UNIT 3 AP GOV

Civil Liberties

Protections that limit what the government can do to individuals.

Civil Rights

Protections that require the government to treat people fairly and protect them from discrimination.

First Amendment

Guarantees freedoms such as speech, religion, press, assembly, and petition.

Due Process

Constitutional principle requiring the government to follow fair procedures when taking actions affecting life, liberty, or property.

Substantive Due Process

Asks whether the government has a good reason to take away rights.

Procedural Due Process

Ensures the government follows proper steps when affecting an individual's rights.

Selective Incorporation

The process by which the Supreme Court applies the Bill of Rights to state governments via the 14th Amendment.

14th Amendment

Established due process and equal protection clauses, ensuring no person is denied life, liberty, or property without due process.

McDonald v. Chicago

A Supreme Court case that applied the 2nd Amendment right to bear arms to the states.

• Mcdonald wanted to carry a firearm for self defence but a Chicago ordinance prevented that

• He sues saying it violates his rights

• SCOTUS uses selective incorporation to apply the right to bear arms to the states

Gideon v. Wainwright

A Supreme Court case that mandated states provide an attorney to defendants who cannot afford one. 6th Amendment

• Gideon was arrested for robbery and asked for a lawyer but was denied one because Florida only gave them for federal felony cases and not state cases

• He defends himself and loses and appeals from prison that his 6th Amendment right to an attorney was violated

• SCOTUS uses selective incorporation to apply the 6th Amendment right to the states

Miranda v. Arizona

A Supreme Court case establishing that individuals must be informed of their rights upon arrest. 5th Amendment

• Miranda was arrested but not read his rights and confessed after a long interrogation

• He sues saying his 5th amendment rights were violated

• SCOTUS uses selective incorporation to right against self incrimination to the states and creates the Miranda Rule that says Feds gotta read your Miranda rights

Mapp v. Ohio

Established the Exclusionary Rule, which prevents illegally obtained evidence from being used in court. 4th Amendment

• Dollaree Mapp’s home was searched for a fugitive and they found illegal materials and arrested Mapp for it. She sued claiming the arrest for the illegal stuff had nothing to do with the initial search and her 4th amendment rights were violated

• SCOTUS uses selective incorporation to apply the 4th Amendment right against unreasonable searches to the states

  • Creates the Exclusionary Rule that evidence obtained illegally cannot be used against you in court

13th Amendment

Abolished slavery.

14th Amendment

Provided equal protection and due process under the law.

15th Amendment

Guarantees the right to vote cannot be denied based on race.

Plessy v. Ferguson

Supreme Court case that upheld the 'separate but equal' doctrine.

Brown v. Board of Education

Supreme Court case that declared racial segregation in public schools unconstitutional.

De Jure Segregation

Legal segregation enforced by law.

Outlawed by civil rights act of 1964

De Facto Segregation

Segregation that occurs without legal enforcement, often due to social or economic factors.

Civil Rights Act of 1964

Legislation that outlawed discrimination based on race, color, religion, sex, or national origin.

Civil Disobedience

The act of peacefully refusing to obey laws deemed unjust.

Voting Rights Act of 1965

Banned Literacy Tests

19th Amendment

Granted women the right to vote.

Title IX

Prohibits gender discrimination in education and educational programs.

Establishment Clause

Prohibits the government from establishing an official religion.

Free Exercise Clause

Protects the right to practice one's religion freely.

Symbolic Speech

Actions that convey a political message without spoken words.

Texas v. Johnson

A Supreme Court case that ruled flag burning is protected symbolic speech.

Clear and Present Danger Test

Standard for determining when speech can be limited based on the harm it may cause.

Prior Restraint

Government action that prevents materials from being published.

Ex Post Facto Laws

Laws that make an action illegal retroactively.

Bill of Attainder

Legislation that punishes a person without a trial.

Writ of Habeas Corpus

A court order requiring justification for the detention of an individual.

Probable Cause

A reasonable basis for believing that a crime may have been committed.

Exclusionary Rule

Legal principle preventing the use of illegally obtained evidence in court.

Grand Jury

Group that determines whether there is enough evidence for a trial.

Double Jeopardy

Prohibition against being tried for the same crime twice.

Miranda Rights

Rights given to an arrested person to inform them of their legal rights.

Wisconsin v. Yoder

Supreme Court case that ruled against forcing Amish children to attend school beyond 8th grade.

Engel v. Vitale

Supreme Court case that ruled against the mandatory recitation of prayer in public schools.

Schenck v. US

Supreme Court case that established the 'clear and present danger' test for free speech.

NYT v. US

Supreme Court case that upheld the right of the press to publish classified material.

Tinker v. Des Moines

Supreme Court case that upheld students' rights to free speech in public schools.

Separate but Equal

Doctrine that justified racial segregation as long as facilities were equal.

Affirmative Action

Policies that take factors like race and gender into account to benefit underrepresented groups.

Social Movement

A collective effort to promote or resist social change.

Second Amendment

Protects the right of the people to keep and bear arms.

Third Amendment

Prohibits the quartering of soldiers in private homes without the owner's consent.

Fourth Amendment

Protects against unreasonable searches and seizures; requires a warrant to be judicially sanctioned.

Fifth Amendment

Establishes the right to due process and protects against self-incrimination and double jeopardy.

Sixth Amendment

Guarantees the right to a fair and speedy public trial by jury, and the right to counsel.

Seventh Amendment

Guarantees the right to a jury trial in civil cases.

Eighth Amendment

Prohibits excessive fines and bail, as well as cruel and unusual punishment.

Ninth Amendment

Affirms that the enumeration of certain rights in the Constitution does not mean that others do not exist.

Tenth Amendment

States that powers not delegated to the federal government nor prohibited to the states are reserved to the states or the people.

Equal Protection Clause

prohibits states from denying any person within their jurisdiction "the equal protection of the laws

Lemon Test

A three-pronged test used by the Supreme Court to determine whether a law violates the Establishment Clause of the First Amendment. The test examines whether the law has a secular purpose, whether it advances or inhibits religion, and whether it fosters excessive government entanglement with religion.

According to Tinker v. Des Moines when can schools regulate student speech

Schools can restrict speech if conduct occurs on school grounds/supervision and disrupts school mission

To convict of Libel or Slander what must be proven

Statements were made with the knowledge that they were untrue

Letter from a Birmingham Jail

Letter written by MLK calling out the white moderates for their silence on civil rights

24th Amendment

Prohibits the use of poll taxes in federal elections.

Equal Credit Opportunity Act of 1974

A law that prohibits discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, or age.

Lily Ledbetter Equal Pay Act

A law aimed at closing the gender pay gap by extending the time period for filing equal pay lawsuits.

Education of All Handicapped Children Act

Mandates that public schools provide free and appropriate education to children with disabilities.

Americans with Disabilities Act (ADA)

Legislation that prohibits discrimination against individuals with disabilities in all areas of public life.

Obergefell v. Hodges

A Supreme Court case that ruled same-sex marriage is a constitutional right under the 14th Amendment.

Title VII

Part of the Civil Rights Act of 1964 that prohibits employment discrimination based on race, color, religion, sex, or national origin.

Don’t Ask, Don’t Tell Repeal Act of 2010

Legislation that ended the military's policy of prohibiting openly gay men and women from serving.