AP Gov Unit 3 - Civil Liberties and Civil Rights

Civil Liberties

Freedoms that protect you from government interference

Civil Rights

Protections that guarantee equal treatment under the law.

Habeas Corpus

A legal action that requires the government to justify a person’s detention

Bill of Attainder

Law that punishes a person or group without a trial

Ex Post Facto Law

Law that makes an action illegal after it has already been committed or increases punishment after the fact.

Probable Cause

Legal standard that requires law enforcement to have a valid reason to believe a crime has or is going to take place

Mapp v Ohio (exclusionary rule)

Prohibits prosecutors from using evidence that was gained from an unreasonable search and seizure in violation of the 4th Amendment

Double Jeopardy

From the 5th Amendment. Prevents people from being prosecuted twice for the same crime.

Death Penalty (Furman v Georgia)

Furman v Georgia ruled that the discriminatory application of this penalty constituted cruel and unusual punishment under the 8th and 14th Amendments.

Right to Privacy (Roe v Wade)

An implied constitutional right to be free from government interference in personal, intimate decisions. This SCOTUS cases ruling protects the right to have an abortion.

Constitutional Standard of Review: Rational Basis Test

Requires that a law be rationally related to a legitimate government interest.

Constitutional Standard of Review: Intermediate Scrutiny

Sometimes called “heightened” or “middle-tier” scrutiny. State courts commonly apply this scrutiny to claims that a law violates the right to “equal protection of laws.”

Constitutional Standard of Review: Strict Scrutiny

Reserved for laws that restrict the most fundamental rights

Suspect Classifications

A class of individuals who have been historically subject to discrimination.

Dred Scott v Sandford

In this case the Supreme Court ruled that enslaved people were not citizens and therefore could not expect any protection from the federal government or courts.

14th Amendment (Equal Protection Clause)

No state shall "deny to any person within its jurisdiction the equal protection of the laws"

14th Amendment (Due Process Clause)

No one shall be "deprived of life, liberty or property without due process of law" by the federal government.

13th Amendment

Formally abolished slavery and involuntary servitude throughout the United States, except as a punishment for a convicted crime

Black Codes

Restrictive laws passed by Southern states immediately after the Civil War, to control the labor, movements, and rights of newly freed African Americans.

15th Amendment

Prohibits federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude"

Poll Tax

Fee required to be paid in order to register or vote. Was primarily used in Southern states to prevent African Americans from voting.

Grandfather Clause

A clause in registration laws allowing people who do not meet registration requirements to vote if they or their ancestors had voted

1st Amendment

Speech/Press/Assembly/Religion

2nd Amendment

Bear arms

3rd Amendment

No quartering of soldiers

4th Amendment

No unreasonable searches or seizures/Exclusionary rule

5th Amendment

Just compensation/Self-incrimination/Double jeopardy/Grand jury indictment

6th Amendment

Public trial/Right to counsel/Confrontation of witnesses/Impartial trial/Speedy trial/Compulsory trial/Criminal trial

7th Amendment

Jury trial in civil cases

8th Amendment

No cruel and unusual punishment/no excessive bail

9th Amendment

Protects the rights of Americans that are not specifically listed in the Constitution

10th Amendment

Powers not delegated to the government are reserved to the states/people

Due Process

Legal requirement under the 5th & 14th Amendments that the government must act fairly and abide by established rules before depriving anyone of life, liberty, or property

Substantive Due Process

Constitutional doctrine that protects certain fundamental rights from government interference, ensuring that laws and regulations are fair and just.

Procedural Due Process

requires the government to follow fair, established legal steps (notice, hearing, impartial judge) before depriving individuals of life, liberty, or property

Selective Incorporation (Gitlow v New York (1925))

Supreme Court’s case-by-case application of the Bill of Rights to the state governments, rather than just the federal government, through the Fourteenth Amendment. Gitlow v. New York established the doctrine, ruling that the 1st Amendment’s protection of free speech applies to state governments via the 14th Amendment’s Due Process Clause.

Establishment Clause

Found in the 1st Amendment. Prohibits the government from creating a state religion, favoring one religion over another, or favoring religion over non-religion.

Free Excersize Clause

Found in 1st Amendment. Prohibits the government from interfering with an individual's right to practice their religion as they please.

