​​AP GOVERNMENT Civil Rights Civil Liberties Cases

Bill of Rights

The first ten amendments to the Constitution

Civil Liberties

The guarantees of the safety of persons, opinions, and property from the arbitrary acts of government, including freedom of speech and freedom of religion

Civil Rights

A term used for those positive acts of government that seek to make constitutional guarantees a reality for all people (prohibitions of discrimination)

Due Process Clause

The government must act fairly and in accord with established rules in all that it does

Establishment Clause

Separates church and state

Free Exercise Clause

The second part of the constitutional guarantee of religious freedom, which guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion

Libel

False and malicious use to printed words

Prior Restraint

The government cannot curb ideas before they are expressed

Process of Incorporation

The process of incorporating, or including, most of the guarantees in the Bill of Rights into the 14th Amendment's Due Process Clause

Sedition

The crime of attempting to overthrow the government by force, or to disrupt its lawful activities by violent acts

Seditious Speech

The advocating, or urging, of an attempt to overthrow the government by force, or to disrupt its lawful activities with violence

Shield Law

A law which gives reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings

Slander

False and malicious use of spoken words

Symbolic Speech

Expression by conduct; communicating ideas through facial expressions, body language, or by carrying a sign or wearing an arm band

14th Amendment

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws."

Plessy v.Ferguson

established "separate but equal' doctrine used in the first half of the 20th century

Brown v. Board of Education

reversed "separate but equal" doctrine, stating that segregation in schools was inherently unequal

Civil Rights Act of 1964

banned racial discrimination in hotels, motels, restaurants, and other public accomodations

Jim Crow laws

laws prevalent throughout southern states that systematically prevented African-Americans from voting/voter registration

Voting Rights Act of 1965

made the intent of the 15th Amendment a reality; brought federal supervision to registration and voting sites throughout the south

Equal Rights Amendment

failed attempt to extend equality of laws on basis of gender

Americans with Disabilities Act

public facilities must have "reasonable accomodations" ; prohibited employment discrimination on basis of disability

affirmative action

efforts to bring about increased employment, admissions, and promotions for groups that have historically been denied these opportunities

19th Amendment

gave women the right to vote

24th Amendment

abolished poll taxes

civil liberties

legal constitutional protections against government

Gitlow v. New York

SCOTUS decision began selective incorporation by applying 1st Amendment protections through the 14th Amendment

incorporation doctrine

legal concept under which SCOTUS has nationalized the BofR by making most of its provisions applicable to the states through the 14th Amendment

Lemon v. Kurtzman

established a test determine if state aid to parochial schools is legal ; 1: law must serve a secular purpose; 2: neither advances nor inhibits religion; 3: no excessive entanglement with religion

Engel v. Vitale

state-sponsored prayer in NY public schools violated the Establishment Clause of the 1st Amendment

prior restraint

government actions that prevent expression; censorship ; SCOTUS usually decides against it

Schenck v. US

govt may limit speech if it poses a "clear and present danger"

probable cause

a good reason to conduct a search

exclusionary rule

evidence taken in an illegal search may not be used in court

Mapp v. Ohio

SCOTUS decision establishing the exclusionary rule

Miranda v. Arizona

police must inform suspects of their constitutional rights to keep silent and have an legal counsel prior to questioning

Gideon v. Wainwright

SCOTUS decision that gave defendants the right to an attorney in state courts

Roe v. Wade

no state may control abortion access in the first trimester

1st Amendment

freedom of speech, press, religion, petition, and assembly

4th Amendment

no unreasonable search and seizure

5th Amendment

no self-incrimination, right to due process

6th Amendment

right to a speedy and public trial by jury; right to an attorney

8th Amendment

no cruel and unusual punishment; no excessive bail or fines

14th Amendment

States may not deny due process to citizens

establishment clause

section of 1st Amendment that states govt may not establish or favor a religion

free exercise clause

section of 1st Amendment that guarantees your right to freely exercise your religious beliefs

Marbury v. Madison (1803)

Established judicial review & power of the Supreme Court. "Midnight Judges" case.

McCulloch v. Maryland (1819)

Established national supremacy; established implied powers; use of Elastic Clause; states can't tax federal institutions. Upheld a national bank.

Plessy v. Ferguson (1896)

Established "separate by equal" doctrine of racial segregation. Gave approval for southern states to continue Jim Crow laws.

Schenck v. U.S. (1919)

1st Amendment "clear and present danger test;" there can be limits on speech, especially in wartime.

Brown v. Board of Education, I (1954)

School racial segregation is unconstitutional; overturned "separate but equal"; use of 14th Amendment's "equal protection clause."

Brown v. Board of Education, II (1955)

Ordered schools to desegregate "with all due and deliberate speed."

Roe v. Wade (1973)

Inferred from right of privacy established in Griswold v. CT. Established national abortion & trimester guidelines for state interference/regulation.

Gibbons v. Ogden (1824)

Federal government can regulate interstate trade; covers TV and banking

Worcester v. Georgia (1832)

Cannot take Indian lands: Jackson did not enforce it. Indian removal to Oklahoma.

Dred Scott (1857)

Slaves were property and could not sue. Missouri Compromise ruled unconstitutional.

Korematsu v. U.S. (1944)

Upheld internment of Japanese-Americans. "Pressing public necessity" may limit civil rights.

Miranda v. Arizona (1966)

The accused must be informed of their rights prior to any questioning.

Baker v. Carr (1962)

Gerrymandering

15th Amendment (1870)

U.S. cannot prevent a person from voting because of race, color, or creed

17th Amendment

Direct election of senators

19th Amendment

Gave women the right to vote

24th Amendment

Abolishes poll taxes

26th Amendment

Lowered the voting age from 21 to 18