APGOV 3

Civil Liberties

Constitutional freedoms guaranteed to all citizens

civil rights

the rights of citizens to political and social freedom and equality.

Bill of Rights

The first ten amendments to the Constitution

Engle v. Vitale (1962)

Mandatory prayer in schools is a violation of the establishment clause

Wisconsin v. Yoder (1972)

The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the eighth grade because it would violate long-held religious beliefs.

Tinker v. Des Moines (1969)

Students in an Iowa school were suspended for wearing black armbands to protest the Vietnam war. Ruled that this suspension was unconstitutional, and that public school students do not "shed their constitutional rights at the schoolhouse door."

Schenck v. US (1919)

Oliver Wendell Holmes; clear and present danger test; shouting "fire" in a crowded theater; limits on speech, esp. in wartime.

New York Times v. US

Supreme Court case protecting the freedom of the press by allowing the New York Times to publish the "Pentagon Papers" despite the Justice Department's order to restrict it

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Second Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fourteenth Amendment

A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians.

Gideon v. Wainwright (1963)

Ordered states to provide lawyers for those unable to afford them in criminal proceedings. Warren Court's judicial activism in criminal rights.

McDonald v. Chicago (2010)

The Second Amendment that allows the people to keep and bear arms applies to state governments as well as the federal one

incorporation doctrine

the process by which the Bill of Rights was extended to the states and localities

selective incorporation

a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Roe v. Wade (1973)

Abortion rights fall within the privacy implied in the 14th amendment

Letter from Birmingham Jail

Letters written by MLK encouraging non-violent protest against segregation.

Brown v. Board of Education (1954)

unanimously held that the racial segregation of children in public schools violated the Equal Protection Clause of the 14th Amendment. Brown claimed that Topeka's racial segregation violated the Constitution's Equal Protection Clause because the city's black and white schools were not equal to each other and never could be. Overruled Plessy v. Ferguson's "separate but equal" doctrine and would eventually led to the desegregation of schools across the South