AP Gov Unit 3: Civil Liberties and Civil Rights

Affirmative action

a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race or gender. It is frequently utilized in education and employment arenas.

Civil liberties

basic rights and freedoms guaranteed to individuals by law, typically cannot be taken by the government, encompassing areas such as freedom of speech, religion, and privacy.

Civil rights

protections of individuals against discrimination on the basis of characteristics such as race, national origin, religion, and gender; guaranteed under the Due Process clause and Equal Protection Clause, as well as by various acts of Congress.

Clear and present danger doctrine/test

judicial interpretation of Amendment 1 that government may not ban speech unless such speech poses an imminent threat to society or national security (for example, Schenck v. US established you can't yell 'fire' in a crowded movie theater); this was further updated via Brandenburg v. Ohio in 1969 in which advocacy of illegal activity is protected unless it could result in directly inciting imminent lawless action.

Defamatory speech

unprotected speech that is false and reputation-damaging (can come in the form of either libel or slander); defamation is the use of such speech

De facto segregation

segregation "by fact," i.e., segregation that results from such factors as housing patterns rather than law.

De jure segregation

segregation by law, i.e., segregation that is required by government.

Due process clauses (5th and 14th)

Typically refers to the clause in the 14th Amendment that restricts state governments from denying citizens their rights without legal safeguards (due process). This clause is used to incorporate the Bill of Rights to the States, beginning with Gitlow v. New York in 1925 (incorporating speech/press). The 5th Amendment contains the Due Process clause that prevents the federal government from denying rights (and is the clause that Barron tried to use to sue Baltimore, but failed as it was interpreted as not applying to the states).

Equal protection clause

14th Amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination.

Establishment clause

provision of First Amendment that prohibits Congress from establishing and/or requiring participation in an official state religion. This is the basis for separation of church and state.

Exclusionary rule

Supreme Court guideline that excludes the use of illegally obtained evidence (without a warrant) in a criminal trial.

Free exercise clause

provision of First Amendment stating that Congress may not prevent individuals from expressing and exercising their religious beliefs (within reason--human sacrifice can be prevented).

Grandfather clause

Southern laws that excluded blacks from exercising suffrage by restricting the right to vote only to those whose grandfathers had voted before 1865.

Selective Incorporatioon

using the Due Process Clause of the Fourteenth Amendment to apply the Bill of Rights to the states in a piece-by-piece (selective) manner. "Total incorporation" would require states to obey all provisions of the Bill of Rights because of the due process clause of the 14th Amendment. While most of the Bill of Rights has been incorporated, there are still clauses that have not been applied to the states (such as the 3rd amendment).

Jim Crow laws

Southern laws that required racial segregation in places of public accommodations.

Libel

written untruths that damage a reputation.

Literacy test

Southern method of excluding blacks from exercising suffrage by requiring that voters prove their ability to read and write.

Majority-Minority districts

an electoral district (such as a House district) in which the majority of the constituents in the district are members of racial or ethnic minority groups.

Miranda warnings/Miranda Rule (6th Amendment)

warnings that must be read to suspects prior to a custodial interrogation (when the suspect is not free to leave and is about to be questioned by police). Suspects must be advised that they have the rights of silence and counsel. Established by SCOTUS in Miranda v. Arizona

Obscene speech

unprotected speech that is sexual, offensive, and lacking in social (literary, artistic, political, or scientific) value, as articulated by the SCOTUS in Miller v. CA.

Plea bargain

arrangement in which a suspect pleads guilty to a lesser offense in order to avoid a trial. The manner in which most cases are disposed of.

Police powers

powers that allow states to pass laws protecting the health, welfare, safety, and morals of their residents.

Poll tax

Southern method of excluding blacks from exercising suffrage by requiring payment of a tax prior to voting.

Prior restraint

The suppression of expression before it is made, e.g., prohibiting a demonstration by a radical group because the assembly is likely to become violent or preventing the NYT from publishing the Pentagon Papers. There is a heavy burden to prove the need for prior restraint, and therefore, its use is presumed to be unconstitutional.

Public safety exception

An exception to the Miranda Rule articulated by the SCOTUS in New York v. Quarles, which permits law enforcement to engage in a limited and focused unwarned interrogation and allows the government to introduce the statement as direct evidence.

Racial gerrymandering

drawing of legislative boundaries to give electoral advantages to a particular racial group. "Majority-minority" districts include large numbers of racial minorities in order to ensure minority representation in legislatures.

