Glossary
Baker v. Carr (1962)
This case ruled that federal courts could hear cases challenging congressional redistricting, establishing the 'one person, one vote' principle for legislative apportionment.
Example:
If a state's legislative districts were drawn so that some districts had significantly more voters than others, citizens could challenge this in court based on the precedent set by Baker v. Carr.
Brown v. Board of Education (1954)
This pivotal case ruled that racial segregation in public schools was unconstitutional, overturning the 'separate but equal' doctrine from Plessy v. Ferguson.
Example:
The integration of public schools across the United States after 1954 was a direct result of the landmark decision in Brown v. Board of Education.
Citizens United v. FEC (2010)
This case ruled that corporations and unions have the same First Amendment free speech rights as individuals, allowing them to spend unlimited amounts of money on independent political expenditures.
Example:
A large corporation running a series of advertisements directly advocating for or against a political candidate is exercising its freedom of speech rights, as affirmed by Citizens United v. FEC.
Clear and Present Danger
A legal test established in Schenck v. United States to determine when speech can be limited, specifically if it poses an immediate and substantial threat to public safety or order.
Example:
During a national emergency, the government might argue that certain types of speech, like inciting panic, pose a clear and present danger and can therefore be restricted.
Commerce Clause
Article I, Section 8 of the Constitution, granting Congress the power to regulate interstate and foreign commerce.
Example:
Federal laws regulating the trucking industry, including safety standards and licensing, are justified under the Commerce Clause because trucking involves trade across state lines.
Due Process Clause
Part of the Fourteenth Amendment (and Fifth Amendment) that prohibits states from depriving any person of life, liberty, or property without due process of law.
Example:
Before a state can take away a person's driver's license, it must provide a hearing or other fair procedure, ensuring due process of law.
Engel v. Vitale (1962)
The Court prohibited state-sponsored recitation of prayer in public schools, ruling it a violation of the Establishment Clause of the First Amendment.
Example:
A public school principal who leads students in a daily prayer would be violating the Establishment Clause as interpreted by Engel v. Vitale.
Equal Protection Clause
Part of the Fourteenth Amendment that prohibits states from denying any person within their jurisdiction the equal protection of the laws.
Example:
Laws that treat people differently based on race or gender are often challenged under the Equal Protection Clause of the Fourteenth Amendment.
Establishment Clause
Part of the First Amendment that prohibits the government from establishing or endorsing a religion.
Example:
A public school cannot require students to participate in a specific religious ceremony because it would violate the Establishment Clause.
FRQ #3 Gold
Refers to the third Free Response Question on the AP US Government & Politics exam, which typically requires a comparison essay involving Supreme Court cases.
Example:
To ace FRQ #3 Gold on the AP Gov exam, students need to thoroughly understand the holdings and principles of the required Supreme Court cases.
First Amendment
This amendment protects fundamental rights including freedom of speech, press, religion (establishment and free exercise clauses), assembly, and petition.
Example:
Citizens protesting peacefully outside a government building are exercising their rights under the First Amendment to assemble and petition the government.
Fourteenth Amendment
This amendment grants citizenship to all persons born or naturalized in the U.S. and contains the Due Process and Equal Protection Clauses, which are vital for civil liberties and civil rights.
Example:
The Fourteenth Amendment was instrumental in extending civil rights protections to African Americans after the Civil War and continues to be a cornerstone for equality.
Free Exercise Clause
Part of the First Amendment that protects individuals' right to practice their religion freely, without government interference.
Example:
An individual's right to wear religious attire in public is protected under the Free Exercise Clause, as long as it doesn't violate a neutral law of general applicability.
Freedom of Speech
The right to express one's opinions and ideas without fear of government retaliation or censorship, though this right is not absolute.
Example:
A student writing an editorial in the school newspaper criticizing a new school policy is exercising their freedom of speech.
Freedom of the Press
The right of newspapers, magazines, and other media outlets to publish information without government censorship or prior restraint.
Example:
A journalist publishing an investigative report exposing government corruption is protected by the freedom of the press.
Gideon v. Wainwright (1963)
The Court ruled that states are required to provide legal counsel to indigent defendants in felony cases, incorporating the Sixth Amendment's right to counsel.
Example:
A person arrested for a serious crime who cannot afford a lawyer must be provided one by the state, a right guaranteed by the Supreme Court's decision in Gideon v. Wainwright.
Implied Powers
Powers not explicitly stated in the Constitution but are considered necessary and proper for Congress to carry out its enumerated powers.
Example:
The creation of the Federal Reserve System is an exercise of implied powers, as the Constitution doesn't explicitly mention a central bank but grants Congress the power to coin money and regulate its value.
Judicial Review
The power of the courts to determine whether acts of the legislative and executive branches are constitutional.
Example:
When the Supreme Court declared a federal law unconstitutional, it was exercising its power of judicial review, a precedent established in Marbury v. Madison.
