AP Gov Chapter 6

Strict Scrutiny

A Supreme Court test to see if a law denies equal protection on terms of RACE, RELIGION, OR ETHNICITY because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal

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.

Identify the constitutional clause that is common to both The Church of Lukumi Babalu Aye v. City of Hialeah (1993) and Wisconsin v. Yoder (1972)

Both cases called into question the First Amendment's "Free Exercise Clause"

Based on the constitutional clause identified in part A, explain why the facts of Engel v. Vitale led to a similar holding as the holding in Wallace v. Jaffree

Both cases ruled that despite being nondenominational and voluntary, setting aside time for prayer in public/federally funded schools was directly unconstitutional, and violated the Establishment of Religion Clause in the First Amendment

Wisconsin v. Yoder (1972)

Civil Liberties SCOTUS case which utilized the "Free Exercise" Clause to support the decision that Wisconsin's compulsory school attendance law was unconstitutional.

Engel v. Vitale (1962)

Civil Liberties SCOTUS decision which found the New York Board of Regents in violation of the "Establishment Clause" of the First Amendment, by writing into law an approval of New York schools to administer a short prayer at the end of school days. The Court decided that writing ANY prayer into legislation violated the Establishment Clause.

Schenck v. United States (1919)

Civil Liberties SCOTUS decision which introduced the "Clear-and-Present-Danger-Test", and ruled that distributing anti-conscription leaflets violated such a test (threatens national security). The case also questioned the constitutionality of the Espionage Act of 1917. Famous for introducing the metaphor of "Shouting fire in a crowded theatre".

Tinker v. Des Moines (1969)

Civil Liberties SCOTUS ruling which ruled that students could wear armbands in protest of the Vietnam War, as long as they did not distract from educational purposes

Gideon v. Wainwright (1963)

Civil Liberties SCOTUS ruling which used the "Due Process" Clause of the Fourteenth Amendment to enforce the Sixth Amendment. Overturned the "Betts v. Brady" ruling, and required state courts to follow the same "right to counsel" rule as federal courts.

New York Times Company v. US (1971)

Civil Liberties case which ruled that the NYT could publish the "Pentagon Papers" because they did not endanger public safety. Called into question the "Freedom of Press" Clause of First Amendment. Set a precedent that prevented presidents from suppressing the press, and brought up the concern of "Prior Restraint"

Roe v. Wade (1973)

Civil Rights SCOTUS case which decided that abortion rights lie in the privacy clause of the Fourteenth Amendment

Free Exercise Clause

Clause in the First Amendment which states that Congress shall make no law prohibiting the free exercise of religion

Establishment Clause

Clause of the First Amendment which states that Congress shall not establish laws recognizing allegiance to any religion

Prior Restraint

Government censorship of potentially libelous information before it is broadcast

Federalist No. 84

Hamilton's argument against a Bill of Rights, because he thought that all rights of a person could not be enumerated, and would therefore be in jeopardy as a result of an incomplete list

Describe an action that citizens who disagree with the holding in Wallace v. Jaffree could take to limit its impact

If parents or students felt that they should be allotted time to pray in school, they could take that time on their own during recess or lunch, instead of during a homeroom or in-class period.

Based on the constitutional clause identified in part A, explain why the facts in Tinker v. Des Moines Independent Community School District (1969) led to a different holding from the holding in Hazelwood School District v. Kuhlmeier (1988)

In "Tinker" the Free Speech Clause was used to support peaceful student protests (wearing armbands) during class because the students were not disrupting class. In "Hazelwood" the ruling went against students because the prohibited speech was determined to be part of a pedagogical assignment rather than a public forum format.

Identify the constitutional clause that is common to both Hazelwood School District v. Kuhlmeier (1988) and Tinker v. Des Moines Independent Community School District (1969)

In both "Tinker" and "Hazelwood", the Free Speech Clause of the First Amendment was called into question. "Tinker" used the clause to validate student protests, while "Hazelwood" used the clause to limit student publications.

Based on the constitutional clause identified in part A, explain why the facts of The Church of Lukumi Babalu Aye v. City of Hialeah led to the same holding as in Wisconsin v. Yoder

In both cases, the Supreme Court found that state laws directly singled out religious groups and practices, and were intended to limit the free exercise of established religions. Therefore, these laws, whether prohibiting the practice of Santeria or requiring schooling of the Amish, violated the Free Exercise Clause of the First Amendment

Identify the constitutional clause that is common to both Wallace v. Jaffree (1985) and Engel v. Vitale (1962).

In both cases, the common clause is the First Amendment's "Establishment of Religion" Clause

Brown v. Board of Education (1954)

Monumental Civil Rights SCOTUS ruling which overturned the Plessy v. Ferguson case, and outlawed the "Separate but Equal" doctrine and racial segregation.

Seneca Falls Conference (1848)

Monumental conference of women for Women's Rights

Fourteenth Amendment

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; nor deny to any person within its jurisdiction the equal protection of the laws

Describe an action that public school students who disagree with the holding in Hazelwood School District v. Kuhlmeier could take to limit its impact

One way students who disagree with the ruling of "Hazelwood" could limit its impact by creating a student lead paper to publish their ideas instead of publishing them in a school-sponsored publication.

Civil Rights

Protects certain groups, and sets requirements on how the government can maintain equal protection of all people from discrimination

Ordinary Scrutiny

Rational Basis Test. A test used by the Supreme Court to determine if laws are unconstitutional based on discrimination of any distinction other than those affirmed in Strict/Intermediate Scrutinies. Can include AGE OR DISABILITIES.

Civil Liberties

Sets limitations on the government, and protects individuals from the government's actions

Current US law bans bigamy and polygamy despite the fact that it is practiced by some religious groups. Using the ruling from the cases above, explain why these laws have been upheld by the Supreme Court

Unlike the ruling of Reynolds v. United States in 1897, which upheld the prohibition of polygamy, both the "Babalu" and "Yoder" rulings decided that isolated religious practices such as Santeria or not attending school did not hold severe civil or legal implications, therefore making them unnecessary to be subjected to discriminatory legal regulation.

Equal Rights Amendment (ERA) (1972)

a proposed amendment to the United States Constitution designed to guarantee equal rights for women

Intermediate Scrutiny

a test used by the Supreme Court in GENDER DISCRIMINATION cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional

Civil Rights Act of 1964

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