AP GOV
Section 1: Learning Targets
By the end of this chapter, you should be able to:
Describe the constitutional basis for presidential powers and the formal and informal powers of the president (5.1).
Explain the role of the Cabinet, bureaucracy, and Executive Office of the President in supporting the president (5.2).
Identify how Congress and the Supreme Court can limit presidential power and analyze the War Powers Resolution (5.3).
Explain how modern presidents interact with Congress, the public, and the executive branch, including the roles of the vice president and first spouse (5.4).
Evaluate how presidents have used their powers in the War on Terror and analyze Supreme Court decisions and controversies regarding national security and citizen rights (5.5).
Chapter 5 Learning Targets – Presidential Power and the War on Terror 5.1 Explain how presidents have used their powers in the fight against terrorism
After 9/11, President George W. Bush used his commander-in-chief powers (Article II) to respond quickly:
Called Ready Reserve troops to active duty.
Seized assets and blocked transactions linked to terrorists.
Created the Office of Homeland Security.
Bush used executive orders to act fast without waiting for Congress.
Later, President Obama used drone strikes and targeted killings against terrorists abroad—also without direct congressional approval.
Both presidents claimed authority under the Authorization for Use of Military Force (AUMF, 2001) and Article II powers.
5.2 – The Constitution and the American Presidency
Framers’ Intent
The framers wanted a strong but limited executive — powerful enough to lead, but not like a monarchy.
They created one president (not a council) to ensure energy, unity, and accountability (from Federalist No. 70 by Hamilton).
Presidential Selection & Qualifications
Elected by the Electoral College, not by direct popular vote — a compromise between big and small states.
Term: 4 years, with possibility of reelection.
22nd Amendment (1951): limits presidents to two elected terms (after FDR served 4).
Qualifications (Article II, Sec. 1):
Natural-born citizen
At least 35 years old
Resident of the U.S. for 14 years
Federalist No. 70
Hamilton’s argument: A single energetic executive is essential for:
Protection against foreign attacks
Execution of laws
Protection of liberty and property
Believed a single president ensures decisiveness, secrecy, and accountability.
Formal (Enumerated) Powers
Explicitly listed in the Constitution:
Chief Executive – Enforces laws, manages the bureaucracy, and appoints cabinet officials.
Chief Diplomat – Negotiates treaties (needs 2/3 Senate approval), appoints ambassadors, and directs foreign policy.
Commander in Chief – Leads the military; can respond to threats quickly but Congress declares war.
Chief Legislator – Gives State of the Union, recommends policies, and can veto or pocket veto bills.
Judicial Power – Grants reprieves and pardons for federal offenses.
Informal Powers (Implied/Derived)
Not written in the Constitution but used to carry out duties:
Executive Orders – Direct federal agencies (don’t need congressional approval).
Executive Agreements – Deals with foreign nations without Senate approval (less permanent than treaties).
Signing Statements – Notes added when signing bills, sometimes altering interpretation or enforcement.
Executive Privilege – Right to keep internal communications confidential.
Public Appeals & Bargaining – Persuading Congress and influencing public opinion.
Influence over the Bureaucracy
Presidents appoint and direct cabinet members and agency heads.
Can issue executive orders to guide implementation of laws.
Can use the budget to reward or punish agencies.
But—bureaucracy is large and hard to control completely.
Checks on Presidential Power
Congress: can override vetoes, control funding, and conduct oversight.
Courts: can rule actions unconstitutional (e.g., limit executive privilege).
Overview
Presidency designed to be strong but checked by Congress and courts.
Presidents rely on Congress for laws, funding, confirmations; Supreme Court can overturn unconstitutional actions.
Congressional Checks
President’s Power | Congressional Check |
|---|---|
Execute laws | Investigate or impeach president |
Submit budget | Approve/reject budget |
Appoint officials | Senate confirms or blocks nominees |
Negotiate treaties | Senate ratifies (2/3 vote) |
Veto bills | Congress overrides with 2/3 vote |
Command military | Congress declares war & funds military |
Grant pardons | Congress can impeach officials |
War Powers Resolution (1973)
Limits presidential war powers; passed over Nixon’s veto.
President can deploy troops if:
Congress declares war
Congress authorizes action
U.S. is attacked
Must notify Congress within 48 hours; withdraw in 60 days (plus 30 if needed) unless approved.
