AP GOVERNMENT
REVIEW- CH. 5 & 6 OF
BARRON’S BOOK &
CARDS 38-111 ON
BARRON’S FLASHCARDS
38. NO CHILD LEFT BEHIND ACT
 Created increased accountability for school districts by
establishing national testing in English and math in grades 3 8. States would pay for the training and testing of students,
an unfunded mandate
 New tests in high school science
 Increased training for teachers
 Schools that do not measure up to federal standards would
lose federal aid in the Head Start preschool program; Charter
schools could also be created
 Parents of students attending failing schools would have a
choice about where to send their students
 Some states challenged the law claiming it was unfair burden
on them to provide the monetary resources
39. RACE TO THE TOP
 Implemented by the Department of Education, it was funded by
the American Recovery and Investment Act of 2009 in the
amount of over $4billion dollars
 IT gave grans to states that met the following requirements:
 Adopting standards and assessments that prepare students to
succeed in college and the workplace and to compete in the
global economy
 Building data systems that measures student growth and success,
and inform teachers and principals about how they can improve
instruction
 Recruiting, developing, rewarding, and retaining effective teachers
and principals, especially where they are needed the most
 Turning around our lowest-achieving schools
40. UNITED STATES V. LOPEZ
 Facts: Congress passed the Gun Free Zone Act in 1992. It
prohibited anyone from possessing a gun within 1 ,000 feet of
a school. Lopez was charged with violation of the law and was
convicted.
 Issue: Did Congress have the authority under the commerce
clause to pass this law?
 Decision and significance: The court decided that the law was
unconstitutional because it violated the Tenth Amendment’s
reserve power clause. The court ruled that the act had nothing
to do with interstate commerce and the authority to pass such
legislation rested with the states.
41. THE BRADY LAW
 After President Reagan’s press secretary, Jim Brady, was shot
during the assassination attempt on Reagan, he and his wife led
a campaign to establish legislation that would create a system of
instant background checks before someone could purchase a gun
 Congress passed the law in 1994 and states were required to
fund the implementation of the background checks until the
federal government was able to do so
 Police of ficials in Arizona challenged the law because the felt
that the law placed an unfair burden on the states to fund the
program. The case reached the Supreme Court as Printz v. United
States.
 The court ruled that the provision requiring state funding was
unconstitutional became it violated federalism principles. The
federal government created a computerized instant background
check and the states did not have to fund the program
42. BILL OF RIGHTS
 Adopted two years after the ratification of the US Constitution
after delegates to the Constitutional Convention agreed to the
concept of a Bill of Rights as the first 10 amendments to the
Constitution
 Established a basic definition of civil liberties -those rights that
government cannot take away
 Established an individual’s due process rights as uses similar
language from the Declaration of Independence to protect
individuals against the government depriving them of “life,
liberty and property without due process”
 The bill of rights initially applied only to laws passed by the
federal government. As a result of Supreme Court Cases in the
twentieth century, the Bill of Rights was applied to the states
through selective incorporation
43. FIRST AMENDMENT
Guarantee that Congress could not make laws:
Establishing a state supported religion
Prohibiting the free exercise of a person’s
religion
Abridging freedom of speech
Abridging freedom of the press
Respecting the right to peaceably assemble
Respecting the right to petition the
government
44. ESTABLISHMENT CLAUSE
 Thomas Jef ferson called for a “wall of separation between
church and sate”
 The clause was intended to prevent the federal government
from supporting a national religion
 Supreme Court interpretations of the clause deal with state
financial support of religion, school prayer, and government supported religious symbols
 The court has been inconsistent in rulings that deal with
establishment issues, placing limitations on government
support of religion while supporting a government entity’s
right to recognize religion
45. ENGLE V. VITALE
 Facts: NY state had a mandatory requirement that all students
must recite a nondenominational prayer that started with
“Almighty God we acknowledge our dependence on thee…”
each day along with the pledge
 Issue: Whether the establishment clause was violated by NY
 Decision: The court struck down the prayer, ruling that it
violated the 1 st Amendment’s separation of church and state
 Significance: Schools could not include a daily prayer as part
of a formal daily activity
 Related Cases: Lee v. Weisman (1992), clergy at graduation
ceremonies unconstitutional; Santa fe ISD v. Doe (2000),
school-led prayer prior to football game unconstitutional
46. LEMON V. KURTZMAN
 Facts: a Pennsylvania law allowed state financial support, such
as textbooks and teacher salaries, for secular subjects taught in
parochial schools
 Issue: Did the Pennsylvania law violate the 1 st Amendment’s
establishment clause?
 Decision: The court ruled that the state violated the separation
of church and state by providing aid to parochial schools
 Significance: The court also developed a three -prong test as
criteria for determining whether the establishment clause has
been violated
 1. Purpose of the legislation must be secular, not religious
 2. Primary effect of the legislation must neither advance nor inhibit
religion
 3. The legislation must avoid an excessive entanglement of government
with religion
47. FREE EXERCISE OF RELIGION
 This clause was included to allow citizens to practice
religion without government interference
 Free exercise of religion guarantees that one’s
beliefs are protected but raises questions of whether
actions based on those beliefs constitute a violation
of the free exercise clause
 Issues such as working on the Sabbath, the practice
of polygamy, using illegal drugs as part of religious
exercise, pledging allegiance to the flag, and home
schooling because of religious beliefs have been
raised and decided by supreme court.
