AP®︎ U.S. Government & Politics: Topic 3.6 Flashcards

Master key terms and definitions for Topic 3.6 of AP U.S. Government & Politics – Amendments: Balancing Individual Freedom with Public Order and Safety to help you prep for quizzes and the AP exam.


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Term

Cruel and Unusual Punishments Clause (Eighth Amendment)

Definition

Prohibits punishments that are cruel and unusual, including penalties or sentencing practices the Supreme Court finds impermissible in type, proportionality, application, or administration

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Cruel and Unusual Punishments Clause (Eighth Amendment)
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Prohibits punishments that are cruel and unusual, including penalties or sentencing practices the Supreme Court finds impermissible in type, proportionality, application, or administration

LO 3.6.AEK 3.6.A.1
Evolving Standards of Decency
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The principle that the Eighth Amendment may be interpreted according to contemporary standards of acceptable punishment rather than only standards at ratification

LO 3.6.AEK 3.6.A.1
Furman v. Georgia (1972)
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Invalidated the death sentences before the Court amid concerns that broad, unguided discretion made capital punishment arbitrary, unpredictable, and discriminatory, temporarily halting executions without declaring the death penalty inherently unconstitutional

LO 3.6.AEK 3.6.A.1
Gregg v. Georgia (1976)
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Upheld a revised death penalty law using separate guilt and sentencing proceedings, aggravating circumstances, and automatic review, allowing executions to resume

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Atkins v. Virginia (2002)
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Held that executing people with intellectual disabilities violates the Eighth Amendment

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Roper v. Simmons (2005)
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Held that a person may not be executed for a crime committed before age 18

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Kennedy v. Louisiana (2008)
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Held the death penalty disproportionate for the rape of a child when the victim did not die and death was not intended

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Second Amendment
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Protects an individual right to keep and bear arms, especially for lawful self-defense, while permitting some government firearm regulation

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District of Columbia v. Heller (2008)
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Held that the Second Amendment protects an individual right, independent of militia service, to possess an operable handgun for lawful self-defense in the home

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McDonald v. Chicago (2010)
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Applied the individual Second Amendment right to state and local governments through the Fourteenth Amendment and invalidated Chicago’s handgun ban

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Fourth Amendment
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Protects against unreasonable government searches and seizures and requires warrants to rest on probable cause and particularly describe what may be searched or seized

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Reasonable Expectation of Privacy
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A privacy interest whose government violation can constitute a Fourth Amendment search even without physical trespass

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Digital Metadata
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Information about communications, such as participants, time, duration, routing, location, or associations, rather than necessarily their substantive content

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Smith v. Maryland (1979)
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Held that recording dialed telephone numbers with a pen register was not a Fourth Amendment search because the caller conveyed them to the phone company

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Carpenter v. United States (2018)
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Held that obtaining extensive historical cell-site location records is a Fourth Amendment search that generally requires a warrant supported by probable cause

LO 3.6.AEK 3.6.A.2