AP Gov Unit 4

Civil Liberties and Civil Rights

Civil Liberties

Civil Liberties

fundamental rights and freedoms of individuals that are protected by unreasonable governmental restriction

Civil Rights

government’s protection of individuals from discrimination as members of particular groups

Amendment

change to the constitution

ratification

official adoption

Bill of Rights

first 10 amendments to the constitution that protects the individual rights of citizens

Establishment Clause

protects individuals from the government requiring citizens to join or support a religion

Free exercise clause

protects the rights of individuals to exercise and express their religious beliefs

Clear and Present Danger

legal standard that speech posing an immediate and serious threat to national security is not protected by the First Amendment

Prior Restraint

occurs when the government censors or suppresses material before it is published

Espionage Act of 1917

allowed a citizen to be fined or imprisoned for speaking out against the government or the war effort

Slander

spoken lies

Libel

written lies

Symbolic Speech

images, signs, and symbols use as forms of political expressions

Procedural Due Process

standard of fairness is applied to all individuals equally

Warrant

a document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice

Probable Cause

reasonable belief that a crime has been committed or that is evident relevant to a criminal investigation

Exclusionary Rule

evidence obtained without a warrant is not admissible in a court

Grand Jury

a group of citizens who, based on evidence, presented to them, decide whether or not there is enough evidence to take the defendant to trial

Miranda Rights

rights read to someone accused of a crime that tell them they have the right to remain silent and to have an attorney present during questioning

Bail

amount of money posted as security to allow the defendant to be freed while awaiting trial

Equal Protection Clause

prohibits states from denying an person equal protection of the law

Due Process Clause

no states can deprive life liberty or property without due process of the law

Selective Incorporation

the piecemeal process through which the Supreme Court has affirmed that almost all of the protections in the Bill of Rights also apply to state governments

13th amendment

abolished slavery

14th amendment

affirmed citizenship and placed restrictions on the laws of the states

15th amendment

keeps states from discriminating voters based on race

Jim Crow Laws

enforced segregation across all aspects of daily life, including, transportation, entertainment, business and education

De jure segregation

legal segregation

de facto segregation

segregation that exists by practice and customs

Social Movements

people coming together to make social and political change with the goal of placing issues on the policy agenda

Civil Disobedience

intentionally breaking a law to protest an injustice

Civil Rights Act of 1964

authorized the federal government to withhold grants from districts that did not integrate their schools

Voting Rights Act of 1965

eliminated literacy tests, allowed federal examiners/officials to register voters (taking it out of the hands of the local governments)

Affirmative Action

designed o address the consequences to individuals based on their characteristics, such as race or gender

19th amendment

gave women the right to vote

strict scrutiny standard

government has to show a “compelling interest” to justify unequal treatment

Rational based standard

differential treatment must be shown to be reasonable and not arbitrary

Intermediate Scrutiny

falls in between the first 2 standards (mostly deals with gender discrimination)

Defense of Marriage Act (DOMA)

passed by congress in 1996

• for purpose of federal law- marriage meant a legal union between man and woman

• reaffirmed power of states to make their own decisions about marriage laws

Restrictions on Obscenity and Pornography

words, images, or videos,that depict sexual activity in an offensive manner and that lack any artistic merit.

Time, place, and manner

governments may impose reasonable restrictions on time, place, or manner of protected speech

• imposing limits on the noise level of speech

• capping the # of protesters

• banning early morning/late evening protests

• requiring protesters to obtain a permit

Engel v Vitale

cannot have prayer in school because it goes against the establishment clause

Wisconsin v Yoder

the Court prioritized free exercise of religion over the state interest in an educated populace

Schenck v United States

Supreme Court decision upheld the Espionage Act of 1917 and concluded that a defendant did not have a first amendment right to express freedom of speech against he draft during World War 1 (clear and present danger)

New York Times v United States

Defended the first amendment right of free press, against prior restraint by the government. The pentagon papers could be published without risk of government censorship or punishment because there was no clear and present danger.

Tinker v Des Moines

Cemented student’s rights to free speech in public schools. Symbolic speech is protected under the first amendment.

Gideon v Wainwright

The 6th amendment guarantees a right to assistance of counsel for criminal defendants in state courts by way of 14th amendment

Plessy v Ferguson

enshrined the doctrine of “separate but equal” as a constitutional justification for segregation on public transport and in public places

Brown v Board of Education

Supreme Court decided that racial segregation is unconstitutional in public schools, overruled the separate but equal doctrine

Griswold v Connecticut

Court overturned a Connecticut law that was passed in 1873, which prohibited the provision of contraceptives and medical advice about birth control

Privacy includes the right to contraceptives

Roe v Wade

A woman’s right to an abortion was implicit in the right to privacy, which is protected by the 14th amendment

Dobbs v Jackson Women’s Health

Mississippi argued that the constitution does not provide a right to an abortion

abortions are not deeply rooted in US history

overturned Roe v Wade

US v Windsor

SCOTUS rules that classifying only opposite-sex marriages as legal under federal law as unconstitutional

validated state - recognized same-sex marriages for federal purposes

allowed states to reject same-sex marriage license from other states

Obergefell v Hodges

SCOTUS decision: citing a right to privacy which links to the right to liberty. Marriage is a fundamental right. Same-sex marriage is protected under the due process clause of the 14th amendment

