AP Gov Unit 3

Civil liberties

individual personal freedoms

Bill of Rights

first 10 amendments to constitution, protects individual personal liberty by limiting the federal government

1st amendment

freedom of religion, speech, press, and assembly

2nd amendment

right to bear arms

3rd amendment

no quartering of troops

4th amendment

no unreasonable searches and seizures

5th amendment

due process, double Jeopardy, right to remain silent, self- incrimination

6th amendment

speedy, public trial by jury (criminal)

7th amendment

speedy public trial by jury (civil)

8th amendment

no cruel or unusual punishment

9th amendment

unenumerated rights of people

10th amendment

establishes federalism

14th amendment

• included due process clause

• state can’t deprive a person of life, liberty, or property without due process of a law

• gives birth to selective incorporation

Selective incorporation

bill of rights has been applied to the states on a case-by-case basis

Engel v Vitale

• Banned state sponsored public school prayer, even if participation is voluntary

• Said that this violated the establishment clause, promoting religious belief

free exercise clause

the right to practice the religion of your choice

Wisconsin v Yoder

Compelling Amish students to attend public school beyond 8th grade violates the free exercise clause

Schenck v U.S.

• Court upheld a congressional law that prohibited speech intended to harm the war effort

• speech that creates a clear and present danger can be banned

• there can be a time, place, and manner restrictions on speech

Tinker v Des Moines

Students have free speech, symbolic speech is pure speech, therefore the black arm bands were protected

New York Times v US

• Bolstered freedom of the press, preventing Nixon administration from blocking publication of classified documents

• heavy presumption against censorship, even when national security is involved

McDonald v Chicago

incorporated an individual right to bear arms

exclusionary rule

illegally obtained evidence may not be used in a trial

Miranda rule

suspects have to be informed of their 5th and 6th amendment rights

Gideon v Wainwright

incorporated the 6th amendments right to an attorney, forcing states to provide defendants with an attorney if they can’t afford one

Roe v Wade

established and incorporated a right to an abortion based on the right of privacy

Civil rights

protection of groups of people from discrimination

equal protection clause

told states they couldn’t treat people differently under the law

Letter from Birminhgham Jail

demands fulfillment of declaration and constitution for African-Americans

Brown v Board of Education

racially segregated public schools violate the 14th amendment and equal protection clause

Civil Rights Act of 1964

banned discrimination based on race, sex, color, religion, or national origin in public accommodations or employment

Voting Rights Act of 1965

banned literacy tests and other obstacles to vote

Affirmative action

preferential hiring and admission policies for minorities