AP Gov Unit 3

Civil Liberties

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

Bill of Rights

First 10 Amendments to the Constitution to protect individual liberties and rights

14th Amendment

no state shall "deprive any person of life, liberty, or property without due process of law" and no state shall "deny to any person within its jurisdiction the equal protection of the laws"

Freedom of Religion

The gov't cannot be involved w/ religion (Wall of Separation)

Establishment Clause

Congress shall make no law respecting an establishment of religion

The Lemon Test

Policies must have a secular purpose that neither endorses nor disapproves of a religion, have an effect that neither advances nor prohibits religion, and avoid creating a relationship between religion and government that entagles either in the internal affairs of the other

Free Exercise Clause

no law can prevent free exercise of religion, however you are not exempt from laws binding other citizens

Religous Freedom and Restoration Act

states that "government should not substantially burden religious exercise without compelling justification".

Engel v. Vitale (1962)

When parents sued a school for having a morning prayer for students (Establishment Clause)

Wisconsin v. Yoder (1972)

When an Amish family's belief that kids shouldn't attend school after middle school conflicted with Wisconsin law that says kids must go to high school.

Public Funding of Religious Institutions

Most have been struck down, except for secular endevors in higher education in religious colleges

Protected Free Speech

Free Speech is not absolute, but both federal and state governments have to show compelling government interest. (Time, Place and Manner Test)

Symbolic Speech

an act that conveys a political message

Schenck v. United States

When someone made leaflets saying the draft during WWI violated the 13th amendment of involuntary servitude and was sued for violating the espionage act

Clear and Present Danger Test

law should not punish speech unless there is a clear and present danger (imminent threat) of producing harmful actions from the speech

Prior restraint

Government cannot use prior restraint or suppression of thought from entering the marketplace of ideas just because people see the idea as offensive

New York Times Co. v. United States (1971)

When the government tried stopping NYT from publishing news on the state of the Vietnam War they were sued

McDonald v. Chicago

When someone challenged Chicago's law that had restrictions on gun ownership since they were too harsh and won because they decided the 2nd Amendment should apply to the states

8th Amendment

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

4th Amendment

protection of unreasonable search and seizure, and warrantless search and seizure

Exclusionary Rule

evidence gathered in violation of the Constitution cannot be used in trial

5th Amendment

nor shall any person be subject for the same offense to be twice put in jeopardy (double jeopardy) of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

6th Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Patriot Act

Allowed the executive branch via National Security Agency (NSA) to work with 3rd parties to acquire and examine cell phone data as long as the third party cooperated (all did)

Selective Incorporation

The process of declaring only certain, or selected, provisions of The Bill of Rights applicable to the states rather than all of them at once

Due Process

the concept of fundamental fairness that ensures legitimate government in a democracy

Public Safety Exception

outweighs a persons individual rights

Gideon v. Wainwright (1963)

When Gideon asked for the Court to appoint him a lawyer they refused since his case didn't meet the right requirements he sued them and won

Tinker v. Des Moines (1969)

When a group of kids wore black armbands to school protesting the Vietnam war they were punished by the school. The Court ruled in favor of the kids

Letter from Birmingham

MLK's response to a group of white clergymen where he criticized moderates

Effective Ways to Secure Rights

Grassroots Org

Legislation (more effective)

Courts to campaign for legal protections (more effective)

13th Amendment

Ended slavery

15th Amendment

Male Suffrage

24th Amendment

abolished and forbids the federal and state governments from imposing taxes on voters during federal elections

Brown v Board of Education of Topeka (1954)

Ended separate but equal

Civil Disobedience

led by Dr. Martin Luther King Jr. resulted in media attention that made the civil rights movement a national issue

1964 Civil Rights Act

Ended segregation in public places and banned employment discrimination on the basis of race, color, religion, sex or national origin, using the commerce clause to justify Congressional intervention

1965 Voting Rights Act

addressed voting rights, public accommodations, schools, employment and federal funds using the commerce clause to justify Congressional intervention

Equal Pay Act of 1963

Requires equal pay for equal work, prohibits discrimination on the basis of sex in employment and among students in any school or university receiving federal funds, bans discrimination against pregnant women on the job

Title IX of Education Act of 1972

prohibited gender discrimination in federally subsidized education programs, including athletics

Gay Liberation

Demanded sexual tolerance

Stonewall Rebellion

Attack by off duty officers on gay men

Don't Ask, Don't Tell

military can't ask sexual orientation of soldiers

Affirmative Action

A program designed to increase minority participation in some institutions (businesses, schools, labor unions, or government agencies) by taking positive or active steps to appoint or hire more minority group members