48. REYNOLDS V. US & EMPLOYMENT
DIVISION OF OREGON V. SMITH
 Reynolds v. US (1878) dealt with the practice of polygamy in the
territory that would become Utah
 Reynolds, a mormon, was a polygamist and was arrested and
convicted for violating a Utah law making polygamy illegal.
Reynolds challenged the law based on the free exercise clause
 The supreme court ruled that the law was constitutional and the
practice of polygamy was not a violated on the free exercise
clause
 Employment Division of Oregon v. Smith (1990) dealt with the
practice by a native american indians of using peyote as part of
their religious ritual
 Oregon refused to grant unemployment benefits because the
Native Americans used illegal drugs and were dismissed from
drug counseling jobs. The Supreme Court upheld Oregon’s
decision stating that there was a compelling govt. interest
regulating drugs
49. FREE SPEECH PRINCIPLES
 The issue of free speech revolves around the extent and limits
the government can place on free expression
 Speech is classified as expressive and symbolic
 Individuals can bring up lawsuits, called slander, against
entities that use speech to defame one’s character
 Speech can also be limited during times of war if it can be
proved that the speech limits the government’s ability to
conduct its war policies
 Speech can be limited if it obscene or if the speech creates a
threat to an individual or group
 The supreme court has ruled that the 1 st amendment spplies
to the states through selective incorporation
50. GITLOW V. NEW YORK & CHAPLINSKY
V. NEW HAMPSHIRE
 In Gitlow v. NY (1925), Gitlow was a socialist who advocated
through speech and pamphlets strikes and other civil actions
that would accomplish his goals. NY State had an antianarchy
law and Gitlow was arrested and convicted for his actions.
 The Supreme Court upheld his conviction, creating a “dangerous
tendency” test, and in its decisions ruled that the 1 st amendment
applied to the states by virtue of the due process clause of the
14 th amendment. This was the first time selective incorporation
was used by the court.
 In Chaplinksy v. New Hampshire (1925), Chaplinsky called a city
of ficial “a damned fascist” in a public place. He was arrested for
violating a breach of the peace
 The Supreme court upheld his conviction and in its ruling
established the “fighting words doctrine” – words that can inflict
injury or cause a breach of the peace can be regulated
51. SCHENCK V. UNITED STATES
 Facts: Schenck mailed flyers to potential draftees urging them to
defy the draft during WW1. He traveled around the country
speaking out against the war and urged people to oppose the
draft
 Issue: The US government accused Schenck of violating the
Espionage Act, which makes insubordination and draft resistance
illegal. Were Schenck’s actions a violation of his 1 st amendment
right of free expression and free speech?
 Decision and Significance: The Supreme Court upheld Schenck’s
conviction. Justice Holmes equated Schenck’s actions to yelling
in fire in a darkened movie theater. The court ruled that Schenck
created a “clear and present danger” by advocating his position
 This doctrine gives the government the right to prosecute
individuals who through expressive or symbolic speech create a
“clear and present danger”
52. TINKER V. DES MOINES
 Facts: Mary Beth Tinker was suspended from school for wearing a
black armband protesting the Vietnam War
 Issue: Whether the ptotest represented symbolic speech under
the 1 st Amendment
 Decision: The court ruled that the suspension was unjustified and
that the black armband represented symbolic speech that was
protected under the 1 st amendment. The court states that
students rights “do not stop at the schoolhouse gates” but also
recognized that schools had the right to intervene if there was a
“material and substantial” disruption of the school environment
 Significance: this was the first in a number of cases that raised
the issue of whether students attending public schools were
protected by the Bill of rights
53. TEXAS V. JOHNSON
 Facts: Gregory Lee Johnson was arrested for burning a US flag
protesting Reagan’s policies and his nomination for a second
term outside the Republican National Convention in Dallas. He
was accused and convicted of breaking a law that prohibited
the “desecration of a venerated object”
 Issue: Whether Johnson’s protest represented symbolic
speech under the 1 st amendment
 Decision: The court ruled 5 -4 that burning the flag for the
purpose of political protest was symbolic speech and
constitutional
 Significance: Congress failed to pass a constitutional
amendment banning flag burning after a national law that
prohibited flag burning also was ruled unconstitutional
54. FREE PRESS PRINCIPLES
 The first amendment guarantee of a free press deals with the
written word and whether there can be legitimate limitations
placed on it by the govt.