Presidents often claim it’s unconstitutional.
🟢 AP Tip: Key example of Congress checking executive power.
Impeachment
House: brings charges (majority vote)
Senate: holds trial, 2/3 vote to remove
Chief Justice presides over presidential trials
Political process, not criminal—official can face prosecution later
Judicial Checks
Judicial review allows courts to strike down unconstitutional actions
U.S. v. Nixon (1974): limited executive privilege
Modern examples:
Obama’s immigration order → blocked
Trump’s travel ban → partially upheld, then revised
Key Takeaways
Congress: controls funding, war, confirmations, vetoes, impeachment
Courts: limit actions through judicial review
Overall: Presidential power balanced by other branches to prevent abuse
S
5.4 – The Modern Presidency in Context
Overview
Presidents depend on others; limited by bureaucracy, Congress, and public opinion.
Bureaucrats often stay across administrations, slowing presidential initiatives.
Vice Presidency
Originally weak; Twelfth Amendment (1804) separates votes for president and VP.
Constitutional roles:
President of the Senate (votes to break ties)
Succeeds president if office is vacated
Twenty-Fifth Amendment (1967) sets modern succession/replacement process.
Modern VPs often play larger roles, chosen to balance the ticket.
Example: Gerald Ford became VP (1973) and then president (1974).
First Spouse
No formal power; serves as advisor and public representative.
Often focuses on causes (e.g., Eleanor Roosevelt—civil rights, Michelle Obama—health).
Executive Office of the President (EOP)
Created 1939 (FDR) to manage government responsibilities.
2,000–2,500 staff in offices like:
OMB: develops budget
NSC: coordinates foreign policy
CEA: advises on economy
White House Office: close advisors, communications, press secretary
President and Congress
Presidents act as party leaders; must bargain/persuade Congress.
Gridlock common under divided government.
President and the Public
Public opinion can expand or limit power.
“Go public” strategy uses media and speeches to rally support.
Approval ratings influence bargaining power.
Trends in Approval
Honeymoon period: highest early in term
Ratings usually decline but may rise during crises (e.g., George W. Bush 90% after 9/11)
Example – DACA (Obama, 2012)
Protected undocumented youth from deportation
Critics: executive overreach; supporters: compassionate reform
Courts limited presidential attempts to end it
5.5 – The War on Terror and Presidential Power
Overview
21st-century presidents face terrorism without clear borders.
In crises, presidential power expands since they can act faster than Congress or courts.
The nation often looks to the president for leadership during emergencies.
Supreme Court Limits
Hamdi v. Rumsfeld (2002): Even in war, the president can’t violate citizens’ rights.
U.S. citizens accused of terrorism must get a hearing.
“A state of war is not a blank check for the president.”
The Paradox of Power
Presidential power comes from the Constitution, politics, and crises.
Presidents must balance strong leadership with checks and balances.
Example: Bush and Obama used drone strikes on U.S. citizens (e.g., Anwar al-Awlaki), raising debate over executive power vs. rights.
Eric Holder’s 2013 Memo
Justified al-Awlaki’s drone strike, saying he was an imminent threat and capture wasn’t possible.
Critics said it gave presidents unchecked power to kill citizens without trial.
Key Takeaways
Hamdi v. Rumsfeld: Citizens have due process rights even in wartime.
The War on Terror expanded presidential power, especially in military and security decisions.
Presidents can respond faster than Congress or courts, but this raises constitutional and ethical concerns.
The balance between security and liberty remains a major debate in modern presidential power.
Reasons national defense issues expand power:
Speed and secrecy needed to combat terrorist networks.
Technology (drones, cyber operations) enables unilateral action.
Chapter 6 Study Guide: The Federal Judiciary
Section 1: Learning Targets
By the end of this chapter, you should be able to:
Describe the structure and organization of the federal judiciary and differentiate it from state courts (6.1–6.4).
Explain the difference between criminal and civil law and how cases are processed in federal and state courts (6.3).
Explain how the Supreme Court selects cases, issues decisions, and sets precedent (6.4).
Compare and contrast judicial restraint and judicial activism, and analyze the Supreme Court’s role in policymaking and protecting civil liberties (6.5).
Section 2: 6.1 The Role of the Federal Judiciary
AP Gov — 6.1 Judicial Independence from Money & Politics
Federalist No. 78 (Alexander Hamilton)
Judiciary = “least dangerous branch.”
