civil liberties and civil rights AP review

1. What rights are protected in the first amendment?

speech, peaceful assembly, petition grievances, religion, and press

2. What public funds can go to parochial (religious) schools?

the government may provide aid to religious schools as long as the aid is (1) secular in content, such as funding for bus subsidies or secular textbooks; (2) generally available to students in both public and private schools; and (3) primarily directed toward students rather than toward schools

-Lemon v Kurtzman

-Government money can be given to parochial schools provided it is not used in any way to purchase resources that could be used to teach religion.

3. How did the Burger Court define obscenity?

(Burger Court is referring to the Supreme Court) and defined obscenity as "utterly without socially redeeming value" to that which lacks "serious literary, artistic, political, or scientific value".

4. Is flag burning illegal?

yes- texas v johnson

5. Explain whether polygamy is protected by The First Amendment.

no- reynolds v us

6. What is the difference between the Free Exercise Clause and the Establishment Clause?

free exercise clause- you have the freedom to practice whatever religion or even no religion at all without persecution

establishment clause- the government cannot endorse any religion

7. Is the term "separation of Church and State" in the First Amendment?

no

8. Can a public school have a Bible study?

yes if student led and other religions are given equal opportunity

9. What clause of the constitution has the Congress used to regulate discrimination?

equal protection clause

10. What were some ways that whites subordinated Black political power after the civil war?

JIm crow laws: white primaries, poll taxes, grandfather clause, literacy tests, as well as basic segregation and dehumanizing

11. What laws did Congress pass to regulate discrimination?

Civil Rights Acts (Title II, VII, IX), Americans With Disabilities Act, Voting Rights Act, Fair Housing Act

12. Describe some Supreme Court rulings that help expand the rights of those accused of crimes.

-Miranda v Arizona: created the miranda rights (dealing with the 5th amendment and 6th)

-Gideon v Wainwright: right to a lawyer (6th amendment)

13. Can laws change opinion and behavior?

Behavior- of course because if you break laws, you go to jail, if you obey laws, you live good life

Opinion- not necessarily, congress could pass a law that you don't particularly agree with, but it is still a law you have to follow

14. Discuss the difference between equality of opportunity and equality of results.

Equality of opportunity: the idea that each person in society is guaranteed the same chance to succeed in life unhampered by artificial barriers, prejudices, or preferences

Equality of results: a state where people have the same amount of material wealth; elimination of material inequalities; transfer of wealth from rich to poor

15. In what way does the Constitution regulate equality?

14th amendment--equal protection clause--forbids states from denying anyone of their rights

16. Evaluate the legality of affirmative action y explaining recent Supreme Court rulings regarding affirmative action.

Regents of the University of California v Bakke: affirmative action (a government program to help prevent discrimination against women and minorities mostly with regard to employment and education) are not a violation to the 14th amendment equal protection clause, however quotas are not ok

17. What exceptions are there to the general rule against warrantless searches?

Probable clause?

18. Explain how the federal government has expanded power regarding civil rights throughout the 20th century.

-affirmative action

-fair housing act

-civil rights act

-abolishment of jim crow laws

19. Describe and analyze the expanding role of the government in combating discrimination and expanding economic equality.

getting bigger my dudez

20. Identify three Supreme Court cases and explain how they have expanded privacy rights.

Roe v Wade- abortion

Griswold v Connecticut- contraceptives in your house

Mapp v Ohio- protected from unreasonable search and seizure

22. Describe the state of our Fourth Amendment rights since 9/11.

patriot act

-the department of Justice (DOJ) created a post constitutional interpretation of the fourth amendment that allows it to access millions of records of Americans using only subpoenas, not search warrants

-technology (wiretapping)

-LESS

Tinker v Des Moines

C. Ruled that even students are entitled to certain rights at school

Miranda v Arizona

E. Ruled that an arrestee must be told of their rights

Heart of Atlanta Motel v U.S.

A. Upheld the constitutionality of the Civil Rights Act

Engel v Vitale

B. Ruled that the government could not violate the Establishment Clause

Mapp v Ohio

D. Ruled that states could not violate an individual's 4th Amendment rights

The First Amendment includes two clauses relating to the freedom of religion.

Free exercise clause and establishment clause

Select one of the following cases and identify the First Amendment clause upon which the United States Supreme Court based its decision.

● Engel v Vitale - Establishment Clause.

● Reynolds v U.S. -Free Exercise Clause

Describe the Supreme Court's decision in the case that you selected in (A).

Engel v Vitale: School is under the government and therefore cannot establish or favor one religion over another. Therefore prayer in school is unconstitutional unless done individually.

Reynolds v US: did not protect religious practices that were judged to be criminal such as bigamy. Those who practice polygamy could no more be exempt from the law than those who may wish to practice human sacrifice as part of their religious belief.

difference between civil rights and liberties

rights: protects groups from discrimination

liberties: protect individuals from federal government action

rights: normally looked at in the 14th amendment (equal protection clause)

liberties: freedoms found in the bill of rights