Ap Gov Unit 3

Front 1

Plessy v. Ferguson

Back 1

Advanced "Separate But Equal"

Hint 1

opposite of Brown v. Board

Front 2

Brown v. board

Back 2

(desegregation) made it unconstitutional for there to be separate public schools for black and white kids

Front 3

Roe v. Wade

Back 3

Struck down anti-abortion laws in the 1st trimester because it violated a woman's constitutional right to privacy between her and her doctor

Hint 3

Roe Roe Roe your baby...

Front 4

Gideon v. Wainwright

Back 4

Court will appoint a defense attorney (lawyer) for free if you can't afford one

Hint 4

Gideon=GiveYouOne

Front 5

Miranda v. Arizona

Back 5

(plead the 5th) police must inform suspects of their right not to answer any question (self-incrimination)

Front 6

Mapp v. Ohio

Back 6

Exclusionary Rule---evidence obtained by a police search in violation of the 4th amendment

Front 7

Roth v. United States

Back 7

Sexual Obscenity is not constitutionally protected speech

Front 8

New York Times v. Sullivan

Back 8

Libel and slander are NOT protected if statements are knowingly false or purposely malicious

Front 9

Scheneck v. U.S.

Back 9

Clear And Present Danger (not protected speech)

Front 10

Nix v. Williams

Back 10

Inevitable Discovery

Front 11

Incorporation Theory

Back 11

The idea that the entire bill of rights should apply to the States

Hint 11

Selective Incorporation is the reality

Front 12

Selective Incorporation

Back 12

The reality that the Supreme Court has yet to incorporate all of the bill of rights protections for the states

Front 13

Gibbons v. Ogden

Back 13

power to regulate INTERSTATE COMMERCE granted to Congress encompassed the power to regulate navigation

Front 14

Marbury v. Madison

Back 14

Judicial Review

Hint 14

What to do?.....

Front 15

McColloch v. Maryland

Back 15

National Supremacy

Front 16

Process of Court Rulings

Back 16

Briefs
Oral Arguments
The Conference
Writing Opinions

Front 17

Amicus Curiae

Back 17

..parties NOT INVOLVED WITH THE CASE can also file a brief in support of one of the partiers to the case..

Front 18

Senatorial Courtesy

Back 18

An unwritten tradition that the Senate will not confirm nominations for lower court positions that are opposed by a senator of the president's own party from the state with the nominee will serve

Hint 18

This causes the Senate to have more power than the president when appointing lower court judges

Front 19

Writ of Certiorari

Back 19

The Supreme Court orders a lower court to send up their records for review of the case

Front 20

Plea-Bargaining

Back 20

Pleading guilty for a lesser crime; serve less time

Front 21

9th Amendment

Back 21

Implied Right: Rights not listed are not NECESSARILY DENIED to the American people simply because they aren't listed in the bill of rights

Front 22

10th Amendment

Back 22

Reserved Powers: " power not delegated to the United States or denied to the States shall therefore be reserved for the states..."

Front 23

14th Amendment

Back 23

Bill of rights also applies to STATE GOVTS.
-states can't infringe upon civil liberties
-states can't deny due process of law
-laws must protect everyone equally

Front 24

Gitlow v. New York

Back 24

SELECTIVE INCORPORATION

The Supreme Court ruled that First Amendment protections of free speech must also apply to the States

Hint 24

connected to 14th amendment

Front 25

Writs of Habeas Corpus

Back 25

Call for a prisoner to be brought before a judge to explain why they cannot be released

Hint 25

"Sorry bro, you ain't goin nowhere.."

Front 26

No Ex Post Facto Laws

Back 26

You can't be charged with a crime if a law has passed making your actions illegal after the fact

Front 27

Affirmative Action

Back 27

action or policy favoring those who tend to suffer from discrimination especially in relation to employment or education; positive discrimination

Front 28

Engel v. Vitale

Back 28

It's unconstitutional for public schools to start the day with a non-denomination prayer because it in fringes upon the Establishment Clause

Front 29

Statutes

Back 29

laws that are actually passed by the US Congress, etc.

