AP Gov - Civil Liberties and Rights

Article III

foundation for powers of the judicial branch; life tenure for justices allows the court to function independent of the current political climate

Federalist 78

the argument for how its independence checks the power of other branches; life tenure for justices allows the court to function independent of the current political climate

Judicial review

the Supreme Court's power to determine the constitutionality of a congressional law, executive action, or state law or state court decision

Precedent

a principle or rule established in a previous legal case relevant to a court when deciding subsequent cases

Stare decisis

the legal doctrine under which courts follow legal precedents when deciding cases with similar facts

Jurisdiction

legal authority delegated to the federal courts to rule on cases and controversies

Original jurisdiction

the power of a court to hear a case for the first time

Appellate jurisdiction

the power of a court to hear a case that has already been heard and decided by a lower court

Judicial activism

-The Court can and should be free to overrule the other branches when they are wrong

-Allows the courts to be drivers of policy change

-Likely to strike down policies and past rulings

Judicial restraint

-Court should defer to the democratically elected branches whenever possible

-people who are elected by the public should be making policy decisions

-Suggests a limited role for justices

Bill of Rights

consists of the first ten Amendments to the Constitution, which enumerate the liberties and rights of individuals, and is specifically designed to protect individual liberties and rights; application of the Bill of Rights is continuously interpreted by the courts

Civil liberties

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

Civil rights

protect individuals from discrimination based on characteristics such as race, national origin, religion, and sex; these rights are guaranteed to all persons under the due process and equal protection clauses of the U.S. Constitution, as well as acts of Congress.

First Amendment

government power to make law and an individual's right to religious freedom through the Establishment Clause and Free Exercise Clause; freedom of speech; freedom of the press

Second Amendment

right to bear arms

Fourth Amendment

the right to be free from unreasonable searches and seizures

Fifth Amendment

due process clause in the Fifth Amendment applies to the national government

Sixth Amendment

the right to legal counsel, speedy and public trial, and an impartial jury

Eighth Amendment

cruel and unusual punishment; Supreme Court interpretations of the Eighth Amendment have applied to death penalty statutes

Ninth Amendment

states that individuals have protected rights beyond those listed in the first eight amendments; some argue it provides support for the existence of unenumerated rights

Fourteenth Amendment

Due Process Clause and Equal Protection Clause as applied to the states; granted citizenship to all persons born or naturalized in the U.S., including formerly enslaved people

Establishment clause

prohibits the establishment of an official religion by the government

Free exercise clause

guarantees freedom of conscience and prohibits the government from interfering in religious belief

Symbolic speech

nonverbal action that communicates an idea or belief

Time, place, manner

regulations that impose restrictions such as limits on the time of day an event can be held, limits on where an event can be held, and limits on the noise levels at an event

Obscenity

speech that strongly offends the prevalent morality of the time and society

Defamation

language that harms the reputation of another

Libel

written communication of defamation

Slander

oral communication of slander

Clear and present danger

speech can be limited when it is shown to present a danger to public safety

Prior restraint

Supreme Court has affirmed support for a heavy presumption against prior restraint even in cases involving national security

Selective incorporation

doctrine that imposed limitations on state regulation of civil liberties by extending select protections of the Bill of Rights to the states through the due process clause of the Fourteenth Amendment

Due process

state that the government may not infringe on a person's right to life, liberty, or property without due process of law

Procedural due process

requires that government officials use methods that are not arbitrary when making and carrying out decisions affecting constitutionally protected rights; procedural due process protections are reinforced by key protections enshrined in other provisions of the Bill of Rights and key legal doctrines established by the Supreme Court

Miranda rule

requires accused persons to be informed of some procedural protections found in the Fifth and Sixth Amendments prior to interrogation

Exclusionary rule

stipulates that evidence illegally seized by law enforcement officers in violation of the suspect's Fourth Amendment rights (including the right to be free from unreasonable searches and seizures) cannot be used against that suspect in criminal prosecution

Substantive due process

used by the Supreme Court to examine whether government laws and actions are arbitrary infringements of individual rights

Right to privacy

a recognized constitutionally protected right not explicitly named in the Constitution; interpreted by the Supreme Court to be granted by the Due Process clause in Griswold v. Connecticut

Roe v Wade

the Supreme Court held that the application of substantive due process further extended the privacy right to abortion

Dobbs v. Jackson Women's Health Organization

overturned Roe v. Wade, holding that the Constitution does not confer a right to abortion, leaving decisions about the regulation of abortion to legislatures

Letter from Birmingham Jail

a letter by Dr. Martin Luther King Jr. stating people have a moral responsibility to break unjust laws and take direct action instead of waiting for social and racial justice through the court system; 'injustice anywhere is a threat to justice everywhere'

LGBTQ rights

political and social rights for lesbian, gay, bisexual, transgender individuals; gains have been made for same-sex activities and behaviors, same-sex marriage, and discrimination in employment; opposition to transgender and gender identity continues

Brown v. Board of Education

declared that race-based school segregation violates the Fourteenth Amendment's equal protection clause; overturned Plessy v. Ferguson

Civil Rights Act of 1964

prohibits discrimination in public places, provides for the integration of schools and other public facilities, and makes employment discrimination illegal

Title IX of the Education Amendments Act of 1972

forbids gender discrimination in federally subsidized education programs, including athletics

Voting Rights Act of 1965

invalidated the use of any test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised african-americans; encouraging greater social equality and decreasing the wealth and education gap

Separate but equal doctrine

State laws and Supreme Court decisions restricting African American access to the same restaurants, hotels, schools, etc., as the majority white population

Majority-minority districting

drawing an electoral district in which the majority of constituents are racial or ethnic minorities

marbury v madison

Used the Judicial Branch's inherent power from Article III of the Constitution to establish judicial review as constitutional affirming checks and balances and separation of powers

McCulloch v. Maryland

Elastic Clause (Necessary and Proper Clause) -- established implied power doctrine (vs. just enumerated powers), which strengthened the federal government Supremacy Clause

Engel v. Vitale

School sponsorship of religious activities violates the establishment clause in the 1st amendment

Wisconsin v. Yoder

Forcing Amish students to attend school past 8th grade violates the free exercise clause of the 1st amendment

Tinker v. Des Moines

Public school students retain 1st amendment freedom of speech/expression while on campus, as long as it doesn't "disrupt the learning environment"

NY Times v. US

Ensures freedom of press clause of the 1st amendment by limiting prior restraint except in most extreme cases of national security

Schenck v. US

Speech that represents a "clear and present danger" is not protected speech under the freedom of speech clause in the 1st amendment

Gitlow v. New York

The first case that used the selective incorporation doctrine, using the due process clause of the 14th amendment to extend the Bill of Rights protections to states

Gideon v. Wainwright

Used the 6th amendment to decide that those who cannot afford an attorney will be provided with one, incorporated to the states via the due process clause of the 14th amendment.

McDonald v. Chicago

The 2nd amendment prevents states from limiting gun ownership for self-protection, incorporated to the states via the due process clause of the 14th amendment.

Brown v. Board of Education

School segregation violates the equal protection clause

of the 14th amendment - overturned Plessy v. Ferguson's separate but equal doctrine

Baker v. Carr

Used the equal protection clause in the 14th amendment to apply to redistricting - established "one person one vote" doctrine