AK-AP Unit 3 Study Guide

  1. Define civil liberties
    1. rights guaranteed to every American citizen by the Constitution
    2. Bill of rights was designed to protect the civil liberties
  2. What is protected under the first amendment? (think of specific examples from court cases)
    1. Freedom of Religion
      1. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof
      2. Churches that receive tax-exempt cant allow their pastors to endorse political candidates
    2. Freedom of Speech
      1. Tinker Vs Des Moines(we have a right to symbolic speech)
      2. Schenk v. The United States(Schenk handed out pamphlets telling young men to avoid the draft which is illegal)
    3. Freedom of Press
      1. NY Times v US
        1. Freedom of press was more important than Nixon’s rep
        2. Established a heavy presumption against prior restraint
  3. Define the free exercise clause
    1. protects the rights of citizens to practice their religion without interference from the Government
  4. Define the establishment clause
    1. prohibits Congress from establishing a national church
  5. According to the clear and present danger test, when can speech be restricted?
    1. Speech can be restricted if it poses a clear and present danger to the government
  6. Define prior restraint and when it can be applied.
    1. when the government tries to restrain a story prior to its publication
  7. What is the Supreme Court’s view on the death penalty?
    1. It is unconstitutional because you are more likely to receive it if you kill a white person compared to a black person
  8. How has the Bill of Rights been incorporated into state law?
    1. Through selective incorporation and the 14th amendment which says that states are held to the same standards as the federal government
  9. Define the exclusionary rule.
  10. Which amendments protect against self-incrimination?
    1. 5th amendment because it gives you the right to remain silent and you can’t use yourself as a witness
  11. Which amendments and laws have been passed with the direct goal of helping women achieve equality?
    1. Title IX -> guaranteed that discrimination in federally funded programs could not happen on the basis of sex as well as race
    2. 19th amendment gave women the right to vote in the 1920s

Important Cases

  • Engel v. Vitale (1962)
    • NY schools required to recite a voluntary prayer before school days
    • Supreme Court deemed this a violation of the establishment clause of the 1st amendment
    • Rules state-sponsored prayer in schools unconstitutional
  • Wisconsin v. Yoder (1972)
    • Amish parents unhappy with compulsory education law requiring children to be in school until 16 years of age
    • Complained that the Wisconsin law violated the free exercise of their religion
    • Court agreed that it was a violation of their right to free exercise
    • Amish afraid their children would be influenced away from teachings of their religion
  • Tinker v. Des Moines (1969)
    • Students wore black armbands in protest of the Vietnam War
    • Court said this is constitutional
  • Schenck v. The United States (1919)
    • Schenck handed out pamphlets to young men about avoiding the draft
    • Supreme Court ruled that it was unconstitutional and criticizing the government is not allowed
  • New York Times v. United States (1971)
    • During vietnam war, pentagon papers were leaked to the NY times + washington post
    • Papers showed the president had lied to both the people and congress about war
    • Nixon invoked prior restraint - had to protect our national security (vague)
    • Court ruled freedom of press was more important than nixon saving his reputation
    • Established a “heavy presumption against prior restraint” - must be clear that an imminent threat is real and being prevented.
  • McDonald v. Chicago (2010)
    • McDonald wanted a handgun to protect himself from more break ins
    • Chicago has some of the strictest handgun laws and the Supreme Court ruled in favor of McDonald saying Chicagos laws violate the 2nd amendment
  • Gideon v. Wainwright (1963)
    • Incorporated the 6th amendment to the States
    • Gideon was arrested and not provided a lawyer and was convicted
    • Supreme Court incorporated the right to a lawyer to the states
  • Brown v. Board of Education (1954)
    • Decision effectively overturned the separate but equal doctrine and ordered that schools be integrated
    • Court ruled that racial separation is inherently equal, no matter the state of the various facilities and staff
  • Miranda v. Arizona (1966)
    • 5th amendment protection of the right to remain silent
    • Public safety exception for when the police have to ask questions immediately for the safety of the public
  • Roe v. Wade (1973)
    • 1st trimester -> states could not in any way restrict abortion
    • 2nd trimester -> states could make restrictions as long as they were related to the mother’s health
    • 3rd trimester -> states could prohibit abortions entirely unless the mother’s health and life were at stake