AP Gov Unit 4: Bill of Rights
Terms in this set (19)
23) Know the purpose of the establishment clause
Founding fathers didn't want US to be like English (state sanctioned Anglican church) and didn't want to have conflict in the country over what the official religion should be
24) Identify, in a scenario, what would be acceptable and not with respect to the
Teacher led school prayer or group prayer during the school day are violation; private prayer by an individual student and after school religious clubs are ok.
Bible verses can't be read to students.
You CAN teach evolution but you cannot teach theory of intelligent design (religious) in a science classroom, but it's okay in a religious studies class.
The same rules apply at school events- sports, graduation, dances
- Govt lead prayers at the beginning of legislative sessions are typically ok as long as speakers/content not discriminated against
- certain religious monuments ok if for historical purpose
25) Know the provisions of the Lemon Test
Its purpose is to determine whether a law is establishing a religion
1. Law must be for secular purposes
2. Law cannot advance or inhibit religion
3. Law must avoid an excessive entanglement with religion
26) Describe the significance of Everson v. Board
A state reimbursed parents whose kids used public transport and 96% of that benefit went to non-secular (religious) schools. SC said this is NOT a violation of the Estab Cl bc it didn't discriminate between schools. It cited Jefferson's idea of there should be a "wall of separation" between church and state.
It incorporated the Estab Cl
28) Know outcome of Employment Division v. Smith and its significance
A man who worked at a drug rehab clinic tested drug positive bc he used drugs for the purpose of a NA religion. He was fired.
SC ruled in favor of employer bc the state wants to discourage drug use and that is a policy of the country as well
27) What is currently protected as free speech?
Non protected: obscenity- hard core (someone getting hurt) and child porn illegal
What is considered obscenity?
1. If average person applying modern standards thinks it is sexually inappropriate
2. Work depicts offensively sexual funcions
3. Work as a whole lacks artistic, literary, political, scientific value
29) Know case that set the precedent for symbolic speech as well as the other
two symbolic speech cases we covered
Tinker v Des Moines set precedent
Citizens United v FEC- symbolic speech in campaign finance
Texas v Johnson- symbolic speech in burning flag
30) When is judicial strict scrutiny applied (in what two instances)? What does
this test involve?
It is the highest level of judicial review for any decision involving
1. A suspect class (that has experienced discrimination like AAs, Hispanics, NAs)
2. A fundamental right (found in BoR)
- Is the law the least restrictive means for accomplishing a goal?
- Is there a compelling state interest?
31) Explain press shield laws and their purpose
32) Know what prior review/restraint is and when it is legal (or not) for the
government to exercise that right
A gov't entity hast he ability to review and possibly edit a publication before printing; ex. a school can decide what to edit out of school paper
33) Know the purpose and description of Sunshine laws?
Where can you associate?
1. Public forum- streets, sidewalks- usually don't need permit for sidewalks if your protest doesn't disrupt flow of traffic but you do otherwise, for controversial protests
2. Limited public forum- paid for by tax dollars; meetings are okay there
3. Non public forum- small quiet meeting
Difference between public and private orgs
Private- selective membership and have special facilities for members only
Right to association
Derived right from SC thru free assembly
34) Explain the purpose of the 2 nd amendment
Adopted to protect states from fed interference with their power to ensure that their militias were well regulated
35) In which court case did the Court decide an individual has the right to keep
and bear arms protected under the 2 nd amendment? Which court case
incorporated this right to the states?
36) Describe the exclusionary rule. What court case set this precedent?
37) Explain the inevitable discovery exception to the exclusionary rule.
38) Be able to identify (in a series of scenarios) what would constitute a
39) Define/Describe habeas corpus
40) Know all 5 protections of the 5 th amendment.
41) Describe the significance of Miranda v. Arizona
42) Know what procedural due process is and what protections would be found
under that umbrella.
43) Be able to define/describe eminent domain and how it is currently applied.
44) Know when you are and aren't compensated under eminent domain laws
45) Describe the significance of Kelo v. New London
46) Explain what's legal as it pertains double jeopardy
47) Know all 6 protections of the 6 th amendment
48) Describe the significance of Gideon v. Wainwright
49) Define peremptory challenge and its purpose
50) Identify and describe significance of jury selection
51) Be able to describe protections contained in the 8 th amendment
52) What groups of people are not allowed (legally) to be given the death
53) What was wrong with the death penalty between prior to 1972? How did
Gregg v. Georgia define death penalty law?
54) What methods of execution are acceptable in the U.S.?
55) What is the purpose of the 9th amendment?
56) What court case incorporated "zones of privacy" to the states?
Griswold v CT- The Bill of Rights created "zones of privacy" into which the government could not intrude
57) What kinds of private actions can the court not interfere with?
58) Know the significance of Roe v. Wade. What arguments did Ms. Weddington
and Mr. Flowers make to support their perspective?
59) What is the most compelling precedent case for Roe v. Wade? For
Obergefell v. Hodges?
Roe v Wade= Griswold v CT- family planning
Obergefell= Loving v VA
60) What is an ex post facto law? How can sex offender registration laws be ex
Require sex offenders who were convicted before the passage of registration laws to register as sex offenders
61) Can you force someone to take medications for a psychological issue? Under what circumstances?
Yes, if they are a threat to themselves/others
What is the purpose of the Equal Employment Opportunity Commission (EEOC)?
It is a bureaucratic institution to enforce the Civil Rights Act's part about equality in employment and serve as an avenue to sue under the Act
Know the relevant content of the Voting Rights Act of 1965 and what parts are
no longer in effect.
1. Prohibited voter qualifications that denied suffrage to anyone based on race
2. States with history of AA voter discrimination must justify their changes in voting procedures to the DoJ (overturned in 2013 bc SC thought that it had been a sufficient amount of time since its passage)
What court case supports using affirmative action as a "plus factor?"
University of CA Regents v Bakke?