Unit 3 AP Government Test Beerman 2021

civil rights

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

The cartoon refers to civil liberties provided in the

4th amendment

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. But failed to give states a set timeline to desegregate, therefore some states, the south particularly, was slow to desegregate.

Free Exercise Clause

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

judicial restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

Amendment 6 (VI)

A person charged with a crime has the right to a speedy trial, an impartial jury, and a lawyer.

Amendment 7 (VII)

A person in a civil case is guaranteed a trial by jury.

Affirmative Action

A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities. Note: Proponents believe affirmative action is necessary to ensure equality for those who face adversity and of their circumstances. While Opposers argue that affirmative action is considered to be "reverse discrimination" against majority groups and harms minorities by tainting the admissions process.

Libel

A written defamation of a person's character, reputation, business, or property rights.

Amendment 13

Abolition of slavery

Roe v. Wade (1973)

Abortion rights fall within the privacy implied in the 14th amendment

Amendment 26 does what?

Allows 18 or older to vote

Which of the following best describes the Supreme Court's ruling in a case of selective incorporation?

Cities may not prohibit the individual ownership of firearms.

Establishment Clause

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

Engle v. Vitale

Dealt with prayer in public schools. Ruled that prayer was allowed in public schools but cannot be made mandatory by school official as this would violate the Free Exercise Clause of the 1st amendment.

Mapp v. Ohio (1961)

Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism.

Which of the following best describes the exclusionary rule?

Evidence obtained by authorities without a valid warrant is inadmissible in court.

good faith exception to the exclusionary rule

Evidence that is discovered by officers acting in good faith, but under the mistaken belief that a search was valid, and that can be used at the trial of a defendant.

Slander

False charges and malicious oral statements about someone; spoken defamation

Texas v. Johnson (1989)

Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment.

The city of Pawtucket, Rhode Island, along with several local businesses, sponsored a holiday display, which included a manger scene portraying the birth of Jesus, along with Santa Claus, reindeer, a clown, an elephant, a teddy bear, and holiday lights. A group of citizens brought a lawsuit claiming the display violated the Constitution. In Lynch v. Donnelly (1984), the Supreme Court ruled that Pawtucket's display did not violate the Constitution in a 5-4 decision. Which of the following provisions in the First Amendment was the basis for the lawsuit described?

Free Exercise Clause

Amendment 4

Freedom from unreasonable searches and seizures

There are other review questions underneath Unit 3 Review that can be reviewed as well!!!!!!!

I don't want to put all of them on here as there are already 58 terms on this thing.

Amendment 14

If you are born or naturalized in the U.S. then you are a citizen of the U.S. Also contains the Equal Protection Clause.

McDonald v. Chicago

Incorporated the 2nd Amendment right to bear arms to the states. Chicago city ordinance banning the ownership of a firearm was unconstituitional and in violation of the 2nd amendment.

judicial activism

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values. (ie. same-sex marriage)

Amendment 10

Powers Reserved to the States

The right to remain silent and to have a lawyer present during questioning are examples of

Procedural due process

Tinker v. Des Moines (1969)

Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes and the learning environment. The supreme court upheld the first amendment and established symbolic speech as protected underneath the 1st amendment.

he First Amendment does not protect which of the following types of speech?

Speech that disturbs the peace, in violation of reasonable local regulations

New Jersey v. TLO

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

Which of the following best explains why the court ruled differently in Lynch v. Donnelly than it did in Engel v. Vitale (1962)?

Taken as a whole, the holiday display did not advance or endorse a particular religion.

The cartoon expresses which of the following viewpoints? (This is the woman with the shield and sword one)

The First Amendment protects offensive speech.

A female college professor at a public university believes she was not granted tenure because of her gender. Which of the following is the best legal basis for her claim against the university?

The Fourteenth Amendment's equal protection clause

How did the Supreme Court rule when it came to the Patriot Act?

The Supreme Court act ruled in favor of the Patriot Act. The act allowed the government to look at phone records on a mass record for any and all of them.

Miranda v. Arizona (1966)

The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent. Remember: Miranda Rights

Which of the following is a reason why civil rights activists might advocate for legislation, instead of filing lawsuits through the judicial system?

The judiciary lacks the power to implement its decisions.

Amendment 9 (IX)

The people have rights other than those mentioned in the Constitution.

Wisconsin v. Yoder

The state of Wisconsin had a law requiring children to go to school up to a certain age. Yoder challenged the law as it went against their religion. The Supreme Court ruled in favor with Yoder as the state of Wisconsin had violated the Establishment Clause.

particpatory democracy

The theory that widespread participation in politics is essential to democratic government.

In the 1990s, several state legislatures passed "three-strikes" laws mandating that defendants convicted of a third serious offense be sentenced to twenty years or more in prison. Which of the following is the best constitutional argument against three-strikes laws?

They violate the equal protection clause of the Fourteenth Amendment because defendants with three convictions are not treated the same as defendants with fewer convictions.

In 2017, several players in the National Football League kneeled during the national anthem to draw the public's attention to racial inequality. President Trump responded to the protest with a statement that NFL owners should fire players who engage in such protests. Which of the following best describes how this issue relates to constitutional rights?

This is not a free speech issue under the First Amendment because the NFL is a private organization.

Amendment 19: Women's Suffrage

Women were given the right to vote

Amendment 15

You cannot prevent a person from voting because of race, color, or creed.

Plessy v. Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal. Considered to be a huge mistake made by the supreme court and later overturned in Brown v. Board of Education.

Voting Rights Act of 1965

a law designed to help end formal and informal barriers to African-American suffrage including protection from literacy tests or things that could prevent them from voting. This strengthened the 15th amendment. The law came about as a result of state governments, the south particularly, were preventing African Americans from voting.

Reasonable Suspicion

a suspicion based on specific facts; less than probable cause

pluralist democracy

a theory of democracy that holds that citizen membership in groups is the key to political power.

selective incorporation

court cases that apply Bill of Rights to states

Amendment 5

due process, double jeopardy; self incrimination

Civil Liberties

freedoms to think and act without government interference or fear of unfair legal treatment

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

Clear and Present Danger Clause

law should not punish speech unless there was a clear and present danger of producing harmful actions and posing a threat to national security.

Amendment 8 (VIII)

no excessbail or fines; no cruel or unusual punishment

probable cause

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion

The Lemon test established that

there shall be no excessive entanglement of government and religion, money must be secular in purpose, and the money must neither advance nor inhibit religion.