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 fourteenth amendment protected the freedom of speech through the incorporation theory Engel v. Vitale (1962)
Government directed prayer violates establishment clause
Abington ISD v Schempp (1963)
Reading religious texts in school was unconstitutional because it violated the establishment clause Epperson v. Arkansas (1968)
Restriction of teaching evolution violated establishment clause Lynch v. Donnelly (1984)
Religious display part of larger display constitutional
Allegheny County v. ACLU (1989)
O’Conner’s Endorsement Test
Cantwell v Connecticut (1940)
Morman giving speeches on corners and sharing faith door-to-door constitutionals Sherbert v. Verner (1963)
Certified free exercise clause
Wallace v. Jaffree (1985)
State endorsement of prayer activities in schools prohibited by first amendment Minersville School District v. Gobitis (1940)
Public schools could compel students to recite pledge despite religious views Gratz v. Bollinger (2003)
A university giving a curve to racial minorities during entrance exam violated equal protection clause 6.When and how did the Supreme Court come up with the idea of the “right to privacy?” 1965: Griswold v. Connecticut

Taken from the 1,3,4,5,9 amendments
7.What is Libel?
Written defamation of character
8.What is the Exclusionary Rule?
Prohibits the admission of illegally seized evidence
Mapp v. Ohio (1961)
9.What are Civil Rights?
Powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or individuals 10. What is the difference between civil liberties and civil rights? Declare what government cannot do: declare what government must do or provide 11. Where are the constitutional roots of civil liberties and civil rights found? 14th Amendment: Liberties- due process clauseRights-equal protection clause 12. Know the basic principles of the following Amendments

Thirteenth Amendment (1865)
Abolished slavery
Fourteenth Amendment (1868)
Any one born or naturalized...
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