Judges need life tenure and salary protection to stay independent.
Purpose: protect liberty, rule of law, and act as a check on other branches.
Judicial Selection
Federal judges: Appointed by President, confirmed by Senate, serve for life → insulated from politics.
State judges: Many are elected → exposed to money and political influence.
About 90% of state judges face elections.
38 states elect state supreme court justices.
Money & Politics in Courts
Judicial campaign spending keeps rising.
“Dark money” = anonymous campaign donations.
Sandra Day O’Connor warned this could make it seem like “justice is for sale.”
Caperton v. Massey Coal Co. (2009)
CEO spent $3 million to elect a WV judge who later ruled in his favor.
Issue: Violation of 14th Amendment Due Process (bias).
Ruling: Yes — appearance of bias requires recusal.
Significance: Reinforced need for judicial impartiality and independence.
AP Gov — 6.2 The Constitution & the Federal Judiciary
Constitutional Design
Delegates wanted an independent judiciary.
Judges serve for life (good behavior) with protected salaries.
President nominates, Senate confirms (advice & consent).
Purpose: Insulate judges from politics and other branches.
Article III: The Federal Judiciary
Judiciary = third branch, least detailed in the Constitution.
Establishes one Supreme Court, lets Congress create lower courts.
Supremacy Clause → Federal law & Constitution = “supreme law of the land.”
Judicial Power extends to all cases involving Constitution, U.S. laws, or treaties.
Types of Jurisdiction
Original jurisdiction: Court hears a case first (finds facts).
Appellate jurisdiction: Court reviews lower court decisions; does not find new facts.
Supreme Court has both (in certain cases).
Antifederalists vs. Federalists
Antifederalists (Brutus No. 11): feared unelected judges would gain too much power and ignore limits.
Federalist No. 78 (Hamilton): reassured judiciary is the “least dangerous branch” — has neither sword nor purse, only judgment.
Courts need independence to uphold the Constitution and protect rights.
Judiciary Act of 1789
Created lower courts (district + circuit courts).
Set Supreme Court at 6 justices (changed to 9 in 1869).
Helped organize the federal court system beyond the Constitution.
Appointment Process
President nominates, Senate confirms by majority vote.
Life tenure = lasting presidential influence.
Senatorial courtesy: President consults senators from the nominee’s state for district judges.
Filibuster rule changes:
2013 → lower court nominees need only simple majority.
2017 → Supreme Court nominees also need simple majority (used for Neil Gorsuch).
Politics in Nominations
No constitutional requirements to be a judge.
Presidents pick nominees with shared judicial philosophy.
Experience, integrity, and legal skill matter for confirmation.
Confirmations for higher courts = more political & contentious.
Justices may rule differently than presidents expect once confirmed.
6.3 POwer of the Supremem Court 🏛 Key Case: Marbury v. Madison (1803)
Chief Justice: John Marshall
Outcome: Established judicial review — the Supreme Court’s power to declare laws or executive actions unconstitutional.
Significance: Made the Supreme Court a coequal branch of government.
⚖ Background
Election of 1800: Bitter election between John Adams (Federalist) and Thomas Jefferson (Democratic-Republican).
Judiciary Act of 1801: Adams and Federalists created new judge positions (“midnight judges”) before leaving office.
William Marbury didn’t receive his commission; sued James Madison (Jefferson’s Secretary of State) to get it.
🧠 Marshall’s Three Questions
Did Marbury have a right to his commission? → ✅ Yes
Was there a legal remedy? → ✅ Yes
Could the Supreme Court issue it (writ of mandamus)? → ❌ No — the Judiciary Act of 1789 gave the Court power not allowed by the Constitution (expanded original jurisdiction).
📜 Impact
The Judiciary Act of 1789 section was unconstitutional.
Marshall declared, “A law repugnant to the Constitution is void.”
Judicial Review: Courts can strike down federal or state laws and executive actions that conflict with the Constitution.
Strengthened the judicial branch’s independence and authority.
📚 Connections
Federalist No. 78 (Hamilton): Courts are the least dangerous branch; they have judgment but not force or will.
Judicial review ensures that the Constitution — not Congress or the President — is supreme.
