H&L AP GOV Review UNIT 3

Civil Liberties vs. Civil Rights – Civil liberties are protections from government action (e.g., free speech, privacy). Civil rights ensure equal treatment under the law (e.g., protection from discrimination).
Selective Incorporation – The process of applying the Bill of Rights to the states through the 14th Amendment’s Due Process Clause (Gitlow v. New York).
Judicial Review – The power of the Supreme Court to strike down laws as unconstitutional (Marbury v. Madison).
Exclusionary Rule – Illegally obtained evidence cannot be used in court (Mapp v. Ohio).
Right to Privacy – The Constitution does not explicitly mention privacy, but cases like Griswold v. Connecticut (contraceptives) and Roe v. Wade (abortion) established it.
Equality of Opportunity vs. Equality of Results – Opportunity means everyone gets the same chance (merit-based). Results means policies ensure equal outcomes (affirmative action).

Schenck v. United States (1919) – Free speech can be limited if it creates a clear and present danger (e.g., shouting “fire” in a crowded theater).
Gitlow v. New York (1925) – First case to apply selective incorporation, ruling that states must respect free speech.
Miranda v. Arizona (1966) – Required Miranda Rights (right to remain silent & attorney) to protect against self-incrimination.
Gideon v. Wainwright (1963) – Guaranteed a public attorney for criminal defendants who can’t afford one.
Tinker v. Des Moines (1969) – Students do not lose free speech in school; symbolic speech (black armbands) is protected.
Engel v. Vitale (1962) – No school-led prayer, as it violates the Establishment Clause.
New York Times v. U.S. (1971) – Government cannot stop newspapers from publishing unless it causes direct harm (Pentagon Papers case).
McDonald v. Chicago (2010) – The 2nd Amendment applies to states (gun rights extended through selective incorporation).
Roe v. Wade (1973) – Legalized abortion under the right to privacy.
Plessy v. Ferguson (1896) – Established “separate but equal”, allowing segregation.
Brown v. Board of Education (1954) – Overturned Plessy, ruling segregation unconstitutional in schools.

Civil Rights Act of 1964 – Banned segregation in public places and discrimination in employment.
Voting Rights Act of 1965 – Banned literacy tests and other voting restrictions targeting Black voters.
Title IX (1972) – Banned gender discrimination in education and school sports.
Letter from a Birmingham Jail (1963) – MLK’s argument for nonviolent protest and immediate action against segregation.
De Jure vs. De Facto Segregation – De jure = segregation by law (Jim Crow). De facto = segregation by custom (neighborhoods).
1950s Actions to Stop Segregation – Brown v. Board, Montgomery Bus Boycott, and Little Rock Nine.
1960s Actions to Stop Segregation – Civil Rights Act, Voting Rights Act, and March on Washington.
19th Amendment (1920) – Gave women the right to vote.

Judicial Activism vs. Stare Decisis – Judicial Activism means courts interpret laws based on modern times. Stare decisis means courts follow past precedent (stick to old rulings).
Eminent Domain – The government can take private property for public use with fair compensation (5th Amendment).
Search & Seizure (4th Amendment) – Warrants are required for searches, and illegally obtained evidence is excluded (exclusionary rule).
Bill of Attainder – Congress cannot pass a law that declares someone guilty without a trial.
Ex Post Facto Laws – Laws cannot be applied retroactively (you can’t be punished for something that wasn’t illegal when you did it).
Supremacy Clause – Federal law is the highest law; states cannot override it (McCulloch v. Maryland).
Enumerated Powers – Powers explicitly granted to Congress in the Constitution (e.g., regulate commerce, coin money, declare war).

Wisconsin v. Yoder (1972) – Amish families can remove children from school for religious reasons (Free Exercise Clause).
Dred Scott v. Sandford (1857) – Slaves were not citizens and couldn’t sue in court; overturned by the 14th Amendment.
Barron v. Baltimore (1833) – Bill of Rights didn’t apply to states at the time (later changed by selective incorporation).
Gideon v. Wainwright (1963) – Guaranteed the right to a lawyer (applies to states).
Furman v. Georgia (1972) – Temporarily halted the death penalty due to inconsistent application.
Engel v. Vitale (1962) – Struck down school-sponsored prayer (violates Establishment Clause).

Equal Pay Act (1963) – Men & women must receive equal pay for the same work.
Faithful Execution Clause – The President must enforce laws passed by Congress.
Writ of Habeas Corpus – Protects against unlawful imprisonment; people must be brought before a judge when arrested.
Writ of Certiorari – Supreme Court orders a lower court to send a case up for review.
Prior Restraint – The government cannot stop publication before it happens (New York Times v. U.S.).

Pentagon Papers – Classified Vietnam War documents leaked to the press, leading to New York Times v. U.S.
Libel vs. Slander – Libel = written false statement. Slander = spoken false statement.
Civil Disobedience – Nonviolent protest against unjust laws (e.g., sit-ins, boycotts).
Search & Seizure (4th Amendment) – Protects against unreasonable searches; usually requires a warrant.
Ex Post Facto Laws – You can’t be punished retroactively.
Bill of Attainder – No law can declare someone guilty without a trial.
Original Intent vs. Living Document – Originalists follow the Constitution’s original meaning; living document interprets it with modern values.
Voting Rights Act of 1965 – Banned literacy tests and racial voter suppression.
Equality of Results vs. Equality of Opportunity – Debate over equal chances vs. equal outcomes.

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