Ap government unit 3 test
New York v. Quarles
"Public safety" exception to Miranda. Police officer asked suspect about gun before Miranda. Gun was admitted as evidence in court.
Heart of Atlanta Motel v. United States
(1964) Places of public accomodation had no "right" to select guests as they saw fit, free from governmental regulation because of the Commerce Clause.
New York Times co v. United States
(1971) "Pentagon Papers" case decided Nixon's attempted "prior restraint" was unconstitutional interference with press freedom
Furman v. Georgia
(1972) Death penalty is cruel and unusual if carried out in "an arbitrary, discriminatory, and capricious manner".
The setback of women and civil rights
- "coverture" - Failed equal rights amendments
What were the advances of African American and Civil Rights
- 13th, 14th, and 15th amendments - civil rights act - Nat'l Assoc. for the advancement of colored people created - brown v. board - civil rights act - voting rights act
Advances on LGBTQ
- Dont ask dont tell - Romer v. Evans - Lawrence v. texas - repeal of DADT - obergefell v. Hodges
What were the setbacks of African American and civil rights
- Dred Scott v. Sanford - Jim Crow laws - Civil rights cases - plessy v. ferguson - shaw v. reno - Cooper v. Harris
Freedom of religion
- Establishment clause "congress shall make no law respecting an establishment of religion" - Free exercise clause "...or prohibiting the exercise of"
pro choice on abortion
- Griswold v. Connecticut - Roe v. wade - planned parenthood v. Casey
The advances of Women and Civil rights
- Seneca Falls declaration of sentiments and resolutions - 19th amendment - civil rights act of 1964 - National organization for women - title IX - women in military academies
Advances on whites
- UC v. Bakke - Gratz v. Bollinger - Ricci v. Destefano
pro life on abortion
- abortion illegal in us until 1973 - Webster v. Reproductive health services
Setbacks on whites
- affirmative actions - AFL-CIO v. Weber - Grutter v. Bollinger
Setbacks on LGBTQ
- discrimination - bowers v. hardwick - defense of marriage act - boys scout v. Dale
reconstruction amendments include
13th, 14th, and 15th amendments
due process clause
14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
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
1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.
District of Columbia v. Heller
2008 Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.
what amendments include right to privacy
3rd, 4th, 9th, and 14th amendments
Schenck 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.
Regents of the University of California v. Bakke
A 1978 Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race.
Fourteenth Amendment
A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians.
Wisconsin v. Yoder
Amish people refused to send their children to school past the 8th grade when the state required public schooling for all children until age 16. Result: This law is in conflict with the Free Exercise clause. The statute is in direct conflict with Amish beliefs. The Amish may teach themselves.
Acts of congress include
Civil rights act of 1964, Voting rights act of 1965, and title 9 of the education amendments act of 1972
Wilkerson v. Utah
Death by fireing squad is constitutional.
US v. Miller
Does the 2nd amendment protect an individuals right to keep and bear a sawed off double barrel shot gun... NO
majority-minority districts
Drawing district boundaries to give a minority group a majority
Mapp v. Ohio
Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)
Which of the following is an example of affirmative action
Harvard Medical School actively recruits highly qualified minorities and female applicants for its residency program
In Wisconsin v. Yoder (1972) how did the Supreme Court's decision address state interests and individual rights
It balanced the states interest in compulsory education with the students free exercise rights
Eighth Amendment
No cruel and unusual punishment
The case Plessy v. Ferguson (1896) upheld the standard of "separate but equal" in American law. Which of the following explains how this case relates to Brown v. Board of Education of Topeka (1954)
Plessy established a precedent that was eventually overturned in the Brown case
Title IX of Education Act of 1972
Prohibited gender discrimination in federally subsidized education programs
fourth amendment
Protects against unreasonable search and seizure
Sixth Amendment
Right to a speedy and public trial
Seventh Amendment
Right to trial by jury
fifth amendment
Rights of people accused of crimes
Tinker v. Des Moines independent community school district
Supreme Court held that symbolic speech is protected by the first amendment... court ruled that public school students could wear black armbands in school to protest
Gitlow v. New York
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 government.
roe v. wade
The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.
Gregg v. Georgia
The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.
McDonald v. Chicago
The Court held that the right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the Due Process Clause of the 14th 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.
The United States Supreme Court reviewed state-mandated racial segregation in public schools. The Court stated that the separate schools "involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other 'tangible' factors. Our decision, therefore, cannot turn on merely a comparison of these tangible factors [among the] schools involved in each of the cases. We must look instead to the effect of segregation itself on public education." Which of the following rules or clauses did the Supreme Court use to address the issue of racial segregation in public schools
The Fourteenth Amendment's equal protection clause in Brown v. Board of Education of Topeka (1954)
In McDonald v. Chicago (2010), the Court ruled that the Second Amendment right to bear arms was applicable to the states. Which of the following sections of the United States Constitution did the Supreme Court use to support its ruling?
The doctrine of selective incorporation through the Fourteenth Amendment, holding that state action limiting gun rights deprived persons of "life, liberty, or property, without due process of law"
In Brown v. Board of Education of Topeka (1954), the Supreme Court struck down racial segregation in public schools, finding that "separate educational facilities are inherently unequal." What constitutional clause did the Court rely most heavily on to reach this decision
The equal protection clause
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.
Under Roe v. Wade (1973), as originally decided, when may the state largely prohibit women from having abortions
The state's interest in prohibiting abortions is greatest during the third trimester of the pregnancy; thus, the state may prohibit women from seeking abortions in some conditions
I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed, "We hold these truths to be self-evident, that all men are created equal." I have a dream that one day on the red hills of Georgia, sons of former slaves and the sons of former slave-owners will be able to sit down together at the table of brotherhood. I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice. I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. Martin Luther King, Jr. Which of the following explains the most significant long-term consequence of the ideas expressed in the passage?
The value of "all men are created equal" was reaffirmed both in law and in American political culture
Plessy v. Ferguson
a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal
selective incorporation
a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights
Gideon v. Wainwright
a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.
The exclusionary rule
a law that prohibits the use of illegally obtained evidence in a criminal trial
The voting rights act of 1965
allowed congress and the federal government to over see Tate elections in southern states
Writing for the court in Regents of the University of California v. Bakke (1978), a case weighing whether or not race can be considered in college admissions, Supreme Court Justice Lewis Powell wrote that " . . . Race or ethnic background may be deemed a 'plus' in a particular applicant's file, yet it does not insulate the individual from comparison with all other candidates for the available seats." Which of the following legal concepts is Justice Powell considering in his statement
equal protection clause
prior restraint
government censorship of information before it is published or broadcast
Baze v. Rees
lethal injection can be used for capital punishment
The Civil rights act of 1964
outlawed discrimination based on race, color, religion, sex, or national origin
Glossip v. Gross
the use of midazolam in executions was not found cruel and unusual punishment
Engel v. Vitale
voluntary prayer was declared violating the establishment clause....declared School sponsorship of religious activities violates the establishment clause
