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AP Gov > Unit 2 - Court System and Landmark Cases > Flashcards

Unit 2 - Court System and Landmark Cases Flashcards

1
Q

Wisconsin v. Yoder (1972)

A

free exercise of religion; don’t have to go to school until you’re 16 for religious reasons

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2
Q

Engel v. Vitale (1962)

A

freedom of religion; public school can’t require students to say a prayer –> violates Establishment Clause

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3
Q

Establishment Clause

A

prohibits the government from “establishing” a religion

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4
Q

Lemon v. Kurtzman (1971)

A

schools must pass the lemon test to get government funding; states don’t have to fund private education

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5
Q

Lemon Test

A

needs secular purpose; does not advance or inhibit religion; no excessive entanglement with religion

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6
Q

Schenck v. US (1919)

A

Schenck told people to go against draft and not go if drafted; SC ruled against Schenck –> said that his speech presented “clear and present danger”

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7
Q

Brandenburg v. Ohio (1969)

A

KKK member talking to other KKK members when Ohio arrested him; SC ruled with KKK member –> Ohio law violated 1st amendment (freedom of speech); although Brandenburg was not saying good things, that doesn’t mean it can be restricted

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8
Q

Tinker v. Des Moines (1969)

A

students wore armbands in protest of Vietnam war and school suspended them; SC said schools don’t have right to limit speech as long as it isn’t causing disruption or distraction in school

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9
Q

Texas v. Johnson (1989)

A

Johnson burned flag and was arrested; SC ruled his actions don’t violate Constitution (freedom of speech)

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10
Q

Symbolic Speech

A

nonverbal communication, such as burning a flag or wearing an armband

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11
Q

New York Times v. US (1971)

A

NYT published horrible article on government in paper regarding Vietnam; SC says NYT can keep publishing (freedom of press) –> government can’t use prior restraint

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12
Q

Prior Restraint

A

censorship imposed on expression that prohibits instances of expression

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13
Q

Miller v. US (1939)

A

people transporting unregistered weapons and were arrested; SC says 2nd amendment is not violated because unregistered weapons aren’t protected under constitution

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14
Q

McDonald v. Chicago (2010)

A

Chicago requires permits to own guns but doesn’t give any permits; SC says it violates 2nd amendment

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15
Q

Mapp v. Ohio (1961)

A

police looking for bombing suspect so they enter Mapp’s house without a warrant –> find illegal porn and arrest Mapp; SC says it violates 4th amendment

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16
Q

4th Amendment

A

protects against unreasonable searches and seizures; requires probable cause or a warrant; basis of law regarding stop-and-frisks, safety inspections, etc.

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17
Q

Exclusionary Rule

A

part of 4th amendment; if it’s obtained illegally (like without a warrant), it cannot be used in court

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18
Q

Griswold v. Connecticut (1965)

A

opened clinic that helped married people avoid getting pregnant (provided contraceptions); SC sided with Griswold and said clinic should remain open

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19
Q

9th amendment

A

right to privacy (marriage, etc.); has other rights not listed

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20
Q

14th amendment

A

due process clause and equal protection clause

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21
Q

Roe v. Wade (1973)

A

Roe argued that Texas can’t ban abortions; SC sided with Roe and that abortion is protected under the right to privacy

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22
Q

Due Process Law

A

part of 14th amendment; prohibits government from taking any action that would deprive someone of “life, liberty, or property without due process of law”

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23
Q

Jackson v. Dobbs (2022)

A

SC held that Constitution does not say anything on or allow abortion –> left to states to regulate

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24
Q

federalism

A

how power is divided between local, state, and federal governments

25
Q

Gideon v. Wainwright (1963)

A

guy in Florida charged with breaking and entering and is arrested –> can’t afford a lawyer and Florida doesn’t give him one; SC says that states must provide a lawyer for people on trial

26
Q

Miranda v. Arizona (1966)

A

Miranda is an immigrant who is arrested –> says he doesn’t understand his rights so he was convicted for no reason; SC agrees about his rights so he is retried but still found guilty (lol)

27
Q

Plessy v. Ferguson (1896)

A

Plessy doesn’t sit in colored car on train and is arrested; SC rules that separate but equal is okay

28
Q

Brown v. Board of Education (1954)

A

Brown wanted to enroll daughter in all white school but was denied; SC ruled that segregation is unconstitutional because it violates Equal Protection Clause

