AP GOV - Unit 3

Civil Liberties

Constitutionally established guarantees and freedoms protecting citizens from oppression by the government,

What does the Bill of Rights protect?

Civil Liberties, intrusion from the federal government.

Why was the Bill of Rights created?

Anti federalists stated that they would not sign for the ratification for the constitution without a Bill of Rights.

Civil Rights

Rights that give us protection from other citizens and each other. Added in several subsequent amendments to the bill of rights.

Who wrote the Bill of Rights?

James Madison. Took inspiration from George Masons Virginia Declaration of Rights and the English Magna Carta.

First Amendment

Freedom of religion, press, speech, assembly and petition

Which amendment is the free exercise clause under?

First Amendment(Freedom of religion)

Which amendment is the establishment clause under?

First Amendment(Freedom of Religion)

Which required court cases fall under the first amendment?

• Schenck v United States

• Engel v Vitale

• Wisconsin v Yoder

• Citizens United v Federal Elections Commission

• New York Times Company v United States

• Tinker v Des Moines

Second Amendment

Right to keep and bear arms

Which required court case falls under the second amendment?

Mcdonald v Chicago

Third Amendment

Banned forced quartering in citizen homes

Fourth Amendment

Protection against unreasonable search and seizure of personal property.

Fifth Amendment

Rights of citizens when they are accused of crimes.

• Right to jury indictment

• Protection against double jeopardy and self incrimination

• Right to due process and compensation when private property is taken.

Sixth Amendment

Explains how the process will go when a person is accused of a crime and explains the protections they are entitled to.

• Speedy and public trial

• Right to confront and compel witnesses

• Right to defense council

Seventh Amendment

Guarantees the right to a trial by jury

Eighth Amendment

Protects against excessive bail and cruel and unusual punishment.

Ninth Amendment

Clarifies that the Bill of Rights are not the only fundamental rights the people have(can be added on to).

Tenth Amendment

Gives states the right to do anything not outright prohibited and not given as a power to the national government by the Constitution.

Selective Incorporation

Incorporation of the bill of rights to state governments through Supreme Court rulings

Which required court cases involve selective incorporation?

Mcdonald v Chicago, Gideon v Wainwright

Establishment Clause

Congress or any government body cannot establish an official state religion/church. First amendment freedom of religion.

Free Exercise Clause

Congress or any government body may not prohibit the free exercise of a religion or an individuals right to practice their religion.

“Wall of Separation between Church and State”

Quote from a letter written by Thomas Jefferson. Separation of Church and State.

Johnson Amendment

If a church receives tax exempt status, a pastor or minister from that church cannot endorse a political candidate. Thickening of the wall between church and state.

• Put in place by President Johnson and attached to a tax bill

Which required court case was involved with the establishment clause?

Engel v Vitale

Which required court case was involved with the free exercise clause?

Wisconsin v Yoder

Thirteenth Amendment

Banned slavery and freed every slave, post civil war put in place by President Lincoln

Fourteenth Amendment

Grants citizenship to all regardless of race, color or background.

Which amendment featured the equal protections clause?

Fourteenth Amendment

Which amendment featured the due process clause?

Fourteenth Amendment

Equal Protections clause

Prohibits discrimination based on race, gender, religion. Found in the 14th Amendment of the U.S. Constitution.

Due Process clause

Protects life, liberty, property: Ensures fair treatment. Found in 5th(federal gov.) and 14th(state gov.) Amendments: Limits government power

• Procedural due process: Fair procedures in legal proceedings

• Substantive due process: Protects fundamental rights

• Incorporates Bill of Rights to states: Ensures equal protection

Fifteenth Amendment

Granted voting rights to all men regardless of race, background and past enslavement.

Nineteenth Amendment

Granted voting rights to all women

Civil Rights Act of 1964

Most comprehensive act in the prevention of discrimination. Outlawed literacy tests and discrimination in public spaces and the workplace.

Affirmative Action

Policies put into place to right the wrongs of past discrimination and bring past marginalized people on an equal playing field.

Title IX

Protected against gender discrimination in the education system(and public places/government facilities). Increased amount of women involved in school sports.

• Education amendments act of 1972

• Addition to civil rights act and Title VI(banned discrimination based on race, color and background).

Which required case involved symbolic speech?