6.4 Organization of the Federal Judiciary 🏛 The Federal Judiciary: Key Points
Two Court Systems
U.S. has two levels: federal and state courts.
Each state runs its own judiciary, plus there’s a single federal judiciary.
⚖ Criminal vs. Civil Law
Criminal law: actions that harm the community.
Gov’t is prosecutor, accused is defendant.
Rights: 5th & 6th Amendments (no self-incrimination, speedy trial, attorney, impartial jury).
Double jeopardy protection (5th).
Civil law: disputes between individuals or groups.
Plaintiff (party claiming harm) vs. defendant.
Can be decided by a judge or jury.
🏛 State Courts
Handle most U.S. cases (both criminal + civil).
Trial courts = original jurisdiction.
Appellate courts = review lower cases.
State supreme court = highest state level.
Federal cases can arise from state courts if constitutional question is involved.
⚖ Federal Court Structure (3 Levels)
Federal District Courts
Lowest level, 94 total.
Original jurisdiction (trial courts).
Guaranteed jury trials in federal criminal & some civil cases.
Federal Courts of Appeals
Middle level, 13 circuits.
Appellate jurisdiction only (review lower court decisions).
U.S. Supreme Court
Highest court, 9 justices.
Original jurisdiction (cases with states or ambassadors).
Appellate jurisdiction in most other cases.
Resolves differences between states and lower courts.
⚖ Supreme Court Procedures
Receives 8,000–9,000 petitions/year, hears ~70–80 (<1%).
Rule of Four: 4 justices must agree to hear a case.
Writ of certiorari (cert): request for lower court records.
Takes cases with conflicting lower-court rulings or constitutional questions.
Precedent: past rulings guide future cases.
Stare decisis: let previous decision stand.
Opinions
Majority opinion: binding ruling; sets precedent.
Concurring opinion: agrees with majority, different reasoning.
Dissenting opinion: disagrees; not precedent but may influence future cases.
6.5 Judicial Review & Const. Interpretation
Justices = lifetime appointment (removable only by impeachment).
Can strike down laws → seen as undemocratic (“despotic branch” concern).
Decisions affect law, legitimacy, minority rights.
🧠 Interpretation Theories
Judicial Restraint
Rarely use review; defer to Congress/Prez.
Avoid overturning majority will; justices ≠ policy experts.
Boosts Court legitimacy if used sparingly.
Judicial Activism
Bold use of review to protect rights.
May overturn laws, create precedents; protects minorities.
Not ideology-dependent.
Ex: NFIB v. Sebelius (2012) — ACA upheld: activism (expanded taxing power) + restraint (deferred to Congress).
⚖ Bickel’s “Countermajoritarian Difficulty”
Overturn law → risks democracy.
Uphold law → still shapes democracy.
Avoid case → preserves legitimacy (“most imp: not doing” – Brandeis).
🏛 Limits on SC
Prez nominates, Senate confirms.
Congress sets size, creates lower courts, can amend/rewrite laws.
Court lacks enforcement → relies on exec/legis.
Ex: Worcester v. GA (1832) ignored; Brown v. Bd (1954) needed Congress/Prez to enforce.
🧩 SC & Policymaking
Shapes policy via precedent & review.
Relies on public trust for legitimacy.
Stabilizes controversial issues (e.g., same-sex marriage).
LEARNING TARGETS
After reading this chapter, you will be able to
7.1 Explain how the federal bureaucracy carries out the responsibilities
of government.
7.2 Explain how the federal bureaucracy uses its authority to create
and implement regulations.
564
7.3 Explain the role of the bureaucracy in the policymaking process.
7.4 Explain how Congress, the president, and the courts can hold the
bureaucracy accountable.
Chapter 7.1 Study Guide
How the Bureaucracy Is Organized
What the Bureaucracy Does
Part of the executive branch.
Affects everyday life: product safety, workplaces, environment, time zones.
Bureaucrats = government workers in agencies.
How It Grew
U.S. population + territory expanded.
Government responsibilities became more complex.
Americans demanded more services.
Wars and crises caused major growth.
Constitution + Early Departments
Article II lets the president get advice from department heads.
First Cabinet: State, War (Defense), Treasury, Attorney General.
President appoints secretaries; Senate approves.
Jackson + Patronage
Andrew Jackson used political patronage (reward jobs for support).
Led to standardized rules, building the early bureaucracy.
