago v. McDonald

determined whether the Second Amendment applies to the individual states. The Court held that the right of an individual to "keep and bear arms" protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states.

Third Wave Feminism

evolved around the late 1980s and into the 1990s; an extension of as well as a response to the shortcomings of the second wave

Due Process

fair treatment through the normal judicial system, especially as a citizen's entitlement.

Title VII of the Civil Rights Act of 1964

forbids discrimination in all areas of the employment relationship

Prior Restraint

government censorship of information before it is published or broadcast

exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial

Discrimination

in classical conditioning, the learned ability to distinguish between a conditioned stimulus and stimuli that do not signal an unconditioned stimulus

Affirmative Action Programs

legally mandated plans that try to increase job opportunities for minority groups by analyzing the current pool of workers, identifying areas where women and minorities are underrepresented, and establishing specific hiring and promotion goals, with target dates, for addressing the discrepancy

Symbolic speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

Constitutional Principles

popular sovereignty, limited government, separation of powers, checks and balances, judicial review, federalism

Plea bargains

process in which the defendant pleads guilty to criminal charges in exchange for a reduced sentence

Twelth Amendment

requires electors to vote separately for President and Vice Pres.

freedom of expression

right of people to speak, publish, and assemble

First Wave Feminism

right to vote; right to divorce; right to property

Difference between Articles of Confederation and the U.S. Constitution

the Articles of Confederation are the rules that were agreed by the United States of America in the 18th century whereas the constitution is the rules that democratic countries and other legalized institutions develop to implement law

Miranda Rule

the constitutional rights which police must read to a suspect before questioning can occur

Declaration of Independence

the document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain

Search and Seizure

the process by which police or other authorities who suspect that a crime has been committed do a search of a person's property and collect any relevant evidence to the crime; protection from illegal search and seizure is in the Fourth Amendment

freedom of assembly

the right of the people to gather peacefully and to petition government

Women's Suffrage

the right of women to vote

To petition the Government for a redress of grievances

the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals. ... The right to petition in the United States is granted by the First Amendment to the United States Constitution (1791).

Free Speech

the right to say our opinions, in public or in private, without fear of being stopped or punished by the government for those ideas

Civil Rights

the rights of citizens to political and social freedom and equality.

Framer's view of primary functions of government

to help protect the American people and ensure its longevity

Federalist 78

written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions