AP US Gov - Advanced Constitutional Law & Civil Liberties

Front

Distinguish between the 'Establishment Clause' and the 'Free Exercise Clause' interaction using *Lemon v. Kurtzman*.

Back

The Establishment Clause prohibits government sponsorship of religion, evaluated via the *Lemon Test*: purpose must be secular, primary effect neither inhibits nor promotes religion, and no excessive entanglement. The Free Exercise Clause allows religious practice, but is not absolute; it yields to neutral, generally applicable laws (per *Employment Division v. Smith*). Tension arises when government regulation burdens religious practice without establishing a religion.

Front

Explain the 'Exclusionary Rule' and its primary exception, the 'Good Faith Exception' (*United States v. Leon*).

Back

The Exclusionary Rule prevents evidence obtained in violation of the Fourth Amendment from being used in court. The 'Good Faith Exception' allows evidence obtained by officers acting in reasonable reliance on a search warrant that is later found to be defective, provided the officer's reliance was objective and reasonable. This exception aims to deter police misconduct without penalizing the judiciary for magistrate errors.

Front

Compare 'De Jure Segregation' and 'De Facto Segregation' regarding constitutional remedies.

Back

De Jure Segregation is racial separation enforced by law (explicitly unconstitutional under the 14th Amendment's Equal Protection Clause per *Brown v. Board*). De Facto Segregation results from private choices, socioeconomic factors, or housing patterns, not explicit law. While De Jure requires active redress (like busing), the Supreme Court has restricted remedies for De Facto segregation, limiting federal judicial power in cases like *Milliken v. Bradley* (1974).

Front

Define 'Strict Scrutiny' and contrast it with the 'Rational Basis Test'.

Back

Strict Scrutiny applies to suspect classifications (race, religion, national origin) and fundamental rights. The government must prove the law is 'narrowly tailored' to serve a 'compelling state interest.' Rational Basis applies to non-suspect classifications (like age or economic regulation); the law need only be 'rationally related' to a 'legitimate state interest.' Rational Basis is highly deferential to the legislature, while Strict Scrutiny is often called 'strict in theory, fatal in fact.'

Front

Analyze the impact of *Gitlow v. New York* on the Bill of Rights.

Back

The *Gitlow* (1925) case marked the beginning of the 'Incorporation Doctrine' using the 14th Amendment's Due Process Clause. While the defendant lost his case, the Court ruled that the First Amendment freedom of speech applies to state laws via the 14th Amendment. This shifted the Bill of Rights from only limiting the federal government to also restricting state governments.