Pendleton Act + Merit System
Pendleton Act (1883) ended patronage.
Created Civil Service Commission.
Hired workers based on tests and qualifications (merit).
By 2016, over 90% of workers were merit-based.
Chapter 7.2 (Short Notes)
The Structure of the Modern Federal Bureaucracy
💼 The Modern Bureaucracy
The federal bureaucracy = many organizations inside the executive branch.
The president must ensure agencies carry out the laws.
President appoints top officials (Senate must confirm).
When the bureaucracy messes up → public blames the president.
🏛 Cabinet Departments
15 Cabinet departments (like Defense, State, Education).
Congress creates and funds departments.
Each focuses on a major policy area and has smaller subunits.
Cabinet secretaries lead departments:
Appointed by president
Confirmed by Senate
Must balance: president’s goals, Congress, public pressure, and interest groups.
Most Recent Department
Department of Homeland Security (DHS), created in 2002 after 9/11.
Combined 22 agencies to improve national security and emergency response.
👥 Who Works in the Bureaucracy?
1. Political Appointees
Top level (secretaries, deputies).
Serve at the pleasure of the president.
About 6,500 political appointees, 1,500 need Senate approval.
Usually temporary—leave when the administration changes.
2. Senior Executive Service (SES)
High-ranking career officials.
More stable than appointees; act like managers (similar to vice presidents in companies).
Expected to get results.
3. Career Civil Servants
Make up the majority.
Hired and promoted through the merit system (exams, qualifications).
Organized by GS (General Schedule) levels.
Strong job protections to prevent political firing.
📈 📈 Growth of the Bureaucracy
Measured by: number of employees, amount of regulations, and cost of enforcing rules.
It grows because of complex national issues, need for uniform rules, and crises.
Measurements don’t show performance or benefits (ex: safety or environmental gains).
🔺 Iron Triangles
Stable alliances between agencies, Congress, and interest groups.
Each side supports the others (funding, regulations, electoral support).
Can work against public interest.
🌐 Issue Networks
Larger, temporary coalitions of interest groups, experts, and policymakers.
Form around specific issues; more flexible and competitive than iron triangles.
📘 AP Gov Chapter 7.3 — The Bureaucracy & Policymaking (Short Notes)
⭐ Big Idea
The bureaucracy implements laws, makes rules, settles disputes, and shapes policy throughout the policymaking process.
1⃣ Defining the Problem
First step: deciding what the problem is.
Whoever defines the problem gains major power.
Getting an issue onto the policy agenda = crucial.
Agenda access depends on politics, public opinion, and timing.
2⃣ Congress Acts
After an issue gets on the agenda:
Congress debates it
Passes a law
President signs it
Congress must also fund the policy, or it can’t be carried out.
3⃣ Implementation (Main Bureaucratic Job)
Implementation = putting laws into action.
Why it’s complicated:
New policies must fit with existing ones.
Bureaucrats often have key technical expertise.
Presidents and appointees can’t always override experts.
Many bureaucrats are street-level bureaucrats (police, teachers, social workers) who interact with citizens and sometimes “bend the rules” to get the job done.
4⃣ Bureaucratic Discretion
Bureaucratic discretion = agencies decide how to enforce laws and interpret vague parts.
Congress usually sets broad goals, leaving details to agencies because:
Policies are complex
Technical knowledge is needed
Agencies need flexibility
5⃣ Regulation (Rulemaking Process)
Agencies make rules that have the force of law.
Steps:
Propose rule
Notice and comment (public and interest groups respond)
Final rule published in the Federal Register
Regulations hold the same power as:
Laws
Executive orders
Court decisions
Types of Regulatory Agencies
Most are inside the executive branch (ex: EPA)
About 20 independent commissions (ex: FCC, SEC)
Leaders have fixed terms → more insulated from politics
6⃣ Bureaucratic Adjudication
Agencies act like courts in certain cases.
They settle disputes about rules and decide who is covered by a program.
Can issue fines and penalties.
7⃣ Bureaucracy as Representation
Career civil servants reflect national diversity more than Cabinet secretaries.
A “representative bureaucracy” increases trust and legitimacy.
8⃣ Political Limits — The Hatch Act
Prevents federal employees from participating in partisan political activity.
