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AP Gov Unit 5 Quizlet
Terms in this set (165)
Who can a rights conflict be between?
Individual vs. Individual
Individual vs. Society's Needs
What happens to civil liberties during a time of threat?
Civil liberties are usually decreased so that the government can have more power to keep everybody safe.
Less civil liberties = less fear
What was the opinion about the Patriot Act?
At first people supported it as it made them feel safer. However, the ALCU criticized it and Congress tried to repeal certain sections of it. over time, public support decreased.
Why could the death penalty be unconstitutional
the method could go wrong, the death could become painful, innocent people could die, statistics suggest racial disparities
What are groups that try to defend civil liberties?
ALCU, NAACP, NOW, AARP, NRA
Taking land for public use with just compensation.
What rights did the Constitution originally grant?
Habeas Corpus, Bills of Attainder, Ex Post Facto Law
Who can't be put to death?
Minors and the mentally ill
Case where the government punishes you (ex: they give you time in jail, or order your death).
Case that consists of a dispute between individuals, and the individuals ask the government to mediate.
What controversy connects the 8th amendment?
War time punishments, punishments at Guantanamo Bay (there have been no 8th amendment court rulings)
What amendments is the right to privacy based on?
1st, 3rd, 4th, 5th, 9th amendment
What are the 2 categories in your 'right to die'?
Assisted Suicide and Suspension of Treatment
When a person is in a lot of pain (medical condition, disease, injury, etc) can request doctor help give them medicine to die. No court ruling, left up to states. Court has upheld all 5 state laws that declare it's private (thus legal).
Suspension of Treatment
Choose to take somebody off life support for example. Ruled private, person on life support can decide. Gets hazy when there isn't a will or the person's wishes aren't clear.
What court cases connect to freedom of the press?
Hazelwood v. Kuhlmeier, Near v. Minnesota, New York Times v. Sullivan
2nd Amendment Cases:
Heller v. D.C. (2008) the only one
What court case started selective incorporation
Gitlow v. New York
What constitutional principle does civil liberties link to?
What constitutional principle does civil rights link to?
Who can resolve or create conflict?
Courts, Congress, Executive Branch, People
How can courts create/resolve conflict?
Arbitrate disputes about rights and judicial review
How can Congress create/resolve conflict?
Expand and limit rights
How can the Executive branch create/resolve conflict?
Executive orders, state of the union creates an agenda, president is voice of the people
How can the people create/resolve conflict?
Pluralist Theory of Democracy (interest groups/linkage institutions)
Limits on what the government can do.
Limits on how government can act.
Barron v. Baltimore
(1833) Rules that the Bill of Rights applies to the federal government, not states.
Once an amendment is incorporated into one state, is it incorporated into all states?
Benton v. Maryland
Ruled that double jeopardy is unconstitutional.
How does freedom of speech empower citizens and limits government?
- helps inform citizens
- watchdog role to citizens, journalists
- if we censor something, we could censor minority rights
- when we allow expression of all ideas, we discover truths we previously believed false
Alien and Sedition Act of 1917
Outlawed 'any false, scandalous, writing against the government of the United States'
Espionage Act of 1917
Crime to use disloyal/abusive language about the U.S. government that is intended to scorn or disrepute.
What court case corresponds to each type of speech?
Political: Brandenburg v. Ohio
Symbolic: Texas v. Johnson
Obscene: Miller v. California
Fighting Words: Chaplinsky v. New Hampshire
Hate speech doesn't have a case
What cases was the clear and present danger test in?
Schenck v. United States
Abrams v. United States
Smith Act of 1940
Illegal to advocate the violent overthrow of government or organization.
McCarran Act of 1950
Members of the communist party must register with the U.S. attorney general.
When did the period of sedition end?
When Earl Warren became chief justice
What did Senator McCarthy do?
Investigated citizens to find communists (never found one)
What are the 5 types of Speech?
