AP Gov Unit 3 Monster Vocab + Civil Rights & Liberties Study Guide

Selective Incorporation

The process by which the Bill of Rights has been applied to the states on a case-by-case basis through the Fourteenth Amendment.

Civil Liberties

The right of people to be protected from government abuse according to the Bill of Rights.

Slander (Libel)

Spoken (written) false statements that damage a person's reputation.

Civil Rights

Rights that guarantee individuals freedom from discrimination according to the 14th Amendment.

Affirmative Action

An action designed to overcome the effects of discrimination.

Establishment Clause

The 1st Amendment's ban on laws establishing or favoring a religion.

Free Exercise Clause

The 1st Amendment clause that states the government cannot prohibit the practice of religion.

Due Process

The right that forbids the government from denying "life, liberty, or property" without the legal process of fair trials, etc., as stated in the 5th and 14th Amendments.

Equal Protection Clause

The 14th Amendment clause that forbids states from denying equal protection of the law, thus prohibiting discrimination.

Exclusionary Rule

The idea established in Mapp v. Ohio that evidence that is illegally obtained cannot be used in a trial.

School Prayer (Engel v. Vitale, 1962)

Ruled that state-sponsored, non-denominational prayer in public schools violates the Establishment Clause, even if participation is voluntary.

Clear and Present Danger Test

Standard established in Schenck v. United States (1919) allowing speech to be restricted if it poses an immediate, serious threat to national security or public order (later replaced by the Brandenburg "imminent lawless action" test).

Obscenity

Unprotected speech determined by the Miller Test (appeals to prurient interest, patently offensive under state law, and lacks serious literary, artistic, political, or scientific value).

Regents of the UC v. Bakke (1978)

Supreme Court case that upheld affirmative action by allowing race to be considered as one factor in college admissions to promote diversity, while striking down strict racial quotas.

Title IX (1972)

Federal civil rights law prohibiting sex-based discrimination in any school or education program that receives federal funding.

Civil Rights Act of 1964

Landmark federal law outlawing discrimination based on race, color, religion, sex, or national origin in public accommodations, employment, and federally funded programs.

Heart of Atlanta Motel v. United States (1964)

Upheld the Civil Rights Act of 1964, ruling that Congress can use the Interstate Commerce Clause to prohibit racial discrimination in private businesses that serve interstate travelers.

Voting Rights Act of 1965

Landmark federal law banning racial discrimination in voting, outlawing literacy tests, and requiring federal "preclearance" for jurisdictions with a history of voter suppression.

Shelby County v. Holder (2013)

Struck down Section 4(b) of the Voting Rights Act (the coverage formula used to determine which states needed federal preclearance to change voting laws), rendering Section 5 preclearance unenforceable.

Obergefell v. Hodges (2015)

Ruled that the fundamental right to marry is guaranteed to same-sex couples under both the Due Process Clause and the Equal Protection Clause of the 14th Amendment.

Letter from Birmingham Jail (MLK Jr., 1963)

Martin Luther King Jr.'s foundational civil rights document arguing that citizens have a moral duty to break unjust laws through nonviolent direct action and that "justice too long delayed is justice denied."

1st Amendment

Protects five basic freedoms: religion (Establishment and Free Exercise Clauses), speech, press, assembly, and petition.

2nd Amendment

Protects the right of the people to keep and bear arms (incorporated against the states in McDonald v. Chicago).

3rd Amendment

Prohibits the forced quartering of soldiers in private homes during peacetime without the owner's consent.

4th Amendment

Protects against unreasonable searches and seizures and requires warrants to be supported by probable cause.

5th Amendment

Guarantees grand jury indictment for capital crimes, protection against double jeopardy, protection against self-incrimination, due process of law, and just compensation for eminent domain.

6th Amendment

Guarantees rights in criminal prosecutions: a speedy and public trial, an impartial jury, notice of charges, confrontation of witnesses, and legal counsel (Gideon v. Wainwright).

7th Amendment

Guarantees the right to a jury trial in federal civil cases exceeding twenty dollars.

8th Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishment.

9th Amendment

Clarifies that the enumeration of specific rights in the Constitution does not deny or disparage other unenumerated rights retained by the people.

14th Amendment

Grants citizenship to all persons born or naturalized in the U.S. and guarantees equal protection of the laws and due process at the state level (the vehicle for selective incorporation).

19th Amendment

Prohibits the federal and state governments from denying the right to vote on the basis of sex (ratified in 1920).

SCOTUS 15: Marbury v. Madison (1803)

Established the principle of judicial review, empowering the Supreme Court to strike down laws and executive actions deemed unconstitutional.

SCOTUS 15: McCulloch v. Maryland (1819)

Upheld the constitutionality of the Second Bank of the United States using the Necessary and Proper Clause (implied powers) and established federal supremacy over states via the Supremacy Clause.

SCOTUS 15: Schenck v. United States (1919)

Ruled that speech creating a "clear and present danger" is not protected by the 1st Amendment, upholding espionage convictions for anti-draft leaflets during WWI.

SCOTUS 15: Brown v. Board of Education (1954)

Overturned Plessy v. Ferguson, ruling that racial segregation in public schools violates the 14th Amendment's Equal Protection Clause ("separate is inherently unequal").

SCOTUS 15: Baker v. Carr (1962)

Held that legislative redistricting is a justiciable issue under the 14th Amendment's Equal Protection Clause, establishing the "one person, one vote" principle.

SCOTUS 15: Engel v. Vitale (1962)

Held that state-sponsored prayer in public schools violates the 1st Amendment's Establishment Clause.

SCOTUS 15: Gideon v. Wainwright (1963)

Incorporated the 6th Amendment's right to counsel, requiring states to provide an attorney to indigent criminal defendants in felony cases.

SCOTUS 15: Tinker v. Des Moines (1969)

Ruled that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate," protecting symbolic speech (black armbands) unless it causes a substantial disruption.

SCOTUS 15: New York Times Co. v. United States (1971)

Bolstered freedom of the press by establishing a heavy presumption against "prior restraint" (government censorship before publication) in the Pentagon Papers case.

SCOTUS 15: Wisconsin v. Yoder (1972)

Ruled under the 1st Amendment's Free Exercise Clause that Amish children could not be forced to attend public school past the 8th grade because it infringed on their sincere religious beliefs.

SCOTUS 15: Roe v. Wade (1973)

Ruled that the right to privacy (derived from the Due Process Clause) encompassed a woman's decision to have an abortion (later overturned by Dobbs v. Jackson Women's Health Organization in 2022).

SCOTUS 15: Shaw v. Reno (1993)

Ruled that racial gerrymandering—drawing congressional districts based predominantly on race—violates the 14th Amendment's Equal Protection Clause and must pass strict scrutiny.

SCOTUS 15: United States v. Lopez (1995)

Limited Congress's power under the Interstate Commerce Clause by striking down the Gun-Free School Zones Act, ruling that carrying a gun near a school is not an economic activity.

SCOTUS 15: McDonald v. Chicago (2010)

Incorporated the 2nd Amendment right to keep and bear arms for self-defense against state and local governments via the 14th Amendment's Due Process Clause.

SCOTUS 15: Citizens United v. FEC (2010)

Ruled under the 1st Amendment's Free Speech Clause that political spending by corporations, associations, and labor unions is a form of protected speech that cannot be limited.