Unit 3: Civil Rights and Civil Liberties - AP Government - GENERAL TERMS, AP GOV: Required Court Cases + Documents, Unit 3: Civil Rights and Civil Liberties - AP Government - WEEK 2, Unit 3: Civil Rights and Civil Liberties - AP Government - WEEK 1

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Right to bear arms

3rd Amendment

No quartering of soldiers

4th Amendment

Freedom from unreasonable searches and seizures

5th Amendment

Right to stay silent, indictment by grand jury. protection against double jeopardy, compensation for private property taken

6th Amendment

Right to a speedy, public trial and impartial jury

7th Amendment

Right to trial by jury

8th Amendment

No cruel or unusual punishment (including excessive bail)

9th Amendment

Citizens entitled to rights not listed in the Constitution

10th Amendment

Powers not given to federal government go to people and States

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws (equal protection clause and due process clause)

lemon test

three-pronged rule used by the courts to determine whether the establishment clause is violated (money must be secular, doesn't advance or inhibit religion, and no entanglement)

compelling governmental interest

a purpose important enough to justify the infringement of personal liberties

hate speech

words that attack groups such as racial, ethnic, religious, and sexual minorities

miller test

The current judicial test for obscenity cases that considers community standards, whether the material is patently offensive, and whether the material taken as a whole lacks serious literary, artistic, political, or scientific value.

Time, Place, and Manner

Limits that government can impose on the occasion, location, and type of individual expression in some circumstances.

District of Columbia v. Heller (2008)

Ruled the 2nd Amendment protects an individual's right to possess a firearm for lawful, private use -- OFTEN USED IN COMPARISON WITH MCDONALD V. CHICAGO

bills of attainder

when the legislature declares someone guilty without a trial

ex post facto

a law that makes an act criminal although the act was legal when it was committed

writ of habeas corpus

A court order requiring explanation to a judge why a prisoner is being held in custody.

19th Amendment

Gave women the right to vote

National Organization for Women (NOW)

Economic and political organization for women's equal rights to men

Title IX

A law that bans gender discrimination in schools that receive federal funds

Equal Rights Amendment

constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender

Americans with Disabilities Act (1990)

Major anti-discrimination law for disabled; requires access (ramps, braille, etc.); unfunded mandate

15th Amendment

States cannot deny any person the right to vote because of race.

Regents of the University of California v. Bakke (1978)

SCOTUS struck down university quota systems, but upheld affirmative action

Gratz v. Bollinger (2003)

Struck down use of "bonus points" for race in undergrad admissions at University of Michigan.

Students for Fair Admissions v. Harvard (2023)

college admissions can consider race when it comes to an individual's experience, but they should be treated on their experiences, not on the basis of race

Marbury v. Madison (1803)

Post the Election of 1800, John Adams appointed a bunch of "midnight judges" in the last hours of his presidency

Jefferson, once he took office, didn't send any of the commissions to those judges, causing a judge, William Marbury, to sue the executive branch

Caused a lot of debate about whether or not Marbury should get his commission as this type of original jurisdiction is not allotted to the SCOTUS in the Constitution

Created the idea of judicial review = judges have the power to deem laws unconstitutional and cannot enforce it

Expanded the power of the federal court

McCulloch v. Maryland (1819)

Issues about having a federally chartered bank in a state →Is it also able to get taxed by the state like other banks...

James McCulloch = Head of the Baltimore branch of the Second National Bank of the United States

Unanimous decision by SCOTUS

Questions with Answers:

Does the federal government have the power to charter a national bank?

YES!! Necessary and Proper Clause: Bank is needed to issue and coin money

Can a state tax it?

NO!! Supremacy Clause: Federal > State ALL DAY ANY DAY

Created a shift towards more federal power over state power during a time when there was a lot of debate b/w Federalists and Anti-Federalists

Chief Justice John Marshall:

Anything the gov does IS constitutional as long as it not officially banned by the Constitution

Schenck v. United States (1919)

Schenck and his female friend were giving out pamphlets during WWI urging drafted men to not go to war

Were arrested under the Espionage Act stating that they were bringing harm to the war

Schenck sued stating that this violated his freedom of speech

Court did NOT rule in favor of Schenck stating that his actions presented "clear and present danger"

Created "Clear and present danger" test which helped future freedom of speech cases

Brown v. Board of Education of Topeka (1954)

Oliver Brown's daughter, Linda, went to a faraway school that was segregated, and not the school closest to their home

Sued the BOE of Topeka citing the Equal protection clause of the 14th amendment

SCOTUS sided with Brown stating that the "separate but equal" doctrine placed by Plessy v Ferguson was indeed unconstitutional, and that it was unconstitutional to have racist segregation in a school environment