Political, Symbolic, Fighting Words, Obscene, Hate
Who does free speech protect you from?
The government (not other people, like employers)
What type of speech has the greatest protection?
What can and can't government regulated in relation to free speech?
Government can regulate the time, manner, and place in which you speak.
Government can't regulate what you say
Associated with imminent lawless action test and clear and present danger test.
What 3 court cases correspond to freedom of religion?
Lemon v. Kurtzman, Engel v. Vitale, Santa Fe v. Jane Doe
What court cases correspond with the 4th amendment?
Mapp v. Ohio (New Jersey v. TLO and Vernonia v. Acton for in schools)
What court case corresponds to the 5th amendment?
Miranda v. Arizona
Flags, banners, armbands, art, etc.
Offensive or Hate Speech
Use of fighting words. Doesn't always advocate for policy, might just be hate. Congress tried to regulate this, but it became too broad and eventually unconstitutional.
Usually sexual component. Tried to create a national law, but states had varied laws so the power went to states.
What are 4 Facts about incorporation?
- The Supreme Court began the process of incorporation of the Bill of Rights earlier than the 1980s
- Incorporation has taken place on the theories of both selective incorporation and total incorporation.
- Incorporation is a matter of interpretation rather than a constitutional principle.
- Incorporation has taken place on the basis of provisions of the Fourteenth Amendment.
Communications Decency Act
1996: illegal to knowingly send or display indecent material on internet.
Children's Internet Protection Act
2003: public libraries with federal funds must use filters to block materials that are harmful to minors, such as pornography. However, this filters will sometimes block legitimate messages or publications.
Why isn't digital piracy better protected?
House tried to pass Stop Online Piracy Act (SOPA) and the Senate tried to pass the Protect IP Act (PIPA) in 20212 to prevent digital piracy by making Internet provides monitor users, block access to sharing file sites. Google, Yahoo, Bing, Facebook, Twitter, Tumblr threatened to go dark, so it never passed.
Any law, regulation, executive act that limits political speech is almost always struck down by courts.
Are political commercials and spending money on campaigns protected?
Yes (as spending money is viewed as speech)
Chaplinsky v. New Hampshire
Fighting words aren't protected.
Pickering v. Board of Education
1968: a teacher criticized the school and got fired. He sued and got his job back as the boss of the school worked for the government.
What is the current incorporation process?
Via the due process clause, the Bill of Rights has selectively been incorporated to the states
Equal Protection Clause
Article 1, Section 1
'Nor deny to any person within its jurisdiction the equal protection of the laws'
Everybody has equal protection under the law, everybody has rights no matter their race, age, gender, criminal status, etc.
Due Process Clause
Article 1, Section 1
'Nor shall any State deprive any person of life, liberty, or property, without due process of law'
Can't take away amendment rights unless proven they deserve to be taken away.
Chambers v. Babbitt
(2001) Elliot Chambers wore sweatshirt that said 'Straight Pride' and symbol on it. Principal said he couldn't wear the shirt. Holding: unless school has reasonable belief that message will cause disruption, can't censor message. 1st amendment.
1. Is purpose religious?
2. Does activity benefit religion:
- is it avaliable to most people due to non religious criteria?
- does it benefit religion as result of individual choice or government choice?
- indirect or direct benefit?
- does government appear to be endorsing religion?
3. Does proposed activity have elment of coercion?
D.C. v. Heller (2008)
(2008) Illegal to carry an unregistered firearm and need hangun license, Heller denied one and sued. Holding: 5-4, guarantee and individual the right to possess, carry weapons in case of confrontation. 2nd amendment
What does the 4th amendment protect?
Persons, Houses, Papers, Effects
Who does the 4th amendment protect?
Right of the people; all those who live under the protection of the Constitution (visitors, undocumented immigrants, children under 18)
Has the Supreme Court made it harder or easier for government to suppress speech?
Any time government interferes with an individual's reasonable expectation of privacy.
Legal, physical trespass.