 One issue that is raised is whether the government can censor
the press during a time of war
 A second issue is whether the press can be censored as a
result of the use of obscenities
 A third issue is to what extent an individual is protected from
the abuses of a free press. Libel is defined as the defamation
of an individual’s character by the written word
55. JOHN PETER ZENGER TRIAL
 John peter zenger, a journalist writing for the New york
gazette, was highly critical of NY governor william cosby and
wrote stinging editorials denouncing the governor
 Governor cosby accused zenger of “seditious libel” and
brought zenger to trial
 Alexander Hamilton defended zenger and a jury found zenger
not guilty
 As a result of his trial, a foundation was laid that a press can
operate freely and openly if it meant public of ficials were
criticized
56. NY TIMES V. US (PENTAGON PAPERS)
 Facts: Daniel Ellsberg leaked a secret Pentagon study of the
Vietnam War that was published by the NY Times and Washington
Post. President Richard Nixon obtained an injunction against
both papers that forced the papers to stop publication of the
material. Nixon claimed that the release of the Pentagon Papers
would hurt national security during the Vietnam War
 Issue: Whether the publication of the Pentagon Papers was
protected by the 1 st amendment’s free press clause
 Decision and significance: The court ruled that the New York
Times and Washington Post had the right to publish the
Pentagon Papers and that the government misused its authority
of “prior restraint” when it asked the courts to censor the
publications
57. ASSEMBLY AND PETITION OF
GRIEVANCES PRINCIPLES
 The right of people to gather in places and express their point
of view without government interference
 The right of people to freely associate with groups they
choose
 The right to petition government of ficials for policies they
want
 Assembly and association rights must be balanced with the
time, manner, place, and nature of assembly
 Issues such as whether individuals can freely associate with
the Communist Party (yes); whether Nazi Party can march in
Skokie, Illinois (yes); and where individuals can demonstrate
peaceably on public property (yes) have been decided in
courts
58. SECOND AND THIRD AMENDMENTS
 The second Amendment’s original intent was to guarantee the
rights of states to maintain an armed militia
 The amendment has been interpreted as the people’s right to bear
arms
 The National Rifle Association (NRA) has been the primary special interest group advocating gun rights and opposing gun control
 Issues such as gun control legislation including a ban on assault
weapons, a waiting period for gun purchases, and regulation of gun
shows have been dealt with by Congress
 The 3 rd Amendment’s ban on quartering soldiers was included in the
Constitution as a result of British troops saying in the colonist’s
homes without permission during Revolutionary War
 Union troops occupied sotherners’ homes during the Civil War
59. DISTRICT OF COLUMBIA V. HELLER
AND MCDONALD V. CHICAGO
 District of Columbia v. Heller was the first federal case since 1939
that ruled on the question of whether the Second Amendment’s
guarantee of the right to bear arms constitutionally protected
individuals
 The case challenged a Washington, D.C., gun control law that
banned guns in the district and required any legal guns to be
unloaded
 The court ruled 5-4 that the law was unconstitutional and the
Second Amendment’s guarantee of the right to bear arms was
protected by federal laws
 In McDonald v. Chicago, the court ruled that Chicago’s law that
banned most handguns was also unconstitutional. This extended the
Second Amendments right to bear arms to state laws
 The court also ruled that the federal government and states could
still pass gun control legislation such as outlawing certain types of
weapons and ammunition.
60. FOURTH AMENDMENT
 The Fourth Amendment deals with privacy rights even though
the word “privacy” is not found in the amendment
 The clause “the right of people to be secure in their persons,
houses, papers…” is the basis of the privacy right
 A search warrant is necessary if there is probably cause in
order for the police to obtain evidence against an individual
 The Fourth Amendment is also the first due process that is
included as part of the Bill of Rights. Police must follow the
dictates of this amendment in gathering evidence against an
individual
61. FOURTH AMENDMENT PRINCIPLES
 Federal and state governments have attempted to define a
broad manner the rights of law of ficials to obtain evidence
 “Probable cause” has come under close scrutiny by the courts.
In cases related to students attending public schools,
reasonable suspicion is the criterion for a search
 The Fourth Amendment’s protections have been applied to the
states through selective incorporation
 Courts have found exceptions to the “probable cause”
standard. The police can obtain evidence if it in “plain view”
or if the evidence was obtained as a result of an emergency
 Issues such as abortion and extent the government can use
warrantless wiretaps raise privacy issues
62. WOLF V. COLORADO & MAPP V. OHIO
 Wolf v. colorodo was a key incorporation case that made the
4 th amendment applicable to the states through the due
process clause of the 14 th amendment. The decision allowed
illegally obtained evidence to be used in state courts
 Mapp v. ohio overturned wolf v. colorado
 Facts: Dolree Mapp accused police of obtaining evidence used
against her without a valid search warrant
 Issue: Whether illegally obtained evidence can be used in trial
 Decision and Significance: Mapp v. ohio established the
exclusionary rule: if the police obtained evidence wihtout a
valid search warrant it would not be admissible in court;
characterized illegal evidence as “fruit of the poisonous tree”
63. GRISWOLD V. CONNECTICUT
 Facts: Griswold, the executive director of Planned Parenthood
of Connecticut, was convicted for violating a Connecticut law
that made it illegal to give information to married couples
regarding birth control
 Issue: Whether Connecticut’s law violated the 4 th
amendment’s right to be “secure in their persons” as a result
of the counseling that was done
 Decision and significance: The Supreme court ruled that the
law prohibiting obtaining information about birth control was
illegal under the 4 th amendment. The court ruled that there
was an inferred privacy right given to people in the 4 th
amendment.
64. ROE V. WADE
 Facts: Norma McCorvey, using Roe as a pseudonym, violated
Texas state law that banned all abortions
 Issue: Did Texas state law violate a woman’s right to privacy that
was established in Griswold v. Connecticut?
 Decision and significance: the supreme court ruled that women
had the constitutional right under the 14 th amendment to an
abortion. The court determined that in the first trimester women
had the right to abortion on demand. During the second
trimester, the state could place restrictions on abortions, and
during the 3 rd trimester more restrictions could be placed on a
woman’s decision to have an abortion
 Future decisions by the Court gave the state even more authority
to place restrictions on abortions. Congress also passed a law
that banned a procedure called “partial birth abortions,” and the
Supreme Court upheld that law
65. PLANNED PARENTHOOD V. CASEY
 Facts: Pennsylvania law required that women seeking
abortions had to wait 24 hours, that minors had to get
consent from their parents, and that a married woman had to
notify her husband if she was going to have an abortion
 Issues: whether the law violated the 14 th amendment and
whether Roe v. Wade should be overturned
 Decision and significance: the Court upheld the 24 -hour
waiting period and parental approval (with judicial bypass if
challenged) but struck down spousal approval
 Roe v. wade was upheld and the Casey case became the
precedent for future cases dealing with this issue
66. NEW JERSEY V. T.L.O & VERNONIA
SCHOOL DISTRICT V. ACTON
 Both cases dealt with privacy issues established in the 4 th
amendment
 In NJ v. T.L.O. a 14 -yr old minor was accused of violating a school
policy that prohibited smoking in the bathrooms. The principal
searched her pocketbook for evidence without a search warrant and
found illegal drug paraphernalia.