• legalized same-sex marriages nationwide

DC v Heller

the court overturned an individual handgun ban in DC - second amendment rights

this did not apply to states because DC is not a state; its a territory

McDonald v Chicago

Chicago had a hand gun ban in the city. Mr. Mcdonaldwas a community activist trying to clean up his neighborhood and had been threatened multiple times

• he argued he needed a gun to protect himself

• 5-4 decision, the court ruled for McDonald, incorporating the 2nd amendment (right to bear arms)

• Preamble

• 7 articles

  • 1. powers of legislative branch

  • 2. powers of executive branch

  • 3. powers of judicial branch

  • 4. states rights

  • 5. how to make an amendment

  • 6. supremacy clause

  • 7. signatures

Sections of the US Constitution

1st amendment

freedom of speech, religion, assembly, press, petition

2nd amendment

• right to bear arms

• states can form militias

3rd amendment

no quartering of soldiers without consent

4th amendment

protection against unreasonable searches and seizures

5th amendment

• double jeopardy

• self-incrimination

• grand jury

• due process of law

6th amendment

• impartial jury

• speedy and public trial

• miranda rights

7th amendment

trial by jury for civil cases involving $20 or more

8th amendment

prohibits excessive bail and cruel and unusual punishment

9th amendment

all the rights not listed in the Constitution belong to the people, not the government

10th amendment

the Federal Government only has those powers delegated in the Constitution. If it isn't listed, it belongs to the states or to the people

11th amendment

places limits on an individuals rights to sue states

12th amendment

VP and Prez on the same ballot

13th amendment

abolished slavery

14th amendment

defines citizenship, all people born or naturalized in the US

• due process clause

• equal protection clause

15th amendment

cannot discriminate voters on basis of race

16th amendment

established federal income tax

17th amendment

people directly elect US senators

18th amendment

prohibits sale and distribution of alcohol

19th amendment

gave women the right to vote

20th amendment

establishes when the presidential and congressional terms begin and end

21st amendment

repealed the 18th amendment

22nd amendment

presidents limited to 2 terms

23rd amendment

allowed residents of Washington DC to vote in presidential elections

24th amendment

bans poll taxes

25th amendment

establishes presidential line of succesion

26th amendment

lowered voting age from 21 to 18

27th amendment

if congress votes itself a raise, that increase cannot take effect until after the next election

Establishment and Free exercise clause

• recognizes our right to believe and practice our faith, or not

• the government cannot establish a national religion

Limitation on Freedom of Expression and Speech

-restriction on obscenity and pornography

-regulating time, place, and manner

• imposing limits on the noise level of speech

• capping the number of protesters

• banning early morning/late evening protests

• requiring protesters to obtain a permit

Rights of the Accused

protection for defendants or those accused of acrime are found under the 4th, 5th, 6th and 8th amendments

(Courts are required apply procedural due process to all individuals)

Civil Rights Amendments (Reconstruction Amendments)

13th - abolished slavery

14th affirmed citizenship and placed restriction on the laws of the states

15th - keeps states from discriminating voters based on race

Significance of the Due Process Clause and Establishment Clause

• prohibits states from depriving any person of life, liberty, or process without due process of law

• prohibits the government from establishing a religion

Montgomery Bus Boycott

Following the arrest of Jo Ann Robinson, community leaders organized a boycott of the buses in Montgomery

• lasted a little over year and ended with the 1965 Supreme Court decision declaring any law requiring racially segregated seating on buses violated the 14th amendment

Birmingham Campaign

forced desegregation in Birmingham and directly paved the way for the Civil Rights Act of 1964.

Purpose and Importance of Letter from Birmingham Jail

• addresses the criticism directed towards his campaign and points out that injustice is an acceptable reason for civil disobedience

• defends the protest movements on the basis of natural rights drawing a distinction between just and unjust laws

• lists the grievances and injustices and the evidence that led to his actions

• asserts the white moderate is a severe obstacle to justice

Significance of Civil Rights Act of 1964

authorized the federal government to withhold grants from districts that did not integrate their schools

• outlawed racial segregation in schools and public places and authorized the attorney general to sue individual school districts that failed to desegregate

• outlawed employment discrimination based on race, ethnicity, religion, gender, or nation origin.

Significance of Voting Rights Act of 1965

eliminated literacy tests

• allowed the federal government examiners to register voters

• percentage of black voters increased 3x in the south

Significance of National Organization for Women

a women’s rights advocacy group that pushed fro change in both the legislature and Supreme Court

• initially organized to pressure the federal government to enforce federal anti-discrimination laws

• goals became bigger - wanted to bring women into full participation in the USA

• wanted to be equal to men

Title VII

prohibits employment discrimination based on race, color, religion, gender

• focused on making sure women were treated equally in the workplace

Title XI

part of education act passed in 1972

• applies to curriculum, health care, and residential life

• provides equal funding to both male and female sports

• impact: fewer than 300000 girls played high school sports in 1974, now more than 3.1 million girls are playing high school sports

Significance of Defense of Marriage Act (DOMA)

passed by congress in 1996

• for purpose of federal law- marriage meant a legal union between man and woman

• reaffirmed power of states to make their own decisions about marriage laws

Significance of US v Windsor

the significance was that scotus rules that classifying only opposite-sex marriages as legal under federal law is unconstitutional

• allowed states to reject same-sex marriage license from other states

Significance of Obergefell v Hodges

Significance was that same-sex marriags are protected under the due process clause of the 14th amendment and marriage is a fundamental right that is linked to the right of privacy which is linked to the right to liberty