Marbury v. Madison (1803)
This landmark Supreme Court case established the principle of judicial review, allowing the Court to declare acts of the legislative and executive branches unconstitutional.
Example:
When the Supreme Court struck down a state law that conflicted with federal law, it was exercising its power of judicial review, a precedent set by Marbury v. Madison.
McCulloch v. Maryland (1819)
This case affirmed the implied powers of Congress under the Necessary and Proper Clause and established the supremacy of federal law over state laws.
Example:
The federal government's creation of the national park system, though not explicitly mentioned in the Constitution, is justified by the implied powers affirmed in McCulloch v. Maryland.
McDonald v. Chicago (2010)
The Court incorporated the Second Amendment's right to bear arms to the states, ruling that the right to self-defense is fundamental.
Example:
A city ordinance banning all handguns would likely be challenged and struck down based on the Second Amendment right to bear arms, which was incorporated to the states in McDonald v. Chicago.
Necessary & Proper Clause
Article I, Section 8 of the Constitution, granting Congress the power to pass all laws 'necessary and proper' for carrying into execution its enumerated powers.
Example:
Congress's decision to establish a national bank was justified under the Necessary & Proper Clause, as it was deemed essential for managing the nation's finances.
New York Times Co. v. United States (1971)
This case bolstered the freedom of the press, establishing a 'heavy presumption against prior restraint' even in cases involving national security.
Example:
The government attempting to stop a newspaper from publishing classified information would face a high legal hurdle due to the strong protection against prior restraint affirmed in New York Times Co. v. United States.
Prior Restraint
Government censorship of information before it is published or broadcast, which is generally presumed to be unconstitutional.
Example:
The government attempting to stop a newspaper from printing a story before it goes to press would be an act of prior restraint, which is rarely allowed.
Schenck v. United States (1919)
The Court upheld the Espionage Act, establishing the 'clear and present danger' test for limiting free speech, particularly during wartime.
Example:
Shouting 'fire!' in a crowded theater when there is no fire is an example of speech that creates a clear and present danger and is not protected by the First Amendment, as determined in Schenck v. United States.
Second Amendment
This amendment protects the right of the people to keep and bear arms, often interpreted as an individual right.
Example:
The ability of individuals to own firearms for self-defense is protected by the Second Amendment.
Selective Incorporation
The process by which the Supreme Court has applied most of the protections of the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment.
Example:
The right to a fair trial, originally only applicable to the federal government, was applied to state governments through selective incorporation.
Shaw v. Reno (1993)
This case ruled that legislative redistricting based on race, even if intended to help minorities, must be held to strict scrutiny under the Equal Protection Clause.
Example:
If a state drew a congressional district that was unusually shaped and appeared to be designed solely to create a majority-minority district, it could be challenged under the precedent set by Shaw v. Reno.
Sixth Amendment
This amendment guarantees rights related to criminal prosecutions, including the right to a speedy and public trial, an impartial jury, and the right to counsel.
Example:
A defendant in a criminal case has the right to have a lawyer represent them, a protection guaranteed by the Sixth Amendment.
Stare Decisis
The legal principle of determining points in litigation according to precedent, meaning courts should generally follow previous judicial decisions.
Example:
When a judge cites a previous Supreme Court ruling to justify their decision in a current case, they are adhering to the principle of stare decisis.
Supremacy Clause
Article VI of the Constitution, establishing that the Constitution, federal laws, and treaties are the supreme law of the land, overriding state laws when there is a conflict.
Example:
If a state law conflicts with a valid federal law, the federal law takes precedence due to the Supremacy Clause of the Constitution.
Tenth Amendment
This amendment reserves powers not delegated to the federal government nor prohibited to the states, to the states respectively, or to the people.
Example:
State governments have the authority to establish public education systems because education is a power reserved to the states by the Tenth Amendment.
Tinker v. Des Moines (1969)
This case affirmed students' First Amendment rights in public schools, stating that students do not 'shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.'
Example:
Students wearing t-shirts with political messages to school are generally protected under their freedom of speech rights, as established in Tinker v. Des Moines, unless it causes a substantial disruption.
United States v. Lopez (1995)
This case limited Congress's power under the Commerce Clause, ruling that the Gun-Free School Zones Act exceeded federal authority.
Example:
The federal government cannot use the Commerce Clause to justify every law, as demonstrated by United States v. Lopez, which limited its reach to activities that substantially affect interstate commerce.
Wisconsin v. Yoder (1972)
The Court ruled that Amish children could not be compelled to attend public school beyond eighth grade, citing the Free Exercise Clause of the First Amendment.
Example:
A state law requiring all children to attend school until age 16 might face a challenge from a religious group arguing their Free Exercise Clause rights, similar to the situation in Wisconsin v. Yoder.