 The supreme court ruled that the principal had the authority to
conduct the search without a warrant because there was a
reasonable suspicion
 In vernonia school district v. acton, the school district imposed a
random drug test for all school athletes
 The supreme court ruled that the school did not violate the privacy
rights of the students. A future case extended the school’s right to
randomly drug test any student who was involved in an
extracurricular activity.
67. PATRIOT ACT
 Originally passed by Congress in response to the terrorism
attacks carried out on 9/11; it was reauthorized in 2006
 The act has provisions that expand the government’s role in
dealing with domestic terrorism including surveillance and
wiretapping
 Gives the government the rights to conduct secret searches
and phone and Internet surveillance as well as access to
private records if there is evidence of possible terrorist
activity
 Permits the imprisonment of noncitizens without due process
if there is evidence they are involved in terrorist plots
 Raises the issue of whether the 4 th amendment’s protections
can be diminished in the name of national security
68. FIFTH AMENDMENT
 Establishes individual procedural rights
 These rights include
 An indictment obtained by the police that charges a person with a
crime
 A protection against double jeopardy (being tried for the same crime
twice)
 The right of an individual not to testify against himself, also called
“taking the 5 th ”
 The guarantee of due process before a person’s life, liberty, or
property can be taken
 Just compensation by the government if property is taken from an
individual called eminent domain
69. DUE PROCESS PRINCIPLES
 Due process established in the Constitution through habeas
corpus protection. Habeas corpus is Latin for “presenting the
body.” Its application to the law is that an individual cannot
be detained without being charged with a crime
 Habeas corpus can be suspended by Congress during war
 Habeas corpus rights also guarantee individuals the right to
appeal a conviction
 Due process guarantees that an individual is protected from
unfair treatment by the government from arrest through
conviction
 The 6 th , 7 th , and 8 th Amendments to the Constitution give
individuals protections related to obtaining a lawyer, the trial
process, and the sentencing if a person is found guilty
70. MIRANDA V. ARIZONA
 Facts: ernesto miranda was charged and convicted of rape and
kidnapping. During his interrogation he was not told what the
consequences would be if he answered questions. He was never
told he could as for a lawyer during the questioning. Ultimately
he signed a confession.
 Issue: whether Miranda’s due process rights were violated as a
result of the interrogation techniques used by the police
 Decision and significance: the court in a landmark decision ruled
that Miranda’s confession was illegally obtained. It also ruled
that the police had to inform an individual at the time of arrest
the rights from the 5 th amendment including the right to remain
silent, that anything said could be used in court, that there is a
right to consult with a lawyer, and a lawyer will be provided if the
accused could not af ford one.
71. SIXTH AMENDMENT
 Gives the individual the protections guaranteed during a trial:
 1. a speedy and public trial by an impartial jury
 The trial taking place in the geographic location where the crime was
committed
 The court informing the accused of the nature of the charges
 The accused having the right to confront witnesses
 The right of the accused to call witness for the defense
 The right of the accused to obtain a lawyer
72. GIDEON V. WAINWRIGHT
 Facts: earl gideon was accused and convicted of robbery, a
felony under florida law. He could not af ford a lawyer and was
forced to defend himself.
 Issue: whether gideon’s 5 th amendment due process rights
and 6 th amendment right of assistance of counsel were
violated
 Decision: the court ruled that florida had to provide Gideon
with an attorney. While in prison gideon did legal research
and submitted to the Supreme court a “pauper’s brief,” an
appeal written by a person who could not af ford a lawyer
 Significance: as a result of this case, the accused were
guaranteed the right to an attorney
73. SEVENTH AND EIGHTH AMENDMENTS
 The seventh amendment guarantees the right of trial by jury
for civil trials
 The 7 th amendment has not been applied to the states
through selective incorporation
 The 8 th amendment establishes bail procedures giving the
accused the right to post bail that is based on the nature of
the crime and the history of the accused
 The 8 th amendment also protects the accused against “cruel
and unusual punishment”
 Death penalty cases dealing with when the death penalty can
be imposed and whether the death penalty represents cruel
and unusual punishment have been brought before the courts
74. GREGG V. GEORGIA
 Facts: Toney Gregg was convicted of armed robbery and
murder and sentenced to death by a Georgia jury. Georgia’s
death penalty was previously ruled unconstitutional by the
Supreme Court in Furman v. Georgia in 1972
 Issue: Whether the death penalty was cruel and unusual
punishment and whether the jury process followed the
procedures set forth by the Furman decision
 Decision and significance: the Court ruled that the death
penalty did not represent cruel and unusual punishment. It
also declared that the jury procedure that imposed the
sentence was constitutional because the trial and sentencing
were conducted separately
75. NINTH AMENMDMENT
 The ninth amendment guarantees that those undefined rights
not listed anywhere in the Constitution cannot be taken away
from the people
 Even though the right to privacy is not listed right found in the
Bill of Rights, the 9 th amendment protects that fundamental
right
 Issues such as “the right to die,” either by euthanasia or
assisted suicide, and abortion have been brought before the
courts
76. CRUZAN V. MISSOURI DEPARTMENT
OF HEALTH
 Nancy Beth Cruzan was left in a coma after a car accident and
was diagnosed by physicians as being in a “persistent vegetative
state.” Cruzan’s parents wanted the hospital to stop life support
and the hospital refused
 Issue: did the 9 th amendment give Cruzan the “right to die”?