You are not free to leave when you would like; you can't take your property back when you like.
Taking tangible objects.
Formal document signed by judge that allows police to search or arrest you. Must have probable cause.
Facts and circumstances would convince a reasonable person that a crime has been or is being committed.
When is a search reasonable?
If you don't have a legitimate expectation of privacy.
Expectation of Privacy Test
1. Did you expect some degree of privacy?
2. Is your expectation to privacy objectively reasonable? Does society as a whole agree?
When can the police search without a warrant?
- With the person's consent
- When necessary to protect officer's safety
- when seized on valid grounds
- evidence is in plain view
- exigent circumstances (evidence may be destroyed, hot pursuit)
Is reasonable suspicion the same as probable cause?
Person could reasonably believe that a crime has been committed or is about to b ecommitted. Not a hunch, there is some evidence.
Reasonable Suspicion School
1. Is item that school is searching for dangerous?
2. How reliable is the info?
3. How badly was the person's privacy invaded?
Do students have the same amount of First Amendment protections?
No, they have less.
Why do students have fewer First Amendment rights?
1. The Supreme Court said minors don't have the same level of rights as adults
2. Government has greater power when it acts in certain roles such as educator, employer, jailer.
How do you analyze First Amendment Problems?
1. Is it speech?
2. Is it protected speech?
3. Does the rule regulate the time, manner, and place of the speech?
4. If it is content regulation who is the speaker?
What are the 4 school freedom of speech standards?
1. Tinker Standard (disruption test)
2. Fraser Standard
3. Hazelwood Standard
4. Morse Standard
Disruption Test/Tinker Standard
In order to prhoibit student's speech, the school must show likelihood of material and substantial disruption to educational enviroment or interference with the rights of others.
When can a school regulate speech in a school sponsored activity?
If reasonably related to legitimate pedagogical concern such as:
- age/maturity of students
- use of vulgarity/profanity
- conformity to shared values
- lack of religious neutrality
- bias or prejudice
- state law
- school board policies
Over time, has the Supreme Court established themselves as separationists or accomodationists?
both at different times
What did 9/11 demonstrate?
It's hard to balance liberty and security
Can your boss fire you for your words even if they're constitutional?
Yes if your boss isn't the government
Any law, regulation, executive act that limits political speech is almost always struck down by courts.
What types of speech aren't protected?
Hate speech, obscene speech, fighting words
Are political commercials protected speech?
Yes, spending money on campaigns is speech and thus protected.
What can be regulated regarding speech and what can't be regulated?
Can't be regulated: speech itself
Can be regulated: manner, time, place
What 4 tests/standards determine what you can say in school?
tinker Standard, Fraser Standard, Hazelwood Standard, Morse Standard
What type of speech does the Tinker standard correspond to?
What type of speech does the fraser standard correspond to?
What type of speech does the hazelwood standard correspond to?
School sponsored activities
What type of speech does the morse standard correspond to?
Town of Greece vs. Galloway
In a town, clergy members say prayer before town meeting. Someone complains as the prayers are all Christian.
Holding: 5-4, said it was okay to pray before meeting could help get into right frame of mind, ok if mostly Christian. People can be offended but not coercive.
Who owns the most guns
Southern, rural, Republicans
1993 Brady Bill
Background check on potential hand-gun purchases.
1994 Crime Bill
Ban on semiautomatic weapons (expired in September 2004)
1995 Law did what about guns?
Required 5 day waiting period for all gun sales; local background checks until there can be a national background check (but was struck down as the national government was infringing on state's rights)
NRA's Argument for guns
1) hunting/leisure, is tradition
3) should have rights to bear arms to protect from gov
4) not government buisness
Who opposes the NRA and what is their argument?
Handgun Control Inc and Coalition to Stop Gun Violence.
Argue right to own guns isn't a guns issue but a wants/preference issue
Why did Jefferson and Madison support religious freedom?
