AP Gov - Civil Rights Study Guide (Unit 3)

Flashcards for the Bill of Rights and Civil liberties and rights offered to the United States.

First Amendment

Freedom of speech, religion, press and assembly.

Freedom of Religion

Government cannot establish a religion or interfere with your personal religious beliefs or practices.

Establishment Clause

First amendment protection against the government requiring citizens to join or support a religion

Engel v. Vitale (1962)

Court ruled that a school-sponsored prayer violated the establishment clause, court’s opinion does not see the prayer as neutral. 

Free Exercise Clause

First amendment protection of the rights of individuals to express and exercise their religious beliefs

Wisconsin v. Yoder

Some Amish guys challenged Wisconsin’s compulsory attendance law that required their children to attend public or private school until the age of 16 stating it violated their religious rights. The majority vote was that the law had threatened the Amish way of life (free exercise) and introduced worldly influences into the Amish religion.

Freedom of Speech

The individual's right to express ideas or opinions without government punishment. Limited exceptions.

Clear and Present Danger

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

Schenck v. United States

Unanimous court ruling against defendants stating their anti-war leaders interfered with military drafting which in turn went against the Espionage Act (the crime to interfere with military recruiting).

Students Rights

The right to free speech in schools as long as it does not disrupt the system.

Tinker v. Des Moines

Students who wore black armbands to protest against the Vietnam war were told by the school that if they continued, they would be suspended. They were protected by the first amendment stating the armbands were not a disruption.

Freedom of the Press

Government cannot censor newspapers, media or other publications, allowing the people to publish information and opinions freely.

Prior Restraint

The suppression of material prior to publication.

New York Times Co. v. United States

Courts justified that the government does not have sufficient interest in National Security to justify prior restraint. This has protected the people's rights to know what the government is doing.

Freedom of Assembly

People can gather peacefully in groups, protests or meetings without government interference.

Right to Petition

Individuals are able to make remarks of the government, ask for changes and demand action without fear of punishment.

Second Amendment

The right to bear arms.

McDonald v. Chicago

Utilizing the 14th amendment selective incorporation to ensure the second amendment of the Bill of Rights applied to state laws as well due to citizens of Chicago and old man Mcdonald worrying about the personal defense of their home.

Third Amendment

The protection of forced quartering of soldiers in private homes.

Fourth Amendment

Protects citizens from “unreasonable searches and seizures.”

Illegal Search and Seizure, Exclusionary Rule

A rule that evidence obtained without a warrant is inadmissible in court.

Mapp v. Ohio

When Dollree Mapp had her house searched without a warrant while looking for a bomb suspect and found lewd material going against Ohio’s anti-obscenity laws (inadmissible in court).

Probable Cause

Reasonable belief that a crime has been committed or that there is evidence of criminal activity. What warrants must be based on.

Warrants

A document issued by a judge authorizing a search.

Special Needs Exception

Allowing some warrantless searches to take place when there is an interest beyond routine law enforcement routine.

Fifth Amendment

Rights of the accused.

Self-Incrimination

You have the right to remain silent. You cannot be forced to testify against yourself. (“pleading the fifth”).

Miranda v. Arizona

Court ruled that the right against self-incrimination applies during police interrogations. Police must inform suspects of their rights before questioning. 

Miranda Warning

The statement police must give someone before questioning them while in custody (the 5th and 6th amendment).

Double Jeopardy

You cannot be tried twice for the same crime if you have been legitimately acquitted.

Dual Sovereignty

The prime idea that state and federal governments are separate and can each enforce their own laws (Inherently meaning one individual can be tried by state and federal for the same crime).

Sixth Amendment

The right to a speedy and public trial and the right to counsel.

Right to Counsel

The right for the accused to have a lawyer, if unable to afford one then the government must provide one.

Gideon v. Wainwright

Court extended the right to an attorney for those unable to afford one in state criminal cases after Clarence Earl Gideon didn’t receive one and argued it went against his rights.

Speedy Trial

Criminal trials must happen within a reasonable time (can’t have delays for too long, can’t be held in jail for long periods of time without trial).

Seventh Amendment

Guarantees the right to a trial by Jury in civil cases if dispute is worth more than a small amount (usually $20).

Eighth Amendment

No cruel and unusual punishments, no excessive fines or bail. Protection against those.

Cruel and Unusual Punishment

Punishments imposed on the guilty that are unusually cruel.

Excessive fines and bail

Fines and bails set at an exceedingly high price but deemed unreasonable if not calculated accordingly to the case.

Death Penalty Debate

The court believes it is constitutional but has only restricted it, meaning minors and the mentally ill or disabled cannot be given the death penalty.

Ninth Amendment

Even if a right isn’t specifically mentioned into the constitution, it does not necessarily mean they don’t have it.

Tenth Amendment

Any powers the Constitution does not give to the Federal government and does not ban the states from having, is given to the states or the people.

Fourteenth Amendment

Allows the extension of protections of the Bill of Rights.

Selective Incorporation to states

The case-by-case process through which the supreme court has affirmed that almost all of the protections in the Bill of Rights also apply to state governments.

Due Process Clause

The clause of the Fourteenth Amendment that restricts state governments from denying citizens their life, liberty, or property without legal safeguards.

Equal Protection Clause

The government must treat people fairly and equally under the law. Prohibits the creation of laws that may discriminate against certain groups without a very strong reason.