This overturning of Plessy helped expand desegregation to other spheres in the country

Monumental case in the Civil Rights movement

The dividing point in America of Past vs Present

Baker v. Carr (1961)

Tennessee had not redrawn its congressional districts in over 60 years

Was told to redraw it as urban pop was increasing and Tennessee refused

Violated the 14th amendment's Equal Protection Clause

All people should be equal under the law

The districts apportionment was not equal population-wise so a group of 500 people had the same vote as a group of 10000 people

Created the law that congressional districts had to approximately have the same population so Equal Protection occurs

Engel v. Vitale (1962)

New York Board of Regents had a voluntary prayer that happened in schools every morning

Some parents got mad and sued saying this violated the Establishment Clause

SCOTUS ruled in favor of parents stating that no kind of prayer, even a nondenominational one, is needed in an educational setting

Demonstrated how court ruled in favor of individual liberties

Gideon v. Wainwright (1963)

Gideon was a robber and was accused of this crime

He couldn't afford a lawyer, but the courts didn't provide him one either

He sued stating he had the right to counsel through the 6th amendment

SCOTUS ruled in favor of Gideon citing selective incorporation

Tinker v. Des Moines Independent Community School District (1969)

A group of student wore black armbands on their arms to school to protest the Vietnam war

School said they would suspend them as it is distracting other students and is causing a disturbance

Parents sued the school district citing violation of freedom of expression

Court ruled in favor of parents stating that freedom of speech was violated, and that a student's freedom of speech does not "stop at the school gate"

Since it didn't obstruct the school day, there was no need for school to suspend them

New York Times Company v. United States (1971)

New York Times had gotten a hold of the "Pentagon Papers" with info about the US' involvement in the Vietnam War and how the presidential administrations had lied to them

Nixon wanted to stop the printing of this stating that this could harm the US on the international level

NYT sued stating freedom of the press was violated

Court ruled in favor of NYT stating that the press was meant "to serve the governed, not the governors"

Expanded freedom of the press in America

Wisconsin v. Yoder (1972)

A group of Amish students were pulled from school after the 8th grade because in their religion, it is believed they don't need to go to school past this

A Wisconsin law required that students have to go to school till the age of 16

Amish parents sued through a representing organization citing violation of free exercise clause

Court ruled in favor of parents stating that free exercise clause was violated

State's interest in educating children does NOT trump Amishs' free exercise of their religion

It set the tone for future cases for states interest vs free exercise clause

Roe v. Wade (1973)

Norma McCorvey was on her third pregnancy and didn't want the child as she didn't really feel settled in life and didn't want to add a child to the mix

She was unable to get an abortion because they were banned in Texas, where she lived

She sued Texas and the case went all the way up to SCOTUS

SCOTUS ruled that the TX law was unconstitutional because it violated the right of privacy

Not explicitly stated but inferred from the due process clause of the 14th amendment

SCOTUS created a new law that stated that states couldn't do anything the first trimester but could have more control in the 2nd and 3rd trimesters

Very very VERY controversial case as it contains taking a life but in a way that conflicts with a woman's right to choose when she wants children

Shaw v. Reno (1993)

North Carolina had no Black reps even though 20% of the population was black

Created two congressional districts, through racial gerrymandering, with a big population of Black citizens

Was declared unconstitutional as it went against the 14th amendment's Equal Protection Clause

SCOTUS stated the congressional districts couldn't be drawn based on solely race and created more scrutiny over racial gerrymandering

United States v. Lopez (1995)

Limited power of the federal government and pushed more power to states

1990: Gun Free School Zones Act = banned guns on school property

Alfonzo Lopez, a high school senior in Texas, brought a gun to school and was tried to the federal law

Caused debate about whether this law was an overreach of federal power as the government cannot tell someone where to take their gun

SCOTUS responded by saying that this law connected with the Commerce Clause + the N&P Clause

Lopez responded by saying that they can't always connect the two and get away with it

5-4 decision in favor of Lopez, stating that the Fed Gov went too far with their power

Declared the Gun Free School Zones act unconstitutional and that it should be up to the states whether or not guns are outlawed on school property

McDonald v. Chicago (2010)

McDonald had a bunch of big firearms but they weren't useful and easy to use for safety

His street had a bunch of gangs so he wanted to protect himself

Wanted to buy handguns but Chicago had one of the strictest handgun-banning laws in the nation

SCOTUS ruled in favor of McDonald stating that Chicago had violated 2nd amendment rights

Bigger case about selective incorporation and not 2nd amendment

From Heller v DC case

Citizens United v. Federal Election Commission (2010)