 Decision and significance: because there was no evidence that
cruzan would have chosen to end her life, the court ruled that the
hospital had the authority to continue treatment. However, the
supreme court declared that if any individual signed a “living
will,” the hospital would have to respect the individual’s choice
to end life support
 In a related case, the Supreme court ruled that doctor -assisted
suicide is not a protected right. However, oregon voters using the
initiative process approved assisted suicide for its residence.
77. TENTH AMENDMENT
 The 10 th amendment codifies the definition of federalism delegated powers are given to the federal government and
those powers not denied to the states are reserved to the
states and the people
 Delegated powers are those defined by Article 1 of the
Constitution. Powers denied to the states are those powers
specifically given to the federal government such as the
congress’s power to declare war
 Reserved powers are those powers not listed in the
constitution such as authority of the states to pass laws in
such areas as education, general health, and welfare
78. NATIONAL FEDERATION OF
INDEPENDENT BUSINESSES ET AL. V.
SIBELIUS
 In march 2010, president barack obama signed into law the
af fordable health care act that required people who did not have
health care to purchase it. This was called the individual
mandate. The law soon became known as “ obamacare”.
 Soon after the law was signed over 20 states attorneys’ generals
brought the law to the courts challenging the constitutionality of
the individual mandate
 After dif ferent federal appeals courts ruled that the mandate
was constitutional and unconstitutional, the supreme court
merged three cases
 The court in a 5-4 decision ruled that the individual mandate was
constitutional. Chief justice john roberts was the deciding vote
and wrote that the mandate was a form of a tax and that
Congress had the power to implement the law by imposing a
penalty to those who do not pay for health insurance
79. ELEVENTH AMENDMENT
 The eleventh amendment establishes state sovereignty,
protecting states from lawsuits against them from citizens of
their own state, citizens from other states, or other states or
foreign countries
 Congressional laws such as americans with disabilities act
and the violence against women act as well as state public
employee laws and issues raised by Native american tribes
against states have been decided by the supreme court
 In many cases, specific provisions of laws have been struck
down because individuals have attempted to sue states. The
court ruled that the state sovereignty provisions of the 11 th
amendment protects the state against these lawsuits
80. THIRTEENTH, FOURTEENTH, AND
FIFTEENTH AMENDMENTS
 These three were amendments adopted as a result of the Civil
War
 The 13 th amendment abolishes slavery
 The 14 th amendment defines citizenship, forbids the state
from denying its citizens the rights guaranteed by the
Constitution, equal protection under the law, and due process
of life, liberty, and property
 The 15 th amendment gives the right to vote to former slaves
and prohibits the states from denying the right to vote based
on race
81. FOURTEENTH AMENDMENT
PRINCIPLES
 Original intent of the 14 th amendment was to provide equal
protection for the feed slaves and give Congress the ability to
pass legislation to support this goal
 Congress passed Civil Rights Act of 1975, which prohibited
discrimination in public accommodations. The Supreme court
ruled that this legislation was unconstitutional.
 States passed black codes and jim crow laws establishing
segregation doctrine for former slaves
 The 14 th amendment protections were extended to non -citizen
immigrants in the 1880s
 The 14 th amendment due process provisions were not applied
to the states until the 1920s through the process of selective
incorporation
82. SELECTIVE INCORPORATION OF THE
BILL OF RIGHTS
 Selective incorporation is defined as the supreme court using
the due process clause of the Fourteenth Amendment to apply
the Bill of Rights to the states
 The court interpreted that only the “fundamental” rights of the
Bill of Rights would apply to the states
 Gitlow v. New York was the first case the Supreme court
decided that applied the 1 st amendment to the states
 Wolf v. colorodo applied the 4 th amendment to the states
 Mapp v ohio, gideon v. wainwright, and miranda v. arizona
further extended the Bill of Rights to the states by
guranteeing specific rights
83. DRED SCOTT V. SANFORD
 Facts: dred scott was a slave who was taken to a free state
that was made free as a result of the Missouri Compromise.
He claimed that he was no longer a slave as a result of the
fact he lived in a free state.
 Issue: whether scott was a slave because he was living in a
free territory
 Decision and significance: roger taney, writing the majority
decision, ruled that scott was a slave because he did not
enjoy protections guaranteed to citizens in article III of the
constitution and that slaves were property
 The court also ruled that the Missouri compromise was
unconstitutional. This ruling became a catalyst for the start of
the civil war.
