AP Gov Essay Test – Flashcards
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Dread Scott v. Sanford
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Scott's lawyer claimed he was free because of the 5th Amendment's Due Process Clause and because of the Nebraska laws
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Near v. MN
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Owner of newspaper wrote articles attacking law enforcement officials; man claimed his arrest was a form a prior restraint violating the Due Process Clause
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Gitlow v. NY
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First time Bill of Rights issue was placed on the states
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Tinker v. Des Moines
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School threatened to suspend students who wore black armbands protesting the Vietnam War; ruled in Tinker's favor it violated the freedom of expression
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Roth v. US
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Established Roth Test that pertained to whether material is obscene; test said if it does not appeal to citizens then it is obscene
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Miller v. California
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Miller Test states that the average person applying contemporary community standards determines that the material is shameful or morbid interest in sex or body functions
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Texas v. Johnson
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Man in Texas violated the Flag Protection Act by burning the American flag but Johnson wins case because there is no evidence that this threatened a disturbance of peace and gov't cannot limit public expression just because public does not like it
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Virginia v. Black
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Law about burning a cross is found to be unconstitutional but cross can not be burned with intent to intimidate
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US v. O'Brien
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Right to organize and administer a draft
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Everson v. Board of Education
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Ruled that the town was not allowed to provide funs for busing to private schools because it incorporates the Establishment Clause to the states
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US Jaycees v. Roberts
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Challenged in Supreme Court because Jaycees were violating the 14th Amendment's Equal Protection Clause; Suspect classification was being used by Jaycees - someone establishing membership based on gender, race, or nationality
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BSA v. Dale
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BSA law stating homosexuals could not be leaders or affiliated with them; BSA claimed right based on association and it held up but only by 5-4 margin
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NAACP v. Alabama
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Alabama wanted list of NAACP members living in Alabama and they did not give it to them; Court ruled that 14th Amendment and Due Process Clause was violated by Alabama
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Engel v. Vitale
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Governing body of New York schools sued for requiring a non-denominational prayer in homeroom because of separation of church and state; violated the 1st and 14th Amendment
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Abington School District v. Schempf
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State required reading of scripture in homeroom; found to be unconstitutional because of Establishment Clause
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Lemon v. Kurtzman
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Question is did the funds of PA and RI that provided public schools with funds to help pay teacher salaries and supply books; excessive entanglement
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Lemon Test
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1. Have a secular legislative purpose 2. Not have the primary effect of advancing or inhibiting religion 3. Not result in "excessive entanglement with religion"
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Goldman v. Weinberger
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Court ruled that Goldman could not wear his kippah in the army because it did not follow uniform code
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Watchtower Bible and Tract Society v. Village of Stratton
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Need a permit to solicit anything, Jehova's Witnesses specifically mentioned; claims this violates freedom of speech, press and religion; court finds needing a permit to be illegal
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Terry v. Ohio
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Men found with concealed weapons but lawyers try to get evidence thrown out because it was not found with a search warrant; court ruled to be search legal
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California v. Acevedo
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Police search man's trunk after they watched him put a package in it that they believed to be marijauna; court says this is legal because officer had probable cause
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Miranda v. Arizona
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Ernesto Miranda arrested for various crimes but was not read his rights and only evidence against him was his own confession; court ruled 5-4 in favor of Miranda and established Miranda Rights
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Gregg v. Georgia
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Supreme Court says capital punishment is constitutional; Must have 2 trials, one to find if guilty for murder and one to find if it is necessary to give capital punishment
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Heart of Atlanta v. US
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Constitutionality of Civil Rights Act of 1964 is challenged, but court upholds the reasoning of it
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California v. Bakke
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Bakke suffered reverse discrimination because he was better qualified but got denied because he was white; Bakke wins because University of California used ratio system
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Plessy v. Ferguson
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Separate but equal facilities
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Gruttner v. Bollinger (U of Mich)
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Policy of law school is constitutional because it did not use point system and was holistic
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Gratz v. Bollinger (U of Mich)
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Undergraduate point system violates Civil Rights Act of 1964 and Equal Protection Clause
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Griswold v. Connecticut
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Conn had law proscribing contraceptives against the law; substantive due process makes it necessary because it promotes liberty which is fundamental of the US and cannot be taken away
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Roe v. Wade
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Roe sued Texas because she wanted an abortion and they were illegal, argued that Constitution ensures right of privacy; ruled in favor of Roe; Limitations on Abortion: need parent consent if a minor, must view presentation of consequences of abortion, 24 hour waiting period after presentation, must inform spouse if married, clinic must agree to procedure; abortions allow women to participate in a normal lit and substantive due process used to protect fundamental rights