Hint 29

opposite of Case/Common Law

Front 30

Case/Common Law

Back 30

The accumulation of court cases that contribute to what acts are lawful and unlawful in America [SETS THE PRECEDENT]

Front 31

Solicitor General

Back 31

represents the U.S. whenever the U.S. govt. is a party to a case before the Supreme Court

Front 32

Right to Speedy and Public Trial

Back 32

TRIAL BY JURY--NOT A JUDGE

Front 33

No Bills of Attainer

Back 33

You can't have a legislative act that punishes people without first having a trial in court

Front 34

Prior Restraint

Back 34

CENSORSHIP
judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In U.S. law, the first amendment severely limits govts. ability to do this (UNCONSTITUTIONAL)

Front 35

Lemon v. Kurtzman

Back 35

aid to religiously affiliated schools
-must be used for a SECULAR PURPOSE
-CANNOT ADVANCE RELIGION
-must avoid "excessive govt. entanglement with religion"

Front 36

California v. Miller

Back 36

Defines sexual obscenity:
-average person finds it distasteful

Front 37

Adversarial System

Back 37

Two advocates represent their parties positions before a judge or jury, as they attempt to determine the truth of a case

Front 38

Appellate Jurisdiction

Back 38

power of a court to review decisions and change outcomes of decisions of lower courts

Front 39

Civil Law

Back 39

concerned with private relations between members of a family rather than criminal, military, or religious cases

Front 40

Concurring Opinion

Back 40

a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court...

Front 41

Defendant

Back 41

The litigant who is ACCUSED in a court of law

Front 42

Due Process

Back 42

Fair treatment through the normal judicial system, especially as a citizen's entitlement

Front 43

Judicial Activism

Back 43

Judicial branch ENFORCING their policies,

-judicial rulings based on personal or political considerations rather than on existing law
(they take it upon themselves)

Front 44

Indictment

Back 44

a formal accusation of wrong-doing

Front 45

Federal District Courts

Back 45

trial courts of the federal court sysyem.

-have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters

Front 46

Judicial Restraint

Back 46

theory of judicial interpretation that incourages judges to LIMIT THE EXERCISE OF THEIR OWN POWER

Front 47

Litigant

Back 47

a person involved in a lawsuit
(plaintiff and defendant)

Front 48

Loose Interpretation

Back 48

(The Framer's INTENT)

"The constitution permits everything that it doesn't forbid"
--Alexander Hamilton

-Following the 'essence' of the Constitution, rather than what's explicitly written

Front 49

Plaintiff

Back 49

a person who brings a case against another in a court of law

Front 50

Dignified and efficient aspects of presidency

Back 50

Dignified- "shaking hands and kissing babies"

efficient- actually working

Front 51

Amnesty

Back 51

an official pardon for people who have been convicted of crimes

Front 52

Gulf of Tonkin Resolution
(sorry..Unit 2)

Back 52

authorized President Johnson to take ANY MEASURES HE BELIEVED WE'RE NECESSARY to retaliate to "promote the maintenance of international peace and security" in Southeast Asia

Front 53

Back 53

Front 54

Rule of Four

Back 54

How a supreme court decides their cases (besides Writ of Certiorari) where a 4/9 vote for a case wins
[NOT MAJORITY VOTE]

Front 55

Stare Decisis

Back 55

The legal principle of determining points of litigation ACCORDING TO THE PRECEDENT

Front 56

Strict Interpretation

Back 56

legal philosophy of judicial interpretation that limits or restricts judicial interpretation

Front 57

The Patriot Act:
why was it unconstitutional?

Back 57

imposed on our 4th amendment to privacy.

People were SUPER PARANOID after 9/11 and wanted to prevent terrorist attacks
(allowed people to search your house without a warrant, tap into phone calls and private documents, etc)

Front 58

7th Amendment

Back 58

CIVIL LAW
(seriously. that's the answer. I got it wrong last time)

Front 59

6th Amendment

Back 59

rights of the accused

-speedy and public trial
-trial by jury
-informed of charges
etc...

Front 60

8th Amendment

Back 60

No cruel or unusual punishment

Front 61

Burning the American flag as a form or protest is...

Back 61

CONSTITUTIONAL -- Symbolic speech

Front 62

Establishment Clause

Back 62

The US Govt. can't ESTABLISH an official religion

Front 63

prior restraint

Back 63

censorship before material is broadcasted or published

Front 64

Commercial Speech

Back 64

communication in the form of ADVERTISING can be restricted more than many other types of speech

"Say what you want...unless it's advertisment"

Front 65

What can presidents do WITHOUT consent from congress?

Back 65

Executive orders

Front 66

If a president is meeting with the Joint Chief of Staffs, what role is he in?

Back 66

Commander in chief

(joint chief of staff are in charge of military)

Front 67

If a president is discussing foreign policy with the Prime Minister, what role is he in?

Back 67

Chief Diplomat= FOREIGN anything

Front 68

Passing the Affordable Care Act demonstrates the president as...

Back 68

Chief Legislator