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AP U.S. Government & Politics > Chapter 4/ 1st Amendment > Flashcards

Chapter 4/ 1st Amendment Flashcards

1
Q

Free Excercise Clause

A

Citizens are free to practice their faith and religion.
(What happens when religious practice conflicts with law?)

Wisconsin v. Yoder

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2
Q

Establishment Clause

A

Government cannot establish a state religion.

Engel v. Vitale

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3
Q

Lemon Test

A

It is a test to determine if the Establishment Clause is being violated.
When money is being given to a religious group or institution it must:
- Be for a secular or non-religious purpose
- Not intended to advantage the religious group
- Avoid an exercise entanglement of government and religion.

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4
Q

Clear and Present Danger test

A

If your speech creates a clear and present danger the government can put a stop to it

[Schenck v. U.S (1919)]

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5
Q

Direct Incitement test

eg. Donald Trump January 6 speech

A

The first amendment protects advocacy of illegal action unless imminent lawless action is intended to likely to occur.
[Brandenburg v. Ohio (1969)]

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6
Q

4th Amendment

A

Protect citizens from illegal search and seizure.

[Mapp v. Ohio]

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7
Q

Exclusionary Rule

A

If evidence is obtained illegally it cannot be used against you in court.

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8
Q

Gideon v. Wainwright
[6th Amendment]

A

right to an attorney incorporated

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9
Q

Miranda v. Arizona

A

rights now have to be read to you when arrested

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10
Q

McDonald v. Chicago

A

State Government cannot take guns rights. Incorporated second amendment

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11
Q

Mapp v. Ohio

A

evidence illegally obtained cannot be used against you in court

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12
Q

Griswold v. Connecticut (1965)

A

Birth Control is decriminalized
Privacy in a relationship

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13
Q

Roe v. Wade (1973)

A

Abortion in the 1st 12 weeks cannot be prohibited
Privacy in sexual matters

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14
Q

Lawrence v. Texas (2003)

A

Decriminalized homosexual sex
Privacy in sexuality

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15
Q

Obergefell v. Hodges (2015)

A

Same-sex marriage is considered a fundamental right.

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16
Q

1st

A

Expression

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17
Q

4th

A

Privacy

18
Q

9th

A

Unenumerated

19
Q

14th

A

Due Process
Applies certain rights from the Bill of rights to the states (Incorporation)

20
Q

Dobbs v. Jackson Women’s Health Organization (2022)

A

Overturned Roe v. Wade (leaves abortion up to states)

21
Q

Furman v. Georgia

A

put an end to capital punishment

22
Q

Due Process

A

guarantees a variety of rights to people.

23
Q

Incorporation Doctrine

A

14th amendent. Used to apply bill of rights to states

24
Q

Gitlow v. New York

A

The court case that extended the Bill of Rights to the states. (freedom of speech and the press)

25
Q

The 5th Amendment

A
  • Due Process
  • self-incrimination
  • Double jeopardy
26
Q

Alien and Sedition Acts pg. 70

A

Allowed imprisonment and deportation of aliens

27
Q

Espionage Act

A

Prohibited urging resistance to the draft

28
Q

Schenck v. U.S

[draft]

A

Schenck violated the espionage act but he said it violated the 1st amendment rights. (Create Clear and present danger)

29
Q

Brandenburg v. Ohio

[KKK]

A

KKK Man arrested for the rally. This created the direct incitement

30
Q

Fighting words

A

Words by their very utterance inflict injury or tend to incite an immediate breach of peace.

31
Q

Miller test

A

Determines if sexually explicit expression is obscene

32
Q

PROTECT act

A

outlawed the sale or transmission of child pornography

33
Q

writs of haebus corpus

A

court orders in which a judge requires authorities to prove that they are holding a prisoner lawfully and allows the prisoner to be freed if it does not persuade the judge. (HAVE THE RIGHT TO KNOW WHICH CHARGES ARE BEING MADE AGAINST THEM)

34
Q

Due process rights (4th,5th,6th,8th)

A

Protections drawn from the fourth amendment and the bill of rights.

35
Q

double jeopardy clause (5th)

A

prevents a person from being tried for the same crime twice

36
Q

good faith exceptions

A

if there was no police misconduct then the evidence is valid

37
Q

Inevitable discovery

A

If the evidence would have been found if there was further investigation the evidence can be used in court.

38
Q

Capital Cases

A

Cases that may result in the death penalty

39
Q

Penumbras

A

Unstated liberties on the fringes or in the shadow of more explicitly stated rights

40
Q

Undue Burden

A

narrowed roe and allowed for greater regulation on abortion

41
Q

USA PATRIOT act

A

Violates the first amendment by saying that someone who has been subject to search orders cannot tell anyone about those orders.

42
Q

Geneva Conventions

A

Treaties regulating the treatment of civilians and prisoners of war

AP U.S. Government & Politics (16 decks)

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