AP GOV UNIT 3: Civil Liberties and Civil Rights

Civil Liberties

Constitutionally established guarantees and freedoms that protect citizens against arbitrary government interference.

Federalists

In favor of a more powerful central government.

Antifederalists

In favor for more powerful states.

George Mason

Antifederalist who protested ratification of the Constitution without a Bill of Rights.

Balance of Religious Freedom

Always between the religious practice of the majority and the free practice of minority religious groups.

Establishment Clause

Prohibits Congress from establishing a national church, 1st Amendment

Free Exercise Clause

Protects the rights of citizens to practice religion without interference for the government.

Johnson Amendment

Pastors and priests cannot endorse political candidates if a church has a tax-exempt status.

Engel v. Vitale

Optional non-secular prayer in schools was ruled a violation of the Establishment Clause, ruled that state-sponsored prayer was unconstitutional.

Wisconsin v. Yoder

Amish families complained that Wisconsin law violated the Free Exercise clause to practice their religion and the court agreed.

Tinker v. Des Moines

Students wore arm bands to school to protest the Vietnam War. They got arrested and the Court ruled that the student’s 1st Amendment rights had been violated.

How does the Court decide free speech cases?

1. Time, Place, and Manner Regulations

2. Defamatory, Offensive, and Obscene Speech Regulations

3. Clear and Present Danger Rules

Schenck v. United States

Charles Schenck made pamphlets telling people to resist the draft. He got convicted and the Court ruled that his conviction was constitutional and no violation to free speech occurred because it incited unlawful action.

Prior Restraint

When the government tries to restrain a story prior to its publication.

New York Times v. The United States

Classified documents from the Vietnam War had been leaked to the NYT that showed that the president had lied. The Court ruled prior restraint couldn’t be used because Nixon wanted to protect his personal image, not national security.

Individual Freedom vs. Public Safety: 8th Amendment

(cruel and unusual punishment)

Individual freedom was chosen when the death penalty was ruled against, and public safety was chosen when the death penalty had been reinstated under special circumstances.

Individual Freedom vs. Public Safety: 2nd Amendment

(right to bear arms)

Individual freedom was chosen in DC v. Heller, allowing gun ownership in DC. Public safety was chosen through executive order after mass shootings.

Individual Freedom vs. Public Safety: 4th Amendment

(unreasonable search and seizure)

Public safety was chosen through the Patriot Act after 9/11 which allowed the federal government to look through personal data. After, the public began fighting for the individual freedom of security.

Selective Incorporation

The process by which the Bill of Rights is applied to the states.

14th Amendment

States are not allowed to infringe on the rights of its citizens.

McDonald v. Chicago

Chicago had a law requiring all handguns to be registered, but the city had rejected all attempts at registration. The Court ruled that if the Second Amendment allowed DC residents to own handguns, it should be that way for the states.

Selectively Incorporated Amendments

1st, 2nd, 4th, 5th, 6th, and 8th Amendments

5th Amendment

No person shall be deprived of life, liberty, or property without due process of law.

4th Amendment

Protects against unreasonable search and seizure

Exclusionary Rule

Any evidence gathered in violation of the 4th amendment (without a proper warrant) will be excluded from a person’s trial.

6th Amendment

Guarantees the right to a fair trial, including the right to counsel and to confront witnesses.

Gideon v. Wainwright

Gideon was arrested and tried in a Florida court, but wasn’t given a lawyer. When he appealed, the Court incorporated the right to a lawyer into the states.

Right to Privacy

The Court established the right to privacy as an implicit right based on the 1st, 4th, 5th, 9th, and 14th Amendments.

Roe v. Wade

Jane Roe appealed to the Supreme Court when she was restricted from an abortion in Texas, arguing it went against her right to privacy. The Court ruled in her favor, overturning abortion laws in all states.

Civil Rights Movements

Ensures that every American regardless of sex, religion, or race has equal access to the civil liberties.

Letter From a Birmingham Jail

A letter written by Martin Luther King Jr. in 1963, responding to criticisms of his nonviolent protests and advocating for civil rights and justice.

Brown v. Board of Education

A landmark Supreme Court case in 1954 that declared racial segregation in public schools unconstitutional, stating that "separate but equal" facilities are inherently unequal.

Civil Rights Act

Made it illegal to discriminate against anyone on the basis of race.

Voting Rights Act

Made it illegal to discriminate against voters by removing poll taxes and literacy tests.

Title IX

Prohibited sex-based discrimination in any school or education program receiving federal funding, promoting gender equality in education.

Majority-Minority District

A voting district where the majority of the constituents are from a minority group.

Shaw v. Reno

North Carolina drew two districts to increase the chances of a black representative. The Court ruled against it, stating that districts drawn only by race set a dangerous precedent.

Affirmative Action

Policies that have been enacted that favor groups that have been historically discriminated against.

De Jure Segregation

Legal separation of racial groups enforced by law.

De Facto Segregation

Separation of groups that occurs without legal enforcement, often as a result of social, economic, or cultural factors.