Lemon Test

Used by the Supreme Court to determine if government actions violate the 1st Amendment's Establishment Clause. To be constitutional a law must have:

• A secular purpose (legitimate, non-religious, and secular legislative purpose to comply with the Establishment Clause)

• A primary effect that neither advances nor inhibits religion

• Avoid excessive government entanglement with religion

Time, Place, Manner Test

Legal framework used by courts that govern how governments can impose restrictions on expressive activities, such as speech and assembly, in public spaces. To be valid, regulations must be:

• content-neutral

• narrowly tailored to serve a significant government interest

• leave open ample alternative channels for communication

Libel/Slander (Actual Malice)

Defamatory, false statements that damage a person’s reputation and are not protected by the 1st Amendment. To win a lawsuit, public officials/figures must prove "actual malice"—that the statement was made with knowledge of its falsity or reckless disregard for the truth.

Miller Test (obscenity)

Used by Supreme Court to define obscenity, which is not protected by the First Amendment. It assesses if material:

• appeals to prurient interests

• Is patently offensive

• lacks serious value

Miranda Rights (Self Incrimination)

Statements required of police that inform a suspect of his or her constitutional rights protected by the 5th Amendment, including the right to an attorney provided by the court if the suspect cannot afford one

Jim Crow Laws

Segregation Laws enacted by southern states that required segregation in public places like public schools, theaters, hotels, etc.

National Association for the Advancement of Colored People (NAACP)

Civil rights organization for advancing justice and ensuring equality for everyone.

De facto vs De jure Segregation

Government vs Society. De facto is racial discrimination from practice (like housing or other social/institutional nongovernmental factors), and de jure is racial segregation as a result of law or official policy.

Affirmative Action

Policies made to give special attention/compensatory treatment to members of a previously disadvantaged group.

Civil Rights Act of 1964

Outlawed segregation and discrimination. Legislation passed by Congress that outlawed segregation in public facilities and discrimination in employment, education, and voting.

24th Amendment

Prohibits Congress and states from using poll taxes

Voting Rights Act of 1965

Outlawed discriminatory voting practices (like literacy tests). Aimed to end racial discrimination in voting.

19th Amendment

Guaranteed that the right to vote can’t be denied based on sex

Title lX of the Higher Education Act of 1972

Clause from the Education Amendments of 1972 that prohibits educational institutions that receive federal funds from discriminating against female students

Equal Pay Act of 1963

Legislation that requires employers to pay men and women equal pay for equal work.

Family and Medical Leave Act of 1993

Requires employers to provide eligible employees with up to 12 weeks of job-protected, unpaid leave for qualified medical and family reasons.

Equal Rights Amendment

Proposed amendment to the Constitution that states “Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex.”

Americans With Disabilities Act (1990)

Prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and public/private places open to the general public.

Korematsu v United States

Supreme Court ruled that the forced relocation and incarceration of Japanese Americans during WWII was a valid exercise of war powers, not based on race.

Age Discrimination Act of 1967

Protects applicants and employees 40 years or older from employment discrimination based on age.

Prior Restraint

A form of government censorship that prohibits speech or other expression before it takes place. New York Times Co. v. United States (1971) ruled it unconstitutional.

Clear and Present Danger Test

Legal doctrine established in Schenck v. United States to determine when speech loses 1st Amendment protection. It holds that government may limit speech if it creates an immediate, serious threat of substantive evils, such as hindering wartime efforts or inciting violence

Symbolic Speech

Nonverbal actions, symbols, or conduct intended to convey a particular message, which are protected under the 1st Amendment. Ex: wearing black armbands (Tinker v. Des Moines)

Context of MLK Jr’s Letter from Birmingham Jail

Response to Alabama clergymen (male priest, minister, or religious leader) who criticized his nonviolent campaign against segregation as untimely

Constitutional Ideas of MLK Jr’s Letter from Birmingham Jail

• Equal Protection Under the Law (14th Amendment): King argues that segregation laws are unconstitutional and immoral because they degrade human personality.

• Right to Protest (1st Amendment): Letter defends the right to peacefully assemble and petition for the redress of grievances (direct action) when legal avenues are slow or blocked

• Civil Disobedience and “Unjust Laws”: Citizens have a moral responsibility to disobey unjust, segregationist laws that do not align with moral or divine law, a concept rooted in natural rights philosophy.

• Equality and Natural Rights: He emphasizes that the African American struggle is aimed at securing constitutional and God-given rights that have been denied

Key Arguments/Defense of MLK Jr’s Letter from Birmingham Jail

defends nonviolent direct action to combat systemic injustice, arguing that moral responsibility outweighs legal obligation to unjust laws. Written to critics, it justifies breaking segregation laws, exposes white moderate inaction, and rejects "waiting" for equality