84. PLESSY V. FERGUSON
 Facts: homer plessy challenge a louisiana state law that
banned blacks from the first -class section in a train. Even
though Plessy had only “10% African American ancestry, he
was denied a first-class ticket
 Issue: whether the 14 th amendment’s equal protection clause
made louisiana’s law unconstitutional
 The Supreme Court ruled that the law was valid because the
law did not violate the equal protection clause since louisiana
was providing separate but equal accommodations
 The significance of this decision was the the “separate but
equal” doctrine became the acceptable treatment for African Americans
85. CIVIL RIGHTS FOR AFRICANAMERICANS
 African Americans had to fight segregation resulting from jim
crow laws and the supreme court decision in plessy v. ferguson
 The equal protection clause of the 14 th amendment was the
constitutional argument used in court cases
 President truman sent a signal that segregation was wrong when
he ordered the army to integrate in 1948
 The 1950s saw african americans participate in civil
disobedience. The supreme court changed the course of the civil
rights movement in the landmark case brown v. the board of
education in 1954. rosa parks refused to sit In the back of a bus
in 1955, an act of defiance that triggered the civil rights
movement
 Congress responded to the call by the reverend martin luther
king jr. at the 1963 march on washington by passing the historic
civil rights act of 1964 and the voting rights act of 1965
86. BROWN V. BOARD OF EDUCATION OF
TOPEKA, KANSAS
 Facts: linda brown was refused admission to an all -white
school because the topeka board of education made the case
that the school she was attending had separate but equal
facilities. Thurgood marshall, a lawyer for the NAACP
(National association for the advancement of colored people)
argued the case for brown
 Issue: whether topeka’s segregation policies violated the 14 th
amendment’s equal protection clause
 Decision: In a landmark unanimous decision, the supreme
court ruled that “separate but equal was inherently unequal.”
It ordered an end to school segregation “with all deliberate
speed”
 Significance: even though the court ordered an end to school
segregation, the change to integration took decades.
87. DE FACTO AND DE JURE
SEGREGATION
 De facto segregation is segregation of schools, housing, and
other facilities through circumstance not as a result of law
 De facto segregation is not illegal. However, congress passed
legislation such as the civil rights act of 1964and the courts
have made rulings that made aspects of this practice illegal
 De jure segregation is segregation resulting from laws passed
by state governments such as jim crow laws and decisions
made by the supreme court such as plessy v. ferguson
 De jure segregation is illegal as a result of laws passed by
congress and court decisions
88. MARTIN LUTHER KING JR.
 Became the main spokesperson for the civil rights movement in
the 1950s and 1960s, advocating civil disobedience as the
means to achieve the goals
 Led by montgomery bus boycott in 1955
 Founded the southern christian leadership conference in 1957;
named the first president of the conference
 Led the march on Washignton in 1963 and gave the famous “I
have a dream” speech before hundred of thousands of
marchers
 Named the winner of the nobel peace prize in 1964
 Led a voting rights demonstration in selma, alabama, in 1965
 Was assassinated in 1968 in memphis, tennessee by james
earl ray
89. CIVIL RIGHTS ACT OF 1964
 Sent to congress by john f. kennedy after the march on
washington
 Signed into law by lyndon johnson after a senate filibuster
 Made discrimination in public accommodations such hotels
and restaurants illegal based on race, religion, and national
origin
 Made discrimination in employment illegal based on race,
religion, or national origin
 Created the equal opportunity commission (EEOC) that had
the responsibility of reporting and investigating complaints of
job discrimination
 Title VII of the act made discrimination against women illegal
90. HEART OF ATLANTA MOTEL V. UNITED
STATES
 Facts: the Heart of Atlanta Motel was located just of f an
interstate highway running through Atlanta. The motel owner
refused to abide by the provisions of the Civil Rights Act of 1964
and would not allow African American patrons
 Issue: Whether the Congress had the authority to pass the Civil
Rights Act of 1964 by using the elastic clause of the Constitution
that expanded the interpretation of interstate commerce
 Decision: the supreme court ruled that the motel owner violated
the civil rights act of 1964 and that the act itself was
constitutional
 Significance: the court in its decision upheld the act on the basis
of Congress’s authority to regulate interstate commerce - “in
relation to the interstate flow of goods and people”
91. TWENT Y-FOURTH AMENDMENT
 Southern states had passed laws such as poll taxes and
literacy tests that resulted in minorities not being able to vote
 In 1964 there were almost three million African Americans
who were not registered to vote in 11 southern states
 The 24 th amendment to the US constitution banned all poll
taxes in federal primary and general elections
 As a result of this amendment, Congress began its oversight
into attempts to block African Americans from voting
92. VOTING RIGHTS ACT OF 1965
 Gave the attorney general the power to determine which states
were in violation of discriminating against African american
voters
 If a state had fewer than half the eligible voters registered, the
attorney general could send in federal of ficials to facilitate voter
registration
 As a result of this act, african american voter registration more
than doubled in the south in the first five years of the act
 The act was challenged in 2012 and one section requiring pre approval was ruled unconstitutional
 The acts provisions were used to challenge “majority -minority”
redistricting that resulted when state legislatures drew
congressional districts that were gerrymandered in favor of
minority groups
93. KEY CIVIL RIGHTS LEGISLATION
 Equal opportunity act of 1964 gave funding for education and
work training to fight poverty; part of President Johnson’s
Great Society program
 The Fair Housing Act of 1968 banned discrimination in
housing based on race
 The Civil Rights Act of 1991 strengthened the Civil Rights Act
of 1964 by providing damages to individuals employed who
were intentionally discriminated against
 The Disaster Relief and Emergency Assistance Act of 1988
bans discrimination in federal funding in relief operations
94. AFFIRMATIVE ACTION
 Af firmative action is giving equal opportunity to individuals to
attend schools, obtain employment, and housing that were
denied as a result of race.