29
Q

Equal Protection Clause

A

part of 14th amendment; government may not deny people equal protection of its governing laws

30
Q

US v. Windsor (2013)

A

NY didn’t recognize same-sex marriage so Windsor and her wife couldn’t file together for taxes and couldn’t get inheritance tax free; SC says that DOMA goes against full faith and credit but didn’t legalize same-sex marriage

31
Q

DOMA

A

defines marriage between people of opposite sex; ruled unconstitutional

32
Q

full faith and credit

A

each state has to respect the “public acts, records, and judicial proceedings of every other state”

33
Q

Obergefell v. Hodges (2015)

A

group of people argue that not legalizing gay marriage violates Due Process and Equal Protection clauses; SC agrees and says states can’t ban gay marriage

34
Q

US v. Lopez (1995)

A

Lopez brings a gun to school and is charged with violating a gun free zone –> government has power to regulate interstate commerce which is why law is allowed –> court disagrees

35
Q

Baker v. Carr (1961)

A

TN urban population grew faster which means they had less power in voting compared to rural population based on district boundaries; Baker argues if you were white you had more power in voting (white people lived in rural areas); SC decides it was unequal under 14th amendment and makes many states redraw boundaries

36
Q

Shaw v. Reno (1993)

A

trying to gerrymander to make majority minority district based on race –> argues it’s unequal; SC decides it’s unconstitutional to make district based on race

37
Q

Citizens United v. RED (2010)

A

CU made movie that made Hillary Clinton look like shit; RED said movie violated law because they needed approval from Clinton; SC says CU is allowed to voice opinions even though they are a big company (freedom of speech)

38
Q

Barron v. Baltimore (1833)

A

Barron sued for someone doing construction around property and causing damage –> violates 5th amendment; SC says Baltimore can’t take property

39
Q

5th amendment

A

protects against double-jeopardy, self-incrimination, or testifying against yourself; eminent domain

40
Q

Gitlow v. New York (1925)

A

Gitlow revolted using political strikes and protests and argued that New York doesn’t protect first amendment right –> selective incorporation of first amendment to states

40
Q

Gitlow v. New York (1925)

A

Gitlow revolted using political strikes and protests and argued that New York doesn’t protect first amendment right –> selective incorporation of first amendment to states

41
Q

commercial speech

A

communication in the form of advertising, which can be restricted more than many other types of speech

42
Q

civil law

A

two private parties disputing about money or property; no crime is actually committed

43
Q

criminal law

A

someone actually committed a crime

44
Q

appellate court

A

constitutional or unconstitutional (not talking about guilty or not guilty)

45
Q

standing to sue

A

the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from another party or from an action of government

46
Q

original jurisdiction

A

the jurisdiction of courts that hear a case first, usually in a trial; these are courts that determine the facts about a case

47
Q

district courts

A

the 91 federal courts of original jurisdiction; they are the only federal courts in which trials are held and in which juries may be impaneled

48
Q

solicitor general

A

a presidential appointee and the third-ranking office in the Department of Justice; the solicitor general is in charge of the appellate court litigation of the federal government

49
Q

judicial implementation

A

how and whether court decisions are translated into actual policy, thereby affecting the behavior of others; the courts rely on other units of government to enforce their decisions

50
Q

Marbury v. Madison (1803)

A

Chief Justice John Marshall and his associates first asserted the right of the SC to determine the meaning of the US constitution; established the court’s power of judicial review over acts of congress

51
Q

judicial review

A

power of the courts to determine whether acts of congress and by implication the executive are in accord with the US Constitution

52
Q

judicial restraint

A

an approach to decision making in which judges play minimal policymaking roles and defer to legislatures whenever possible –> courts are only there to determine constitutionality

53
Q

judicial activism

A

an approach to decision making in which judges sometimes make bold policy decisions, even charting new constitutional ground –> more liberal (if there’s a problem, court should fix it)

54
Q

statutory construction

A

the judicial interpretation of an act of Congress; in some cases where statutory construction is an issue, Congress passes new legislation to clarify existing laws

55
Q

dissenting opinion

A

minority side of the SC decision

56
Q

concerning opinion

A

in the majority of the SC decision but for different political reasons

57
Q

rule of 4

A

4 justices must agree to hear the case before the case is taken (not the majority)

AP Gov (1 decks)

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