APUSGOPO Unit 3: Civics Liberties & Civil Rights

Civil Liberties

Protections the Constitution provides against the abuse of government power

Civil Rights

Protecting Certain Groups against Discrimination

Writ of Habeas Corpus

Article 1, Section 9 Relief from unlawful imprisonment, legal document

Ex Post Facto

A law that makes illegal an act that was legal when committed, Not Allowed in our Constitution

Bills of Attainder

Declaring a person or group guilty without a trial, Not allowed in our Constitution

Bill of Rights

Specific restrictions on the Federal Government, first 10 Amendments

1st Amendment

Freedom of Religion, Freedom of Speech, Freedom of Press, Right of people to gather together, Right to Petition the government

2nd 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.

3rd Amendment

Right not to have soldiers live in your house

4th Amendment

Right to not have the police search you or your belongings unreasonably or without probable cause

5th Amendment

Right not to incriminate yourself, Right not to be charged with the same offense twice, Right to have due process

6th Amendment

Right to have a speedy criminal trial, Right to have a jury in a criminal trial, Right to have a lawyer in a criminal trial

7th Amendment

Right to have a jury in a civil trial

8th Amendment

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

9th Amendment

Rights specifically listed in the Constitution (federal) shall not limit the rights not listed in the Constitution (state)

10th Amendment

Powers not specifically listed in the Constitution for the federal government are reserved (given) to the states

Due Process Clause

"No state shall deprive any person of life, liberty or property without the due process of law., 14th Amendment

Due Process

Appropriate legal procedures and safeguards must be followed,

Equal Protection Clause

"No state shall deny to any person within its jurisdiction the equal protection of the laws." 14th Amendment

Equal Protection

Laws, both federal and state, must provide equivalent protections to all people.

Selective Incorporation

SCOTUS has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th Amendment

Establishment Clause

"Congress shall make no law respecting an establishment of religion" 1st Amendment

Free Exercise Clause

no government interference with religious groups and their activities. 1st Amendment

Clear & Present Danger Test

Freedom of speech may be curtailed when it threatens public order

Libel

written statement defaming another by false statement, not protected speech

Slander

Defamatory oral statement, not protected speech

Obscenity

an extremely offensive word(s) or expression, not protected speech

Search Warrant

an order from a judge

authorizing the search of a place and describing what is to be searched and seized;

Probable Cause

Incident to an arrest crime is

being committed and or safety is a priority

Exclusionary Rule

evidence gathered in violation of the Constitution (if there was not probable cause or police did not get a search warrant) cannot be used in a trial

Indictment

a formal charge or accusation of a serious crime

Preferred Position Doctrine

SCOTUS believes speech is fundamental to liberty, therefore any limits must be a threat to the nation or life

Schneck vs. U.S.

Speech was not constitutionally protected because it posed a "clear & present danger" to the country.

Prior Restraint

censorship by the government, usually toward the media

Shield Laws

Some States have enacted laws (protections) for media that they do not have to name their sources

Three Part Obscenity Test

Miller vs. CA, Obscenity is NOT protected by the 1st Amendment. This test determines protected or unprotected

Freedom of Association

Government may not restrict the number or types of groups that a citizen may belong to, as long as those groups do not threaten national security

Lemon Test

SCOTUS with their decision in Lemon v. Kurtzman have created a three part test to determine if a law violates the Establishment Clause (Freedom of Religion)

Rights of the Accused

Many are found in the 5th Amendment, fundamental protections against governmental use of power

Warren Court

Under Chief Justice Earl Warren, SCOTUS expanded the protections granted to criminal defendants

Gideon v. Wainwright

Right to a lawyer in state trial

self-incrimination

a defendant cannot be forced to testify at trial, also defendant has the right to remain silent at the time of their arrest

Miranda v. Arizona

Your "rights" must be read to you, 5th, 6th, & 14th Amendments at the time of a defendant's arrest.

objective good faith

exception to unreasonable search in which the government presumed it was a legal search.

Inevitable Discovery Rule

SCOTUS has determined that illegally seized evidence that would have been found legally can also be admissible in court.

Cruel & Unusual Punishment

8th Amendment, not allowed yet the death penalty in states makes this up for debate.

Griswold v Connecticut

Established an Implied right to privacy as citizens

Roe v. Wade

SCOTUS established national abortion guidelines extending the inferred right of privacy in the Amendments.

13th Amendment

Makes Slavery Illegal (1865)

14th Amendment

Due Process & Equal Protection, Citizenship, Most of the Bill of Rights were not applied to State laws

15th Amendment

African Americans allowed to vote, states cannot ban

13th, 14th, & 15th Amendments

Civil War Amendments

Jim Crow Laws

Segregationist laws passed in the South

Poll taxes

A tax that must be paid to vote, discriminates against low income population, deprived many African Americans from voting.

Grandfather Clause

Allowed poor, illiterate whites to vote in the south, poll tax exemption for citizens whose grandfathers were allowed to vote prior to 15th

24th Amendment

Outlawed Poll Taxes

Civil Rights Act of 1964

Increased the rights of African-Americans AND gave the Federal government more power to enforce the law, cut money to states if they did not enact the 24th

Voting Rights Act of 1965

Allowed the federal government to step into any state with less than 50% registered voters or where there were literacy tests. Feds could register voters

Plessy v. Ferguson

SCOTUS established the "separate but equal" clause

Brown v. Board of Education

Overruled "separate but equal" doctrine

de facto segregation

segregated by neighborhoods that feed into a school system

de jure segregation

segregation by law (pre Brown v. Board)

Affirmative Action

programs which seek to create special employment opportunities for minorities, women, etc.

Reverse Discrimination

opponents of affirmative action argue that these programs penalize whites which is illegal under the Civil Rights Act of 1964

Family Leave Act of 1993

12 weeks of unpaid leave for Mothers and Fathers

Equal Rights Amendment

Failed amendment effort to guarantee fully women's equality under the law

19th Amendment

Guaranteed the right to vote for women

Lilly Ledbetter Fair Pay Act 2009

Closed a loophole on discriminatory suits to favor women's equal pay

sexual harassment

sexist or sexual behavior, physical or verbal, that creates a hostile work environment

abortion

terminating a pregnancy, controversial and prominent political issue since Roe v. Wade

26th Amendment

Extended the right to vote to 18 year olds

executive privilege

power of the executive branch to resist inquiries and subpoenas, except in criminal investigations