 The theory behind af firmative action programs is that the
government is creating a level playing field and making up for
pas inequalities
 A goal of af firmative action programs is the creation of
diversity in society
 Af firmative action programs can be race -based but cannot
utilize quotas to achieve its goals
 Originally, af firmative action programs were aimed at African
americans but they were later expanded to include other
minority groups
95. REGENTS OF UNIVERSIT Y OF
CALIFORNIA V. BAKKE
 Facts: Alan Bakke, a white student, applied to admission in the
University of California’s medical school. His scores on the
admission tests were not high enough to get admitted but higher
than the standard used by the school to accept a quota of
minority students. Bakke claimed that there was a reverse
discrimination.
 Issue: whether the 14 th amendment’s equal protection clause
applied to Bakke even though he was not a part of a minority.
Whether the practice of setting aside 18% of its seats for
minority students was constitutional
 Decision and significance: the supreme court ruled that bakke
should have been admitted to the school. The court also decided
that quotas were unconstitutional but that race could be used as
a factor for admission to colleges and universities
96. KEY AFFIRMATIVE ACTION SUPREME
COURT DECISIONS
 City of richmond v. J.A . Croson Co. struck down a Richmond,
Virginia af firmative action program because the state did not
show a “compelling interest” in creating one
 Metro Broadcasint Inc v. FCC upheld FCC’s decision to award a
broadcasting license to a minority group in order to create
diversity
 Gratz v. Bollinger, Grutter v. Bollinger … the court upheld the
Bakke principle of race -based af firmative action by striking down
the undergraduate admissions program at the university of
Michigan undergraduate school in Gratz and upholding the
graduate program at the university of Michigan law school
 In Fisher v. University of Texas, the supreme court ruled that the
Texas af firmative action program was unconstitutional but still
allowed race to be used as a factor in af firmative action
programs
97. CIVIL RIGHTS FOR WOMEN
 Women were not originally given political equality in the US
constitution
 In 1848, at the Seneca Falls Convention, Elizabeth Cade Stanton
led the fight for political suf frage through the Declaration of
Sentiments and Resolutions
 The 19 th amendment gave women the right to vote
 Women achieved more equality in the workplace during WWII as
illustrated by the “Rosie the Riveter” poster
 Equal pay has been ongoing struggle for women attempting to
break through what has been called “the glass ceiling”
 The ratification of the Equal Rights Amendment to the
Constitution Failed
 Congress passed Title IX of the Education Act of 1972, creating
equity in federally funded education programs and the Equal pay
act of 1973
98. NINETEENTH AMENDMENT
 The 19 th amendment, passed in 1920, gives women the right
to vote and gives Congress the authority to pass legislation to
enforce this
 Women have become a major voting block since they received
the right to vote. More women than men vote in presidential
elections
 There has been a “gender gap” in the support of presidential
candidates with more women than men supporting
Democratic candidates
 Female candidates for political of fice have also increased
since 1920 with a dramatic increase taking place in 1992 and
2012
99. EQUAL RIGHTS AMENDMENTS
 The Amendment’s goal was to establish a constitutional
guarantee of equality for women similar to the original intent of
the 14 th amendments equal protection that gave equality to
African americans
 The house passed the amendment in 1971 and the Senate
ratified it in 1972. It was then sent to the state legislatures
where the amendment needed three -fourths of the states to pass
It by 1982.
 The national organization of Women (NOW) was one of the
primary special interest groups urging adoption
 Opponents claimed that the amendment was unnecessary
because the 14 th amendment had provisions that gave equal
protection to citizens
 The equal rights amendment failed by three states
100. TITLE IX OF THE EDUCATION
AMENDMENTS OF 1972
 Act provided that there could not be discrimination based on
gender in any federally funded program
 As a result of Title IX there became a parity between mend and
women in high school and college athletic and curricular
programs
 School systems had to appoint a Title IX coordinator to ensure
enforcement of the regulations
 School systems had to conduct a self -evaluation and correct any
inequities that existed in their programs
 Due to Title IX, there have been major advances made by women
in athletics and achieving higher -educational degrees
101. GLASS CEILING
 “Breaking the glass ceiling” refers to women and minorities
being able to break through what are considered unof ficial
barriers in business, the workplace, politics, and society
 Historically, women have not been given positions such as
chief executive of ficers. They have not been given positions on
boards of directors and have earned less money than men
working in the same job
 Over the past 20 years there have been major gains made by
women as corporate of ficers, business owners, and elective
of fice holders
102. UNITED STATES V. VIRGINIA
 The virginia military institute (VMI), a state supported school
receiving federal funds, had a male only admission policy. The
US, on behalf of women applicants, brought suit against
Virginia because women were forced to attend an all -female
school, the Virginia Women’s institute for leadership.
 Issue: Did VMI’s admission policy violate the 14 th
amendment’s equal protection clause?
 Decision: Ruth Bader Ginsburg wrote the majority decision
ruling that the school’s female policy was discriminatory and
that VMI had to accept women to their school
 Significance: The decision further broadened the 14 th
Amendment’s equal protection clause
103. CIVIL RIGHTS FOR PEOPLE WITH
DISABILITIES
 People having disabilities make up 20% of the american
population
 They include people having physical, mental, and emotional
disabilities
 The GI Bill of Rights (1944) and the Education of All
Handicapped Children Act (1975), now called the individuals
with disabilities education act, provided protection for
returning soldiers with disabilities and children with
disabilities attending schools
 The landmark americans with disabilities act (1990) had 63
Senate cosponsors including wounded veterans, bob dole,
john kerry, and john mccain
104. AMERICANS WITH DISABILITIES ACT
 Defined disability as “a physical or mental impairment that
substantially limits one or more major life activities”
 Required employees, schools, transportation systems, public
buildings to reasonably accommodate the physical needs of
individuals with disabilities by providing such things as ramps,
elevators, and other appropriate accommodations
 Made it illegal for employers to discriminate against the
handicapped requiring employers to protect the rights of the
disabled by providing accommodations for those workers
 The equal opportunity commission enforces the law
 Law has generated litigation (lawsuits) against employers and
municipalities regarding what accommodations must be made to
the disabled
 States have had to provide funding to make public
accommodations available.
