ap gov civil rights and liberties

unit 7

civil liberties

limitations of government power that are designed to protect freedoms

civil rights

constitutional guarantees that the government will treat people equally, regardless of whether they belong to a protected class (race, gender, religion, ethnic origin, etc)

bill of rights

created to intentionally limit the power of the federal government and protect individual rights and liberties

* compromise between feds and anti-feds

supremacy clause

the constitution and its amendments MUST be upheld over state law

* trials over civil law thus occur in the Supreme Court with any discrepancies between state and fed. law

selective incorporation

process of implying the protections of the Bill of Rights into state law. ensures that states can’t pass legislation that violates our Constitutional rights and liberties

• based on the Due Process Clause

• states cannot pass a law that violates Constitutional rights

• the same rights may not be explicitly stated in a state’s constitution, but they’re implicitly assumed

free-exercise clause

the government cannot interfere with an individual’s religion or its practices

• ex. Wisconsin v. Yoder

• limitations include polygamy, drug use, etc

Wisconsin v. Yoder

forcing Amish students to attend school past the eighth grade violates the free exercise clause

establishment clause

“congress shall make no law respecting an establishment of religion”

• thus, the US can never have a national religion

• promotes the separation of church and state - not specifically stated in the Constitution, idea came from the Establishment clause

• ex. Engel v. Vitale

Engel v. Vitale

declared __school sponsorship__ of religious activities violates the establishment clause

* Student-led prayer okay because it is not affiliated with government sponsorship

lemon test

a test established in Lemon v. Kurtzman (1971) to determine if a law violates the Establishment Clause

the law violates the clause unless it:

• has a legitimate secular purpose

• does not advance or inhibit religion

• does not have “excessive entanglement” with religion

although individuals may believe whatever they want, the government may limit actions that break secular laws if there is a compelling government interest at stake

freedom of expression

freedom to speech and nonverbal symbolic speech

clear and present danger

government can only restrict/ punish speech that incites lawless action

* ex. Schenck v. US

Schenck v. US

government can punish speech likely to bring about evils that Congress has a right to prevent (anti-war sentiment)

direct incitement

government can only restrict speech when it’s likely to result in imminent lawless action

* clear and present danger is now determined by this

symbolic speech

nonverbal forms of speech (signs, symbolic protest)

* supported by Tinker v. Des Moines, allowing students to wear armbands in protest of the Vietnam War

hate speech

written or spoken speech that degrades a group based on its characteristics

first amendment: freedom of press

right to publish/ disperse info and opinions without government censorship

\-ex. NYT Co. v. US

New York Times Co. v. US

the US government attempted to stop NYT from publishing excerpts of the Pentagon Papers, containing top-secret  info of U.S. military action in Vietnam

• SCOTUS ruled that the government’s attempts to stop publication violated the first amendment

• Publishing a history of the war did not pose an immediate national security threat

prior restraint

government censorship by preventing publication or speech BEFORE it takes place

* typically courts will declare unconstitutional, a “heavy presumption against prior restraint”

second amendment: right to bear arms

SCOTUS decisions rest on how it interprets “individual liberty”

* ex. McDonald v. Chicago and Heller v. DC - in both cases, SCOTUS struck down laws that restricted gun ownership
* gun control legislation gave the government too much power

selective incorporation (McDonald v. Chicago)

Constitutional rights don’t automatically apply to state and local governments, thus states must apply it to state law but cannot pass laws that violate constitutional rights

Due Process Clause

the legal requirement that an individual’s rights must be respected by a state of government, protected at the federal level by the 5th amendment and at state level by the 14th amendment

14th amendment

all people born or naturalized in the US are citizens of the US and the state they reside in

• explicitly guaranteed selective incorporation

• before this amendment, protections were only guaranteed on a federal level

Gideon v. Wainwright

right to counsel included at state level cases

* cases tend to favor federal govt over states

Miranda Warning

law enforcement officers are required to inform a person subject to an interrogation of their right not to incriminate themselves under the 5th and 6th amendments

* created after the decision in Miranda v. Arizona

Miranda v. Arizona

States must recognize right to remain silent & to attorney during interrogation per Fifth Amendment.

public safety exemption (miranda right)

if a public safety issue exists, an unwarned interrogation may be performed and it can stand as evidence in court

rights of the accused under the 6th amendment

• right to an attorney

• right to an impartial jury

• right to a speedy and public trial

exclusionary principle

evidence found illegally during an illegal search and seizure can’t be used against a defendant during their trial

patriot act

the government’s monitoring of private data and communication, even without warrant

right to privacy

right to be “left alone” or free from government scrutiny in one’s beliefs and behaviors

* first appears in case Griswald v. Connecticut

Griswald v. Connecticut

Struck down CT state law banning use of contraceptives. (7-2)

• Initially only covered married couples - subsequent case extended right in 1972.

• Majority Opinion: Justice William O. Douglas

• “The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance”

• “In reaching the conclusion that the right of marital privacy is protected, as being within the protected penumbra of specific guarantees of the Bill of Rights”

penumbra of privacy

“partial shadow” - several amendments cast as “shadow” on the right to privacy, even if not explicitly stated

* includes 1.3,4,5,9, and 14th amendments

Roe v. Wade (1973)

Roe (pseudonym used by Norma McCorvey) sues Henry Wade (DA Dallas Co., TX) over state law banning abortion.

• Suit based on ‘right to privacy; 1st, 4th, 5th, 9th amendments.

• Court decided 7-2 in Roe’s favor

• Abortion made legal nationwide

• Ruling argued that state laws banning abortion violated right to privacy via due process clause of 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”

Dobbs v. Jackson Women’s Health (2021)

overturned Roe v. Wade (6-3)

• Suit originated from MS abortion provider against a state law banning abortions after 15 weeks.

• Majority opinion: Abortion never mentioned in constitution therefore not protected at Federal level.

  • Also stated that its status as a “right” was not deeply rooted in country’s history

“letter from Birmingham Jail”

• written by MLK while in jail for protesting segregation as an open letter to members of the clergy throughout the US

• specifically notes his desire to incorporate nonviolent civil disobedience/ protest to combat Southern segregation

civil rights act of 1964

prohibits segregation of public facilities, and discrimination on the basis of race, color, sex, religion, or national origin

* Equal Employment Opportunity Commission enforces these provisions

title IX

protects against discrimination on the basis of sex

voting rights act of 1965

legislation that prevented discrimination in voting, particularly for African-Americans

* end of poll tax and other restrictions

Brown v. Board of Education

racial segregation in schools violated the 14th amendment’s equal protection clause

* overturned Plessy v. Ferguson which said racial discrimination was legal as long as facilities were “separate but equal”

affirmative action

efforts to improve opportunities for underrepresented or disadvantaged groups, especially those in relation to employment or education

* may create requirements for percentages of employment or enrollment for minorities

“colorblind” constitution

the Constitution protects citizens of all races equally (equal protection clause), and that additional measures such as affirmative action are unnecessary