Federal Employees Political Activities Act (1993) relaxed rules:
Many can now donate, campaign, or run in nonpartisan elections
Still cannot use official authority for politics
9⃣ Evaluation & Termination
Evaluation = deciding if a policy works (highly political).
Congress can formally terminate policies.
Courts, including the Supreme Court, can also end policies through judicial review.
📘 Chapter 7.4 – Checks on the Bureaucracy (Short Notes)
⭐ Big Idea
The federal bureaucracy is controlled and limited by the President, Congress, courts, and public opinion, but its size, complexity, and discretion make it hard to fully control.
1⃣ Agency Capture
Occurs when regulators favor industry interests over public mission.
Example: former employment, future job prospects, or close ties.
2⃣ Presidential Control
President appoints top officials (with Senate approval)
Can remove appointees, reorganize agencies, and issue executive orders
Limited by:
Bureaucratic discretion
Agency size & complexity
Street-level bureaucrats acting independently
3⃣ Congressional Control
Approves/rejects appointees (Senate)
Creates or terminates agencies
Appropriations: controls funding
Oversight: hearings, reports, and investigations
GAO monitors executive agencies
Example: Hurricane Katrina investigations revealed failures in coordination and response
4⃣ Judicial Influence
Courts can limit bureaucratic actions
Example: Michigan v. EPA (2015) overturned EPA mercury regulations due to cost considerations
Courts ensure agencies follow law and statutory authority
5Media and Public Opinion
Media rarely covers day-to-day bureaucracy → public largely uninformed
Crisis events (e.g., Katrina) increase scrutiny and public pressure
Public opinion can force accountability in extreme cases
6Reform & Privatization
Efforts to control or fix bureaucracy:
Devolve responsibilities to states
Deregulation
Privatization (contracting out services)
Example: FEMA & private contractors post-Katrina
LEARNING TARGETS
After reading this chapter, you will be able to
8.1 Examine how the Constitution and Bill of Rights protect individual
liberties.
8.2 Explain the doctrine of selective incorporation.
8.3 Explain the impact of the free exercise and establishment clauses
on the relationship between government and religion.
8.4 Explain how the Supreme Court’s decisions regarding the First and
Second Amendments balance individual rights and freedoms with the
need for public safety and order.
8.5 Examine the protections placed within the Bill of Rights for those
accused of, tried for, and convicted of crimes.
8.6 Discuss the Supreme Court’s affirmation of the right to privacy.
8.1 The Constitution & The Bill of Rights (Medium Version)
Before 1787, states had their own protections for rights, but they were inconsistent and sometimes restricted key freedoms like religion or press. Some states even required certain religions to hold office.
At the Constitutional Convention, delegates included some protections in the original Constitution:
Habeas corpus (can’t be held without charges)
Jury trials
No religious tests for office
Strict definition of treason
But no bill of rights was added, which caused major debate.
To win support, Federalists promised to add amendments.
Madison proposed 12 amendments; 10 were ratified as the Bill of Rights in 1791.
What the Bill of Rights Protects:
1st: Speech, religion, press, assembly, petition
2nd–3rd: Militias, guns, quartering soldiers
4th–8th: Rights of the accused
9th: Unlisted rights
10th: Powers reserved to states/people
8.2 Selective Incorporation (Medium Version)
Originally, the Bill of Rights only restricted the federal government.
Selective Incorporation is the process where the Supreme Court applies parts of the Bill of Rights to the states using the 14th Amendment’s Due Process Clause (“no state shall deprive…”).
Gitlow v. New York (1925)
Gitlow was convicted under a NY law for publishing a radical manifesto.
The Court upheld his conviction but ruled that freedom of speech and press are fundamental rights, so states must protect them.
This case began selective incorporation.
Why It Matters:
Now states must protect most key liberties like speech, religion, counsel, and gun ownership.
