Final Exam Study Guide
American Government Review for the Final Exam
1.What is the Incorporation Theory?
The protections of the Bill of Rights applies to state governments through the 14th amendment’s due process clause
Gitlow v. New York- 14th amendment protected freedom of speech
2.What are the three prongs of the Lemon Test?
1. Must serve secular purpose
2. Must serve a primary effect that neither advances nor inhibits religion
3. Must foster no excessive entanglement between church and state
3.Who developed the “Endorsement Test” and to what is it applied?
Justice O’Conner
If a reasonable observer could observe that religion is not being endorsed by the state
Allegheny County v. ACLU (1989)
4.When may the government restrain the free exercise of religion?
When they interfere with public policy
5. Know the significance of the following court cases:
NY Times v. U.S. (1971)
Federal government cannot inhibit the release of press materials; no prior restraint
Texas v Johnson (1989)
Government cannot inhibit symbolic speech
Schenck v. U.S. (1919)
Justice Oliver Wendell Holmes formulated clear and present danger test; limit on permissible speech
Griswold v. Connecticut (1965)
Established right to privacy
Miranda v. Arizona (1966)
Requires police to inform suspects of their rights; established Miranda rights
Dred Scott v Sandford (1857)
Ruled that African Americans were not legal U.S. citizens and that no legal right to sue in court
Plessy v Ferguson (1896)
Upheld state-imposed racial segregation, based of separate-but-equal doctrine
Smith v Allwright (1944)
Found all white primaries unconstitutional
Brown v Board of Education of Topeka (1954)
Segregation of students in public schools violates the equal protection clause
Lawrence v Texas (2003)
Found sodamy laws unconstitutional, overturned Bowers v. Hardwich (1986) ruling
Barron v. Baltimore (1833)
Bill of Rights only applies to Federal Government
Gitlow v. New York (1925)
The court held that the
1.What is the Incorporation Theory?
The protections of the Bill of Rights applies to state governments through the 14th amendment’s due process clause
Gitlow v. New York- 14th amendment protected freedom of speech
2.What are the three prongs of the Lemon Test?
1. Must serve secular purpose
2. Must serve a primary effect that neither advances nor inhibits religion
3. Must foster no excessive entanglement between church and state
3.Who developed the “Endorsement Test” and to what is it applied?
Justice O’Conner
If a reasonable observer could observe that religion is not being endorsed by the state
Allegheny County v. ACLU (1989)
4.When may the government restrain the free exercise of religion?
When they interfere with public policy
5. Know the significance of the following court cases:
NY Times v. U.S. (1971)
Federal government cannot inhibit the release of press materials; no prior restraint
Texas v Johnson (1989)
Government cannot inhibit symbolic speech
Schenck v. U.S. (1919)
Justice Oliver Wendell Holmes formulated clear and present danger test; limit on permissible speech
Griswold v. Connecticut (1965)
Established right to privacy
Miranda v. Arizona (1966)
Requires police to inform suspects of their rights; established Miranda rights
Dred Scott v Sandford (1857)
Ruled that African Americans were not legal U.S. citizens and that no legal right to sue in court
Plessy v Ferguson (1896)
Upheld state-imposed racial segregation, based of separate-but-equal doctrine
Smith v Allwright (1944)
Found all white primaries unconstitutional
Brown v Board of Education of Topeka (1954)
Segregation of students in public schools violates the equal protection clause
Lawrence v Texas (2003)
Found sodamy laws unconstitutional, overturned Bowers v. Hardwich (1986) ruling
Barron v. Baltimore (1833)
Bill of Rights only applies to Federal Government
Gitlow v. New York (1925)
The court held that the