Civil Liberties and Civil Rights Vocab AP GOV

14th Amendment

State governments cannot deny rights

Clear and present danger test

Comes from schenk V. US

Due process of law

everyone is entitled to the same legal system

Equal protection of the law

The law applies equally to everyone

Establishment clause

• The U.S. government cannot endorse a specific religion

• Lemon Test

• Engle V. Vitale (1962)

Wall-of-separation

• Religion is not part of our government

  • Why? It was noticed that when religion and government mixed, corruption began.

Ex post facto

• Cannot be held accountable for a law that didn’t exist.

• Creates a law that makes a crime illegal after the crime was committed.

Exclusionary Rule

• Evidence that is illegally obtained cannot be used in court.

• Fourth amendment

free exercise clause

• Protects the right to practice religion freely unless actions harm the majority (the people). 

freedom of religion

• All religions are allowed to be exercised and the government cannot have an official religion.

Habeas corpus

• Judicial order that protects the people and says that they must be presented in front of a judge before arrest to be told why they are being punished.

miranda warning

• When an arrest is made, criminals must be made aware of their 5th and 6th amendment rights.

• Right to attorney and right to remain silent.

obscenity

• refers to speech lacking first amendment protection

selective incorporation

• The 14th amendment applied the bill of rights to the states.

self incrimination

• saying something that can be used against you in court

symbolic speech

• Non verbal speech protected by the government

The federalists had no need for a Bill of Rights because…

• They weren't sure what rights that the people of the future would need. They did not think that permanent rules (rights) would be needed or wanted in the future.

• separation of powers and checks and balances protected rights, the bill of rights wasn't really needed.

Anti-Federalists

Fear of strong central government

Freedom of (speech) expression

• Verbal speech, symbolic speech (flag outside of home, shirt with message), written speech

• Some speech is not allowed: 

  • Threatens national security

  • obscenity as determined by courts

  • Hate speech

  • Lying (especially on public broadcast/media)

Freedom of (assembly) expression

• The government cannot restrict people from gathering, but limitation on when and where can be put into place.

• When an assembly infringes on the rights of others, changes are made by gov.

Freedom to (petition) expression

• The government cannot prohibit and punish people from criticizing the government.

freedom of (religion) expression

• Establishment clause: Government will not have an official religion or favor one over the other.

• Free exercise clause: Individuals can worship any religion that they want.

First Amendment

Freedom of expression

Freedom of (Press) Expression

• Government cannot censor or block media content

• Open media is required

Second amendment

Right to bear arms

• Can own a gun.

• Created to give the people the ability to overthrow the government.

Third Amendment

Quartering

• The government will not station troops in your home.

• Influenced by the Boston Tea party when British soldiers stationed in houses.

Fourth Amendment

Search and seizure

• Protection from unreasonable search and seizure.

• The only way to get access to homes is by getting a warrant.

• Police ask for permission from judge and if the judge accepts, they will write exactly what they can do in that home.

Fifth amendment

Due process, self-incrimination, Double jeopardy, Grand Jury, Eminent domain

5th amendment (Due process)

• Everyone goes through the same procedure when accused of a crime.

5th amendment (self-incrimination)

• The right to remain silent (“I plead the fifth”)

5th amendment (Double jeopardy)

• A person who is found innocent can never have that charge brought against them again (Specific incident).

5th amendment (Grand Jury)

• Trial before the trial

  • Before a trial, the lawyers will go before a judge to confirm that a case is valid.

5th amendment (eminent domain)

• The government can take your land but they must pay the full market value of the land.

Sixth amendment

• PUBLIC TRIAL: Courts are open to the public

• SPEEDY TRIAL: Trial must occur within a reasonable timeframe.

• RIGHT TO ATTORNEY: If you cannot afford an attorney, the government will provide one for you.

Seventh amendment

Trial by Jeuy

• The right to have your trial heard by a jury of local citizens.

• At the district level, JURY decides the result of the case.

Eighth Amendment

Cruel an unusual punishment

ninth amendment

All rights are not included in the bill of rights and constitution— implicit rights

tenth amendment

Any power not in the constitution is reserved for the state.

