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AP Government

Unit 3 Study Topics

1. What is the difference between civil liberties and civil rights? Right to be free from unequal
treatment based onrace, gender, religion,etc. Liberties are granted by interpretation of the Bill
of Rights
2. What is the incorporation doctrine? What is selective incorporation? Role of the 14th
Amendment in selective incorporation? Portions of the Bill of Rights, (First 10 Amendments)
applied to the states under the virtue of the Due Process Clause of the 14th Amendment. Sates
cannot create or enforce a law that violates privledges, deprive liberty and life or deny
jurisdiction to people under the equal protection of the law.
3. What are the five guarantees of the 1st Amendment? Press, religion, speech, petition, assembly,
speedy trial
4. What is the difference between the establishment clause and free exercise clause of the 1st
Amendment? Establishment clause states that the Government cannot establish an official
religion favor one over the other. Free exercise states that the Government cannot interfere
with interpretation or expression of religion as long as it is legal.
5. How does the Lemon Test work? (see Lemon v. Kurtzman, 1971)
6. What are some general restrictions on free exercise that the Supreme Court has allowed? A
person can practice their religion, but it cannot go against laws established by the land.
7. What types of speech can be restricted? Libel, terroristic threats, slander,
8. What are the three parts of the obscenity test? (See Miller v. California) Appeals to culture of
local community, shows sexual conduct, has artistic value
9. What is symbolic speech? An action supported by the first amendment representing an idea
without verbal or written action
10. Why is freedom of press so important in a democratic society? Shows equal sides of all stories
and all perspectives
11. What is prior restraint? Is it constitutional? Censorship, it is unconstitutional unless national
safety is threatened
12. Where does the right to privacy come from in the Constitution? (which amendments, and how
do they contribute to a privacy right?) 14th amendment, securing property against
unreasonable search and seizure
13. What is the difference between procedural and substantive due process? Substantive is the
regulation of actions by the state. Proceduralis the act of arresting, trying, or possibly violating
Life liberty, or Property
14. What is the exclusionary rule? Illegally obtained material cannot be used
15. What rights are guaranteed by the 4th, 5th 6th and 8th Amendments?
16. Examples of acceptable warrantless searches? Anything giving the police probable cause
17. Although the Supreme Court has never declared the death penalty to be “cruel or unusual,”
they have imposed certain restrictions on its use. What are some of those restrictions?
18. Explain the rule established by the following Supreme Court decisions: Engle v. Vitale, Wisconsin
v. Yoder, Schenck v. U.S., New York Times v. Sullivan, New York Times v. United States, Tinker v.
Demoines Independent School District, Miller v. California, Miranda v. Arizona, Gideon v.
Wainwright, Griswold v Connecticut, Roe v. Wade, Plessy v. Ferguson, Brown v. Board, Bakke v.
19. What is the purpose of the following federal statutes, amendments and proposed amendments:
1964 Civil Rights Act, 1965 Voting Rights Act, Americans With Disabilities Act, Equal Rights
Amendment, 13th, 14th, 15th, 19th and 24th Amendments?
20. Purpose and main arguments presented by Martin Luther King in the Letter from a Birmingham