1) linking church and state has bad effects on their people (often become subjects)
2) divides societies into factions
Who did accomondationists represent? Who do separationists represent?
Accomondationists represent majority
Separationists represent minority
What is happening to religion over time?
More people are atheist or no religion
Employment Division Department of Human Resources v. Smith
(1990) If infringement on religion isn't intentional (for example, invented to keep people safe) isn't unconstitutional.
Religious Freedom Restoration Act
(1993) Coalition of 90 religious groups that restored compelling state interest test for state actions limiting religious practice.
Who ruled RRFA unconstitutional?
1997 Case: City of Boerne v. Flores
When was RRFA amended?
2003, only applies to federal government
Husanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Comission
(2012) Ruled that hiring practices of religious groups couldn't be regulated by federal government.
Burwell v. Hobby Lobby
(2012) Ruled corporations didn't have to provide birth control if violated owner's religious beliefs
What case developed the Exclusionary Rule?
Weeks v. United States
What do schools need for searches and seizures?
When were rights of the accused expanded? When were they shrinking?
Expanding: 1960s, 70s
Shrinking: 1980s, 90s (claimed courts were too soft)
Florence v. Board of Chosen Freeholders of County of Burlington
Plaintiff can be stripped searched even if didn't commit crime charged with and wasn't a crime but a misdemeanor of sorts (this is to keep the jail safe).
Good Faith Exception
Can use illegal evidence if warrant appears valid and constitutional under law.
What do you need to sue for libel?
Proof of actual malice
What does abridge mean in the First Amendment?
To curtail, to lessen in scope and authority.
What are reasons to preserve the freedom of the press?
- our democracy relies on citizens havin enough info to make decisions and hold government accountable
- suppression of free press is how dictators start
- press protects from overreaching government
- essential for political system to work
What is an exception for prior restraint?
Written defamation of person's character or reputation.
Broadcasted defamation that exposes a person to public hatred.
Published pictures that defame a person's character.
Publishing in print lies about a person.
What happens if the defendant isn't read their Miranda rights?
The info from the interrogation can't be used in court.
What was passed to combat the Miranda Rights being too easy on criminals?
Crime Control and Safe Streets Act of 1968 (confessions can be used in federal courts not according to Miranda Rules, still valid in states) but ruled unconstitutional in 2000
Johnson v. Zerbst
(1938) Government obliged to provide counsel in all criminal proceedings in federal court.
Can government restrict press after publication?
Yes in some cases
What happens if something untrue is published about you?
Can sue publisher for libel and be awared monetary damages
Censor speech because people are afraid to be punished. Example: press censor themselves as they are afraid of libel lawsuits
Knowing information is false and publishing it, acting with reckless disregard
Some issues government can exercise prior restraint as it's a security issue. Example: press can't detail troop movement during the war, as enemies could read it and the troops could die
how and when a search or seizure can be conducted.
Paper issued by the judge authorizing law officers to search for something (need probable cause to obtain). Must be specific, state what they are searching for and where they expect to find it.
If you are pulled over, can the police search your car?
Unlawfully obtained evidence is also known as what?
Fruit of the poison tree
What 2 tests are considered (reasonable) searches?
Random drug tests, random breathalyzers when driving
Who doesn't have the same protection from the 4th amendment?
Students as keeping a safe environment > privacy
Who does the 4th amendment protect you from?
Unreasonable searches and seizures from GOVERNMENT OFFICIALS
What court cases correspond to the 9th amendment?
Griswold v. Connecticut and Roe v. Wade
Procedural Due Process
Government must follow and apply their own rules fairly. (Application of Rules)
Substantive Due Process
Rules and laws must be fair. (Actual rules)
What amendments do the Miranda Rights consist of?
5th, 6th amendment
Powell v. Alabama
1932: 9 blacks accused of rape. Attorney didn't consult with them or do more than stand there. Holding: 7-2, these trials violated the Due Process clause. Not given reasonable time/opportunity to secure counsel in defense. Incorporated 6th amendment, right to have a lawyer in all capital punishment cases
Why do people still go unrepresented?