19th amendment

established women’s voting rights

affirmative action

• A program to fight discrimination by setting rigid quotas when deciding applicants.

age discrimination in employment act

• Mandate– states and businesses must follow

• No business or state can force someone to resign or retire due to age until they are 70.

Americans with Disabilities Act 1990

Mandate

• No state or business can discriminate based on disability.

• Gov buildings must be accessible

Civil rights

laws apply to everyone equally

Civil Rights Act of 1964

• mandate

• states and businesses cannot discriminate based on income, race, age, gender.

De facto segregation

• Segregation by culture/custom

• Ex: People choose to move to areas with people similar to them. Certain areas in Chicago have areas with a predominant background.

De Jure segregation

• Segregation by law

• ILLEGAL

• Ex: segregation in schools

Equal protection clause

• No state will discriminate against people under the law

Equal Rights Amendment (ERA) 1972

• Did NOT pass

• People believe that men and women may need different policies 

• Concern about the army draft. If ERA passed, women would have to be in the draft too and people didn't believe in this.

• Under the law, men and women are completely equal

equality of opportunity

• Philosophy about how to get equality

• In order to gain equality, all labels (race, gender, income, background) are removed.

• Let employers hire whoever they want → Opportunity is open to everyone.

• NO bias

Equality of result

• Philosophy about how to get equality

• Set quotas for people from different groups (in hiring/application context).

jim crow laws

• The segregation laws of the south in the early 1900s

reverse discrimination

• When rules about discrimination are so abundant that the plans backfire and discriminate against the majority.

right to privacy

• People have certain amounts of protection from the government intruding on their life.

• Implied right

separate but equal doctrine

• Unconstitutional

• Argued that segregation is allowed as long as the separated groups/ things are equal.

suspect classification

• Any time a law or policy specifically mentions a certain group of people

• Laws and policies should not single out a group of people

Title IX (Education Amendment Act of 1972)

• MANDATE to protect women

• All government funding will be equal for men and women.

voting rights act of 1965

• MANDATE that outlaws discrimination at polls

• No tests to be allowed to register for voting

• Ballots must be offered in foreign languages.

letter from Birmingham jail

• Written from jail by Mr. Luther King

• explains the strategy of non violent protest for civil rights.

• Civil disobedience, the damage of racism, and how discrimination hurts the ocuntry as a whole.

Engel v. Vitale (1962)

• strengthened the establishment clause

• Public school prayer is unconstitutional

• New York schools held a non denominational prayer at the beginning of each school day, which resulted in parents suing. 

• Engle was the families and Vitale was New York—--- Families won and New York lost

Lemon V. Kurtzman (Lemon test)

• Secular (religious) purpose

• neither advance nor inhibit religion

• avoid excessive entanglement

Wisconsin v. Yoder (1972)

• Strengthened free exercise clause.

• Wisconsin mandated school attendance until 16 years.

• The Amish didn't want to send their kids to school for that long, and they won.

Tinker v. Des Moines (1969)

• strengthened freedom of expression

• High school students banned form wearing black armbands to school in disagreement with the Vietnam war.

• Ruled the schools policy unconstitutional

New York Times Co. v. U.S. (1971)

• Unconstitutional for the gov to block the New York times from posting military documents.

• Gov argued that it violated national security but the New York Times argued that it was freedom of the press.

• The newspaper won

Schenck v. U.S. (1919)

• The government won and weakened freedom of speech.

• Schenck encouraged young men to disregard draft calls, and as a result, he was arrested.

• He argued that it was freedom of speech but the government said that national security was threatened.

Gideon v. Wainwright (1963)

• The man was arrested but he couldn't afford a lawyer. 

• In jail, he studied the appeal process and wrote his own legal appeal. 

• He ended up winning. 

• 6th amendment applies to states

McDonald v. Chicago (2010)

• Guns were banned and McDonald sued saying that it violated the 2nd amendment.

• Illegal to ban handgun ownership.

Brown v. Board of Education (1954)

• Separate but equal doctrine was declared unconstitutional.

• The board of education in Kansas had segregated schools.

• Students sued, saying that it was unconstitutional.