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Dissenting Poor
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peoply who are poverty stricken without it being their own fault
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Absolute Poverty
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once you fall below a certain level of income where you can no longer provide decent life essentials
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Relative Poverty
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applied community standards and what a person in the community should have access to
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First Amendment
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Guarantees speech, press, religion, assembly, petition
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Pedantic Speech
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instructional of your perception regarding something
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Absolutist View
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congress shall make no law abridging freedom of speech or press
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Consensus View
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appropriate and natural limitations
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Libel
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expression of untruth that hurts reputation
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Slander
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saying something that is untrue and hurts reputation
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Prior Restraint
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forcing someone to not do something before it is done; rarely permitted
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Preferred Position
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right of free speech is the preferred position
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Incitement
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trying to urge someone to do something illegal
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Procedural Due Process
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a person who has something taken from him by the government could not have it happen unless it is fair, open, and in a reasonable way
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Substantive Due Process
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the very process itself must be fair, reasonable, and humane; dependent upon facts of case and more powerful for judges
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Content Neutral
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not dependent on the message being conveyed
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Intimate Association
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right of close friends to gather
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Expressive Association
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right for people to gather for professional or business purposes
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Northwest Ordinance of 1787
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Banned slavery; religion, morality, and knowledge being necessity to government and happiness to mankind schools shall be encouraged
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Amendment 2
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Only times we should have standing army is during a time of war; during peace time just a constabulary army, police force, is needed; original purpose was states had ability to create militias; gov't cannot have monopolies on violence
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Amendment 3
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Revolutionary War Amendment; no soldier in time of peace shall be quartered in a house without consent of owner
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Amendment 4
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Search Warrant Amendment; warrants must have specificity and be issued by a magistrate; non-warrant searches may be permissable if officer is acting in good faith and if material they need to seize is in plain sight; people have right of privacy
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Amendment 5
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Rights of the Accused; no person shall be held to answer indictment of crime without grand jury; clause of exception- exception for cases arising in the land or naval forces; double jeopardy- no one shall be subject to be put at jeopardy for the same thing; self incrimination- no one shall be compelled in any criminal case to be a witness against themselves
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Amendment 6
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Trial by jury
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Amendment 7
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Civil Trials; cases may not be re-examined by another court
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Amendment 8
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Capital Punishment; excessive bail shall not be required nor unusual and cruel punishment cannot be inflicted; cruel and unusual punishment: not legislatively prescribed, torture, disproportionate and excessive
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Amendment 14
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Undo Dread Scott case, make all people living in United States US citizens, equal protection clause shrinks state power
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Amendment 15
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US citizens shall not be abridged by US or any state based on race, color, or previous servitude
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Black Codes
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slave codes, illegal to teach them, for them to sit on jury, etc.
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Compromise of 1877
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1. Democrat as post master general 2. All federal troops removed from south
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Civil Rights Act of 1964
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Banned racial segregation in all public accommodations based on interstate commerce clause
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Voting Rights Act of 1965
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24th Amendment prohibited poll taxes, made literacy and grandfather clauses unconstitutional, identified areas in south that had problems with few blacks voting
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Affirmative Action
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dealt with private sector racism; colleges, corporations, businesses must show they are taking steps to become more balanced with the nation's population
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Booker T Washington
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Believed in evolutionary approach and delivers the Atlanta Compromise saying whites and blacks have a promising future
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W.E.B. Dubois
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says it is up to the northern educated blacks to help their brothers in the south, referred to as the "talented tenth"
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penumbras
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spirit
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emendations
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inference from other words