Bipartisan Campaign Finance Act (BCRA) made it illegal for corporations/non-profits to engage in election-related activities 60 days before an election or 30 days before a primary

2008 primary b/w Obama and Hilary Clinton: A movie by Citizens United, a conservative group, about Clinton was created with accusations against her

Was created during the forbidden period due to BCRA

Citizens United sued citing the First Amendment's Freedom of Speech was violated

SCOTUS ruled in favor of Citizens United arguing that stopping a business from talking about elections during a certain time period was like censoring an individual, which was illegal

Created a lot of talk about lots of money = more influence

The Declaration of Independence

Author: Thomas Jefferson

Edited by Ben Franklin and John Adams

A list of the colonies' grievances against the British Crown

Articles of Confederation

First governmental blueprint of the United States of America

Made all the states sovereign ---> Each ran like a separate country

Super weak central government, and basically no federal power whatsoever

Problems were brought to light after Shay's Rebellion

Led to the creation of the Constitution

The Constitution of the United States

Created at the Constitutional Convention

Went in with the idea that they had to scrap the AOC and create a new plan

Popularized with the Federalist Papers

Created the 3 different branches, gave a more centralized and powerful government, while also maintaining the idea that the states should have power as well

Includes the Bill of Rights (first 10 amendments)

Next 17 amendments were made throughout time

Federalist No. 10

Author: James Madison

Talks about the dangers of factions

Destroy causes or limit effects?

Destroy causes = Destroys liberty so NO

Limit effects = Republican government so YES

Pro pluralism and elitist republic

Brutus No. 1

Author: Unknown

Most famous Anti-Federalist paper

Explains author's worry of strong central government defeating the whole purpose of different states

Will a nation as large as the US, have reps to keep track of the people that they are representing?

Too many different opinions = too much tension and issues

Federalist No. 51

Author: James Madison

Discusses separation of powers and checks and balances and how American Gov stays balanced this way

Human ≠ Angels ---> Creation of Government

Each branch should be as independent as possible

Federalist No. 70

Author: Alexander Hamilton

Discusses how the executive should be "energetic"

One person > group of people

Can be held accountable

Can be more transparent with American people as to who to put blame on

Federalist No. 78

Author: Alexander Hamilton

Courts will act as an intermediary between the people and the government

HAVE to follow the constitution

Explains that the judicial branch is the weakest branch of government

Letter from a Birmingham Jail

Author: Martin Luther King Jr.

Written in Birmingham jail after he got arrested

Explains why he is fighting the "unjust" laws

You can't fix laws in one place and expect it to be fixed in another

Explains plight of Black people and why they cannot "wait" any longer for justice

probable cause

reasonable belief that a crime has been committed or that there is evidence indicating so

exclusionary rule

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

grand jury

a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted and subsequently tried in a court of law

double jeopardy

protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction

Miranda rights

the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals suspected of criminal activity

bail

an amount of money posted as a security to allow the charged individual to be freed while awaiting trial

Equal Protection Clause

a clause in the 14th amendment that requires the states to treat all citizens alike with regard to application of the laws

separate but equal

the doctrine that racial segregation was constitutional so long as the facilities for blacks and whites were equal

legal segregation

the separation by law of individuals based on their race

de jure segregation

the separation of individuals based on their characteristics, such as race, intentionally and by law

de facto segregation

a separation of individuals based on characteristics that arises not by law but because of other factors, such as residential housing patterns

affirmative action

a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race or gender

civil disobedience

the intentional refusal to obey a law to call attention to its injustice

Civil Rights Act of 1964

legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate

Voting Rights Act of 1965

legislation outlawing literacy tests and authorizing the Justice Department to send federal officers to register voters in uncooperative cities, counties, and states

civil liberties

fundamental rights and freedoms protected from infringement by the government

civil rights

protections from discrimination as a member of a particular group

Bill of Rights

a list of fundamental rights and freedoms that individuals possess; the first ten amendments of the US Constitution

due process clause

the clause in the 14th Amendment that restricts state governments from denying their citizens their life, liberty, or property without legal safeguards

selective incorporation

the process through which the Supreme Court applies fundamental rights in the Bill of Rights to the states on a case-by-case basis

establishment clause

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

free exercise clause

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

freedom of expression

a fundamental right affirmed in the First Amendment to speak, publish, and protest

clear and present danger test

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

prior restraint

the suppression of material prior to publication on the grounds that it might endanger national security

symbolic speech

protected speech in the form of images, signs, and other symbols

libel

an untrue written statement that injures a person's reputation

slander

an untrue spoken expression that injures a person's reputation

procedural due process

a judicial standard requiring that fairness be applied to all individuals equally

warrant

a document issued by a judge authorizing a search