Tinker v Des Moines

Which case involved clear and present danger?

Schenck v United States

Which case involved prior restraint?

New York Times Company v United States

Which amendment included selective incorporation?

14th amendment, due process clause

Exclusionary Rule

Any evidence that is gathered in violation of the Fourth Amendment(without warrant) will be excluded from a persons trial.

• Established in Mapp v Ohio

Miranda v Arizona

Case that incorporated the 5th amendment to the states(self incrimination).

• Miranda rights

Miranda Rights

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney, etc. etc.

• Cops are required to say this before arresting someone, established by Miranda v Arizona.

Public Safety Exception

Added to Miranda Rights by subsequent cases. If an officer was acting in favor of public safety and did not have the time to read someone their miranda rights, the evidence can still be used in court.

Which amendments did the Court establish the right to privacy as an implicit right with?

1st, 4th, 5th, 9th and 14th

Griswold v Connecticut

Case that officially established a right to privacy(contraceptives and a couple).

Which required document concerned civil rights?

Letter from a Birmingham Jail, Martin Luther King Jr

Jim Crow Laws

Enforced racial segregation in the Southern United States, legal oppression of black people after the 14th and 15th amendments were passed.

Who was Martin Luther Kings Letter from a Birmingham Jail written to(group)?

White clergymen in Arkansas who had published a newspaper article denouncing Kings protest

What was the ruling in Plessy v Ferguson?

Established legal segregation. Separate but Equal doctrine.

“Separate but Equal” Doctrine

Established in Plessy v Ferguson, stated that the separation of people in schools and public spaces was legal as long as the different facilities were equal.

Which case’s precedent overturned the Separate but Equal doctrine?

Brown v Board of Education

24th Amendment

Outlawed poll taxes

Literacy tests and poll taxes(why did states use them)

They were often a way to legally stop black people and minorities from voting.

Majority-Minority District

A voting district in which the majority of the voters are part of a minority group(Shaw v Reno)

De Jure Segregation

Racial discrimination by law(ex. Jim Crow laws)

• Dismantled in Brown v Board

De Facto Segregation

Racial segregation by personal choice(people segregating themselves).

Civil Disobedience

Intentional refusal to follow a law to call out its injustice

• Civil Rights Movement, MLK

Strict Scrutiny

Standard followed by the Supreme Court stating that the government has to show a “compelling interest” to justify unequal treatment. Difficult to meet.

Voting Rights Act of 1965

Essentially an addition onto the Civil Rights Act of 1964 focused more on voting.

Rational Basis

Court standard. Differential treatment must be shown to be reasonable and un-arbitrary.

Ex Post Facto laws

Prosecution of people who did something that was not illegal at the time they committed and was made illegal afterwards.

• BANNED by the Constitution, Article 1

Bills of Attainder

An attempt to prosecute someone without a trial.

• BANNED by the Constitution, Article 1

Writ of Habeus Corpus

Document stating reasons for an arrest

• Can be requested and granted by the court

• Constitution states that the court does not have a right to prevent a prosecuted individual from obtaining this document.

Entrapment

Encouraging someone to commit a crime they otherwise would not have committed

Eminent Domain

You are entitled to compensation if the government takes your private property. 5th amendment.

Grand Jury

A group of citizens who, based on evidence presented to them, decide whether or not someone should be tried of a criminal charge.

Libel

Untrue written statement injuring someone’s reputation(not protected by the first amendment).

Slander

Untrue spoken words injuring someone’s reputation(not protected by the first amendment).

“Miller Test”

Established in Miller v California. Test to determine whether something obscene enough to not be protected under the first amendment right to free speech.

1. Material if patently offensive

2. It is without redeeming social or artistic value

3. Application of community standards.

Federalist 84(not required)

Protection of Civil Liberties.

Argued that a Bill of Rights would be useless and harmful(by establishing a precedent that the Bill of Rights were the only fundamental civil liberties citizens, government could deny rights not listed).

• Habeus Corpus, Jury Trial, Religious Freedom

Lemon Test

Established in Lemon v Kurtzman. Tests government involvement in religious institutions.

1. Underlying Statute must have a “secular” nonreligious legal purpose

2. Effect must not advance nor inhibit religion

3. Must not foster excessive entanglement between government and religion