105. CIVIL RIGHTS FOR GAY AMERICANS
 Gay americans have fought for equal protection under the law
through legislation in Congress and state legislatures and through
court fights and they have been elected to state and national
of fices
 Bowers v. hardwick, declared that sodomy laws in states were
constitutional. This case was reversed in 2003 ( lawrence v. texas),
providing a victory for gay rights
 Congress passed the defence of marriage act (1996), which made it
illegal for states to recognize the legality of same -sex marriages.
Massachusetts became the first state to legalize same -sex
marriages in 2003. thirteen states and the discrict of columbia
have legalized same-sex marriage
 Thirty -seven states have banned same -sex marriages
 The supreme court has ruled that boy scouts of america can bar
homosexuals as scout leaders but the boy scout made a policy
allowing gays to join the boy scouts
106. “DON’T ASK, DON’T TELL” MILITARY
POLICY
 President clinton recommended this policy in 1993. it was
adopted by the congress and regulations were written by the
department of defense in 1993.
 Servicemen and women could be discharged from the military
on the basis of being gay only if they made a statement that
were lesbian or gay, engaged in physical contact with
someone of the same sex, or married or attempted to marry
someone of the same sex
 Over 9000 servicemen and women have been discharged as a
result of this policy
 The policy was repealed (reversal of the law) in 2010
107. DEFENSE OF MARRIAGE ACT
 The defense of marriage act (aka DOMA) was signed into law by
president clinton
 The act defines marriage as an act as “only a legal union between
one man and one woman as a husband and wife”
 The law also allows states not to recognize same -sex marriages
performed legally in own states
 The law also prohibits same -sex couples who are legally married or
are recognized as a couple as a result of a civil union from
collecting any federal benefits that married couples get such as not
being able to leave a spouse an inheritance being subject to estate
tax regulations and not being able to file joint federal income taxes
 The law was challenged and the supreme court agreed to hear the
case in 2013 and ruled in the case of Windsor v. US that the section
denying federal benefits to legally married same -sex couples was
unconstitutional, thus enabling legally married gay couples to
receive over 1000 federal benefits
108. LEGAL BASIS OF SAME-SEX
MARRIAGE
 37 states have same sex marriage restrictions ranging from no
recognition of legally married same sex couples to state
constitution provisions prohibiting same sex marriage
 11 states plus the district of Columbia have made same sex
marriage legal through court decisions, laws, and popular initiatives
 In 2008, the California Supreme court ruled that same -sex marriage
was legal. In november 2008, the voters passed a referendum,
proposition 8 that nullified the law. The California supreme court
and federal appeals courts ruled that the proposition violated the
equal protection clause of the 14 th amendment
 The US supreme court agreed to hear the case as well as a case
challenging the legality of the defense of marriage act of 2013
 The court ruled that the California courts ruling that proposition 8
was unconstitutional was af firmed by the supreme court, and the
court ruled that the section of defense of marriage act that
prevented legally married same -sex couples from receiving federal
benefits was unconstitutional.
109. CIVIL RIGHTS FOR NATIVE
AMERICANS
 The bureau of indian af fairs is the watchdog agency making
sure that legislative benefits are administered to native
americans
 Native american tribes are recognized as independent nations
 Native americans living on reservations are immune from
state and federal laws
 Militant leader russell means fought for the rights of native
americans and he became a director of the american indian
movement (AIM) in 1970
 Some native americans have found financial success as a
result of states granting them the right to open and operate
casinos as a result of court decisions regarding land claims
110. CIVIL RIGHTS FOR HISPANICAMERICANS
 Hispanics represent the largest growing minority group in the
US. By 2050 the hispanic population is expected to be almost
30% of the total population.
 There are significant number of hispanic representatives in
state legislatures and congress. There have been hispanics
elected as mayors and governors and in 2008 bill richardson,
governor of new mexico, ran for the democratic nomination
for president
 Cesar chavez was a mexican-american activist who organized
a strike in 1965 by the United farm workers on behalf of
migrant workers against california farmers
 Hispanic leaders have fought for the rights of undocumented
immigrants and for a path to citizenship for them
111. CIVIL RIGHTS FOR YOUNG PEOPLE
AND SENIOR CITIZENS
 Senior citizens make up 12% of the entire population as of 2004.
by 2050 that percentage is expected to almost double as people
live longer.
 Senior citizens rely on the american association of retired
persons (aarp) to lobby for their interests
 Acts banning age discrimination were passed by congress in
1967 and 1978. there are also provisions in civil rights act
prohibiting age discrimination
 Supreme court cases such as tinker v. des moines established
that rights for young people do not stop at the schoolhouse door
 Other supreme court cases such as havelwood v. kuhlmeier,
giving administrators the right to censor school -sponsored
publications; bethel school district v. fraser, giving school
of ficials the right to censor speech, and discipline students as a
result of speech, and new jersey v. T.L.O., which establishes
“reasonable suspicion” as the standard for searching students.