Examples of Incorporated Rights:
Speech → Gitlow (1925)
Press → Near (1931)
Right to counsel → Gideon (1963)
Right to bear arms → McDonald (2010)
Not Incorporated:
Grand jury indictment (5th)
Civil jury trials (7th)
Excessive fines (uncertain)
8.3 Religious Freedom (Medium Version)
The First Amendment protects:
Establishment Clause: government cannot endorse or support religion
Free Exercise Clause: people can practice religion freely unless it violates valid laws
Establishment Clause Key Cases:
Engel v. Vitale (1962): No school-led prayer
Abington v. Schempp (1963): No Bible readings in public schools
Board of Ed v. Allen (1968): Allowed secular textbooks for religious schools
Lemon v. Kurtzman (1971): Government aid must:
Have a secular purpose
Not advance/inhibit religion
Not create excessive entanglement (Lemon Test)
Current school rules:
Students can pray privately
Teachers cannot encourage/discourage prayer
Religious clubs allowed
Free Exercise Cases:
Wisconsin v. Yoder (1972): Amish students exempt from high school
Employment Division v. Smith (1990): Neutral laws (like drug bans) can limit religious practices
8.4 Freedom of Expression (Medium Version)
The First Amendment protects speech, press, assembly, and petition — essential for democracy.
Political Speech & Security:
Schenck (1919): “Clear and present danger” test (speech can be limited during serious threats)
Brandenburg (1969): Updated to “imminent lawless action” — stronger free speech protection
Freedom of the Press:
New York Times v. US (1971): No prior restraint on Pentagon Papers
Symbolic Speech:
Tinker v. Des Moines (1969): Students can wear armbands unless they disrupt education
Morse v. Frederick (2007): Schools can restrict pro-drug messages
Limits on Speech:
Defamation (lies harming reputation): public officials must prove “actual malice” (Sullivan)
Hate speech: often protected unless it’s a true threat
Obscenity: defined by the Miller test (offensive, appeals to sexual interest, no serious value)
Time/place/manner rules allowed if content-neutral
2nd Amendment:
Heller (2008): Individual right to possess guns
McDonald (2010): Right applies to states
8.5 Rights of Defendants (Medium Version)
Even before the Bill of Rights, the Constitution banned:
Ex post facto laws
Bills of attainder
Unlawful detention (habeas corpus)
4th Amendment:
Protects against unreasonable searches; warrants need probable cause.
Exclusionary rule (Mapp v. Ohio) blocks illegally obtained evidence.
Modern tech rules:
Phones, thermal scans → warrant required
5th Amendment:
No double jeopardy
No self-incrimination
Miranda rights required before questioning
6th Amendment:
Guarantees fair trial, impartial jury, and right to a lawyer.
Gideon v. Wainwright: states must provide attorneys to those who can’t afford one
8th Amendment:
No cruel or unusual punishment.
Death penalty:
Furman stopped it (arbitrary)
Gregg restored it with guidelines
Not for juveniles or people with intellectual disabilities
8.6 Privacy & Other Rights (Medium Version)
Right to privacy is implied from several amendments (1st, 3rd, 4th, 9th).
Key Cases:
Griswold (1965): Married couples’ right to contraceptives
Eisenstadt: Extended to unmarried people
Lawrence (2003): Adults have privacy in consensual sexual conduct
Roe v. Wade (1973): Abortion protected in early pregnancy (with limits)
9th Amendment:
Protects rights not listed (supports privacy).
Civil liberties evolve as courts balance individual freedoms with government interests.
LEARNING TARGETS
After reading this chapter, you will be able to
9.1 Describe the struggle to secure civil rights for people with
disabilities.
9.2 Examine the fight against segregation, including the Supreme
Court’s decision in Brown v. Board of Education.
9.3 Describe the civil rights movement’s fight for racial equality.
9.4 Examine the struggle by the women’s rights movement for gender equality.
9.1 Securing Rights for Those with Disabilities
Judith Heumann & the Fight for Disability Rights
Judith Heumann was a major disability rights activist. She used a wheelchair after contracting polio as a child.
As a kid in the 1950s, she was denied entry to public school because the building had no ramps. Administrators even called her a “fire hazard.”
She earned college degrees but was denied a teaching job because of her disability. She sued and won.
The Importance of Section 504
Section 504 of the Rehabilitation Act of 1973 was the first federal law banning discrimination against people with disabilities.
But the government wasn’t enforcing it—officials hadn’t signed the regulations needed to put it into action.
Activists, including Heumann, organized protests called the “504 sit-ins.”
The largest sit-in happened in San Francisco and lasted four weeks. People with disabilities risked their health and safety to demand enforcement.
The protests succeeded — the regulations were finally signed.
The Americans with Disabilities Act (ADA)
Passed in 1990, the ADA expanded protections for people with disabilities.