Anyone with income of over $3,000 yearly are deemed able to pay for a lawyer.
Why is there debate over cruel and unusual punishment?
Cruel and unusual is not specifically defined.
Unusual punishments aren't unconstitutional as new punishments seem unusual at first.
McCleskey v. Kemp
1987: delivered stats to the court to show that blacks were getting harsher punishments than whites but the court ruled (5-4) that this didn't prove a racial bias.
Baze v. Rees
2008: upheld Kentucky's lethal injection practice
How has support for capital punishment changed?
The most support for capital punishment was in 1990 and has been declining since as there is a fear of taking innocent lives (Texas issues the highest amount of capital punishment).
Is the right to privacy mentioned in the Bill of Rights?
Even though Roe v. Wade has been passed, what has been done to prevent abortions?
No amendment about abortions has been passed, so laws have been passed restricting ways to get abortions.
Lawrence v. Texas
2003: overturned Bowers v. Hardwick on privacy grounds
Nancy Cruzan Case
1990: Nancy was on life support since 1983 and her parents wanted to take her off but Missouri blocked their requests. Supreme Court sided with Missouri as Nancy's wishes were unclear.
Can a person end their medical treatment?
Yes. If a person has made their wishes clear either via in person or via will, they can under the 14th amendment.
Terri Schiavo Case
2005: Terri was on life support for over 15 years. Her husband claimed she wanted to die, but her parents and conservative members of Congress tried to block this, but ultimately failed.
What did the Supreme Court allow regarding the right to die in 1997?
States can decide if people can have assistance ending their life when in severe pain or are terminally ill.
What court cases correspond to the 8th amendment?
Furman v. Georgia and Gregg v. Georgia
Gregg v. Georgia
1976: Gregg robbed and murdered another person. Sentenced to death but claimed his sentence was cruel and unusual. Holding: 7-2, punishment doesn't violate amendments given the circumstances. Ruled death penalty constitutional.
Henry Montgomery v. Louisiana
2016: Montgomery found guilty of murder in 1963 at the age of 17 and sentenced to life without parole. SC decided in Miller v. Alabama 2012 that convicting a child of homicide to life without parole violated the 8th amendment. Montgomery filed a motion to correct his sentence but it was denied. Holding: 6-3, SC can review Montgomery case and rule does apply now to Montgomery.
Ingraham v. Wright
1977: 8th amendment. Boys were late to class and were paddled. Complained. Holding: 5-4, punishment doesn't violate 8th amendment or due process. Limited to criminal punishment. Boys attended school which had stricter policies.
Kelo v. New London
2005: New London used eminent domain to seize private propery, sell to private developers claiming it would create jobs and increase tax revenues (public use). Kelo and others argued violated 5th amendment as selling to private developers wouldn't be public use. Holding: 5-2, constitutional. Potential economic growth is public use. (Ironically, land was never developed)
What 2 clauses regard freedom of religion?
Free Exercise Clause and Establishment Clause
Who said the famous quote about separation between the church and the state?
What are the current conflicting interpretations of the second amendment?
1. all Americans can own guns, any time
2. during a time of national instability (tryanical government) you can own guns.
Lately the Supreme Court has been letting people buy guns easily, but the people have been calling for gun control.
How does the 7th amendment differ from the 5th and 6th amendment?
the 7th amendment deals with civil cases while the 5th and 6th amendment deals with criminal cases
What court cases correspond to the 6th amendment
Gideon v. Wainwright and Powell v. Alabama
What is the importance of the 9th amendment?
Allows court to create/discover right to privacy (other amendments help)
Why do the 2nd and 3rd amendment have light coverage?
2nd ~ wanted states to interpret the amendment for themselves but recently ruled in D.C. v. Heller
3rd Amendment: irrelevant, never really brought it up
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