Sedition

advocacy of the overthrow of the government.

Separate but equal

Supreme Court doctrine established in a case of Plessy v. Ferguson. Allowed state-required racial segregation in places of public accommodations as long as the facilities were equal (This era became known as the Jim Crow Era, and typically, facilities were not equal).

Shield laws

state laws that protect journalists from having to reveal their sources.

Slander

spoken untruths that damage a reputation.

Strict scrutiny

Supreme Court guideline for determining if government can make racial distinctions. According to this guideline, such distinctions are highly suspect and are allowed only if they are narrowly tailored to serve a compelling government interest.

Symbolic Speech

expression by conduct rather than spoken word, ex: armbands, signs, marching, flag burning

Time-Place-Manner restrictions

reasonable, content-neutral limits that the government may place on First Amendment expression IF (in general) the limits: serve an important objective (not involving the suppression of speech) and are narrowly tailored and that there remain ample alternative means of communication. (a la "You can't assemble in your neighbor's backyard pool without her permission"). Restrictions such as limits on the time of day an event can be held, and limits on where an event can be held, and limits on the noise levels at an event can be imposed.(Since these restrictions are content-neutral, they are subjected to intermediate scrutiny rather than strict scrutiny.)

Writ of habeas corpus

a document setting out the reasons for an arrest or detention.

Bill of Rights

The first ten amendments to the US Constitution that list fundamental rights and freedoms individuals possess.

Freedom of Expression

a fundamental right affirmed in the First Amendment to speak, publish, and protest

ex post facto laws

laws criminalizing conduct that was legal at the time it occurred--DENIED via the Constitution

Bill of Attainder

a law passed by Congress punishing an individual without a trial--DENIED via the Constitution

Procedural Due Process

A judicial standard requiring that fairness be applied to all individuals equally

Warrant (4th amendment)

a document issued by a judge authorizing a search or an arrest

Probable Cause (4th Amendment)

reasonable belief that a crime has been committed or that there is evidence of criminal activity

Grand Jury (5th amendment)

a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted on criminal charges and subsequently tried in court

Double Jeopardy (5th Amendment)

protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction (Emmet Till's killers could not be retried after they admitted their guilt--if they had been accused of another murder, however, that is a separate crime and they could've been tried)

Bail (8th amendment)

an amount of money posted as a security to allow the charged individual to be freed while awaiting trial.

13th Amendment

an amendment to the Constitution prohibiting slavery (except as punishment for a crime) within the United States

14th Amendment

an amendment to the Constitution passed in 1868 granting citizenship to all persons born or naturalized in the US and placing restrictions on state laws that sought to abridge the privileges and immunities of citizens of the United States (due process and equal protections clauses are used to incorporate the Bill of Rights)

Fifteenth Amenndment

an amendment to the Constitution passed in 1870 extending suffrage to black men

Civil Rights Act of 1964

1964; banned discrimination in public acomodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal

Voting Rights Act of 1965

legislation outlawing literacy tests and authorizing the Justice Department to send federal officers to register voters in uncooperative cities/counties/states.

19th Amendment

Extended suffrage to women in 1920.

Title IX of Education Act of 1972

legislation prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in sports programs

Substantive Due Process

certain fundamental rights are inherent to individuals and cannot be deprived by the government without a compelling reason

First Amendment

Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to CIVIL LIBERTIES, including the freedom of religion, speech, press, assembly, and petition.

Lemon Test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

Right to Privacy

The right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the First, Third, Fourth, Ninth, and Fourteenth Amendments.

Equal Rights Amendment (ERA)

Proposed amendment tot he US Constitution that states "Equality of rights under the law shall not be denied or abridged by the US or any state on account of sex". It passed Congress with the necessary 2/3 votes in 1972, but failed to pass 3/4 of the states by the deadline inserted into the bill. As of 2020, counting states that have since passed it, it is possible the 3/4 threshold has been met. However, many questions still exist as to whether states that rescinded their passage of the law should be counted, and if the deadline (now 30 years ago) was valid.

Suspect Classification

category or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court

Griswold v. Connecticut, 1965

Supreme Court decision in which the Court ruled that the Constitution implicitly guarantees citizens' right to privacy.

Dobbs v. Jackson Women's Health Organization (2022)

Supreme Court decision that overturned Roe v. Wade and said abortion is not protected by the Constitution. This decision returned abortion regulatory power back to the states.