It bans discrimination in:
Employment
Public services
Public transportation
Access to businesses and public buildings
States had to modify buildings for accessibility, but Congress didn’t give them money to do it (an unfunded mandate).
Connection to Civil Rights Movements
Disability rights activists were inspired by earlier civil rights struggles, especially the African American civil rights movement.
The ACLU noted that people with disabilities were among the least employed, poorest, and least educated groups—showing how deep discrimination ran.
9.2 – The Fight Against Segregation (Shortened)
Before & After the Civil War
Dred Scott (1857): Said African Americans weren’t citizens → major conflict.
Civil War (1861–65): Ended slavery.
Emancipation Proclamation: Freed slaves in Confederate states (enforced by Union troops).
Reconstruction & Backlash
Black Codes: Limited freedmen’s rights.
13th: Ended slavery.
14th: Citizenship + equal protection.
15th: Black men could vote.
Jim Crow: Segregation; poll taxes, literacy tests; violence.
KKK: Terrorized Black Americans.
Plessy v. Ferguson (1896)
Court upheld “separate but equal.”
Kept segregation legal for decades.
NAACP Strategy
Fought segregation in courts.
Aimed to prove segregation is inherently unequal.
Brown v. Board (1954)
Denial of school access challenged by Oliver Brown.
Doll Test showed harm to children.
Ruling: Segregated schools are inherently unequal.
Unanimous decision → overturned Plessy in education.
Resistance
Southern states resisted for years.
Brown II (1955): Desegregation “with all deliberate speed.” (slow)
10 years later, 98% of Black Southern students still in segregated schools.
De Jure vs. De Facto
De jure: By law (Jim Crow).
De facto: By housing/income patterns.
Busing & Limits
Swann (1971): Busing allowed.
Milliken (1974): Suburbs didn’t have to integrate → weakened efforts.
Affirmative Action
Helps groups harmed by discrimination.
Bakke (1978): No quotas; race can be considered.
Gratz (2003): Points system too automatic.
Grutter (2003): Holistic use of race allowed.
Fisher (2016): Limited use of race upheld.
9.3 — The Civil Rights Movement (Shortened)
Slow Progress
Court rulings alone didn’t end segregation.
Little Rock Nine (1957): Eisenhower sent troops.
Civil Rights Act 1957: Helped protect Black voting rights.
Social Movement Actions
Boycotts, protests, sit-ins.
Montgomery Bus Boycott (1955–56): Sparked by Claudette Colvin and Rosa Parks; ended with Court ruling buses must integrate.
Civil Disobedience
Breaking unjust laws peacefully to expose injustice.
MLK
Led SCLC; faced violence and arrests.
Letter from Birmingham Jail:
Just vs. unjust laws.
“Injustice anywhere is a threat to justice everywhere.”
Criticized white moderates.
Media & Public Opinion
Violent images pressured the federal government to act.
Major Laws
Civil Rights Act 1964: Ended segregation; banned discrimination in jobs and schools.
Voting Rights Act 1965: Ended literacy tests, boosted Black voter turnout; weakened in 2013.
Short Summary
Used nonviolence and legal action.
MLK grounded arguments in natural rights.
Pressure led to the Civil Rights Act and Voting Rights Act.
9.4 — The Fight for Women’s Rights (Shortened)
First Wave
Focus: suffrage.
Western states led; 19th Amendment (1920) granted women the vote.
Second Wave
Focus: work, education, equality, protections from harassment.
Betty Friedan & Feminism
The Feminine Mystique challenged gender roles.
Helped found NOW to push for equality.
Key Legal Gains
Title VII (1964): Banned sex discrimination at work; protected against retaliation.
Title IX (1972): Banned sex discrimination in schools → huge increase in female athletics.
Equal Rights Amendment (ERA)
Passed Congress but not enough states; expired in 1982.
Courts still use the 14th Amendment and Title VII to protect women.
Supreme Court Standards
Strict scrutiny: race.
Rational basis: age/disability.
Intermediate scrutiny: gender (important interest required).
Example: male-only draft upheld.
Sexual Harassment
Quid pro quo and hostile environment both violate Title VII.
Employers always liable for quid pro quo; liable for hostile environment if they ignore it.
Other Groups
Native Americans, Latinos, LGBTQ+ Americans, and multiracial Americans expanded civil rights using protests, lawsuits, and the 14th Amendment.