AP Government Rudy Civil Rights and Civil Liberties
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people
10th Amendment
1. All persons born/naturalized in the U.S. are a. citizens of the U.S. and the state where they reside b. states canny deny privileges' and immunities guaranteed to citizens c. states can't deny due process d. apply equal protection of the laws 2. apportionment of representatives 3. public office 4. public debt 5. abolishes 3/5 compromise
14th Amendment
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
15th 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 (bear arms)
2nd Amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law (no forced quartering of soldiers)
3rd 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 (no unreasonable search and seizure without warrant)
4th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation (protection from self-incrimination, no double jeopardy, eminent domain, innocent until proven guilty, entitled to due process)
5th Amendment
laws passed in 1798 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government
Alien and Sedition Acts
A state law criminalizes intermarriage between white and black citizens
Based on previous rulings, which of the following scenarios would most likely violate the equal protection clause of the Fourteenth Amendment?
The state of Illinois creates an all-black congressional district
Based on previous rulings, which of the following scenarios would the Supreme Court most likely rule violate the equal protection clause of the Fourteenth Amendment?
US SCOTUS decision holding that school segregation is inherently unconstitutional because it violates the equal protection clause
Brown v. Board of Education
The Establishment Clause does not allow the government to create an official religion or established church. The Free Exercise Clause prohibits the government from interfering with the practices of any religion except if your religious practices violate any laws
Distinguish between the establishment and the free exercise clauses of the First Amendment
the Supreme Court has established the doctrine of selective incorporation to limit state regulation of civil rights and liberties, holding that many protections of the Bill of Rights apply to every level of government, not just the federal
Does selective incorporation limit or increase the power of state governments? How?
(Due Process Rights)The Court ruled that a state must provide an attorney to indigent defendants in felony cases
Gideon v. Wainwright (1963)
14th Amendment
If you thought you were getting an inferior public education because of your ethnicity, which part of the Constitution would you rely on most heavily to justify your case?
The establishment clause
In 1961, students who attended public schools in Pennsylvania were required to read at least ten verses from the Bible. After students finished reading the readings, school officials required that all students recite the Lord's Prayer. In 1963, the Supreme Court heard the case and ruled that the readings and recitations violated a provision of the First Amendment. Which of the following constitutional clauses does this case have in common with Engel v. Vitale (1962)?
The Fourteenth Amendment applies the Second Amendment to the states
In recent years the Supreme Court has applied the decision across all states that individuals have the right to possess a firearm in the home for self-defense. Which of the following is a reason for this?
McDonald v. Chicago
In which Supreme Court ruling was the Second Amendment right to bear arms first incorporated to the states?
(2nd Amendment)The Second Amendment right to keep and bear arms for self-defense is applicable to the states
McDonald v. City of Chicago (2010)
Supreme Court Case that created the Miller test to determine when sexually explicit expression was obscene and therefore beyond the protection of the First Amendment
Miller v. California
-if the words spoken or actions taken at any event cross the line of constitutionality, the First Amendment may no longer protect events such a parades or protests -Washington State's Public Records Act allowed the government to release the names of citizens who had signed a petition in support of a ballot initiative that would have banned gay couples from adopting children -The Court ruled that disclosure of these names did not violate the First Amendment
Outline the First Amendment liberties and limitations on the freedom of assembly and petition
(Right to Privacy)The court legalized abortion by ruling that state laws could not restrict it during the first three months of pregnancy. Based on 4th amendment rights of a person to be secure in their persons, medical decisions are between the patient and the doctor
Roe v. Wade (1973)
(Freedom of Speech/Press)1st amendment Freedom of speech can be limited in times of war
Schenck v. United States (1919)
The constitutional doctrine that applies some, but not all, protections of the Bill of Rights to the states and to all levels of government
Selective incorporation is best defined as which of the following?
citizenship rights
The 14th Amendment attempted to guarantee what to former slaves?
racism
The NAACP is most likely to fight to reduce...
Evidence obtained without a search warrant is subject to being excluded from use at a trial to convict someone
The exclusionary rule can best be described as which of the following?
A provision of the First Amendment that prohibits the government from interfering with someone's ability to practice their religion
The free exercise clause is best defined as which of the following?
(Freedom of Speech/Press)The Court ruled that a student's free speech rights were not violated when a school suspended him for displaying what the Court characterized as a sophomoric banner at an Olympic torch relay parade
Tinker v. Des Moines Independent Schools (1965)
false
True or False: In Reed v. Reed, the Supreme Court established the strict scrutiny test for determining if a particular program that discriminates on the basis of gender is constitutionally permissible
true
True or False: Native Americans were not granted citizenship and all the rights afforded it until the Dawes Act of 1924
true
True or False: Title IX of the Education Amendments of 1972 has expanded educational and sports opportunities for female students
false
True or False: the federal government has yet to formally rectify the treatment of Japanese Americans that took place during WWII
When deciding whether a right is incorporated to the states (and all levels of government), the Court considers whether the right is "implicit in the concept of ordered liberty", or otherwise "fundamental". If the right is fundamental, it applies to the states through the Fourteenth Amendment's due process clause
What basis does the Court use to decide whether or not a right is incorporated to the states?
it was permissible because the United States was at war with Japan
What did the Supreme Court decide in Korematsu v. US regarding the internment of American citizens of Japanese ancestry living in the United States?
discriminations in public accommodations
What does the Civil Rights Act of 1964 ban?
others (including age, wealth, and mental capacity)
What kind of statutory classification is at issue with minimum rationality standard?
fundamental freedoms including religion, speech, assembly, press and marriage, suspect classifications including race alienage and national origin
What kind of statutory classification is at issue with strict scrutiny?
equal protection clause
What provision of the 14th Amendment served as a cornerstone of the Supreme Court's decision in Brown .v Board of Education?
gender
What statutory classification is at issue with intermediate standard?
Griswold v. Connecticut (1965)
Which Court case selectively incorporated he right to privacy under the Ninth Amendment?
NY Times v. US (1971)
Which Court case supported the freedom of the press and established a heavy presumption against prior restraint by the government?
the 19th Amendment
Women were guaranteed the right to vote by...
the government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals
civil rights
Test articulated by the Supreme Court in Schenck V. U.S (1919) to draw The line between protected and unprotected speech; the court looks to see "whether the words used" could "create a clear and present danger that they will bring about substantive evils" that Congress seeks to prevent.
clear and present danger test
a law that prohibits the use of illegally obtained evidence in a criminal trial
exclusionary rule
Words that by their very utterance inflict injury or tend to incite an immediate breach of peace; not protected by the First Amendment
fighting words
the second clause of the 1st Amendment; prohibits the US government from interfering with a citizen's right to practice his or her religion
free exercise clause
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation (woman's right to vote---> voting shall not be denied in account of sex)
19th 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 (religion, speech, press, assembly, petition)
1st Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense (impartial jury, speedy and public trial, right to an attorney, informed of your crimes)
6th Amendment
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law (trial by jury)
7th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (no cruel and unusual punishment, no excessive fines/bail)
8th Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people (rights not listed ---> the people)
9th Amendment
A public school district bans students from wearing t-shirts supporting presidential candidates before an election
Based on previous rulings, which of the following scenarios would most likely violate the freedom of speech clause of the First Amendment?
(Freedom of Religion)The Court ruled that the recitation of a brief non-denominational prayer drafted by the local school board in public school classrooms was unconstitutional
Engel v. Vitale (1962)
-Cruel and Unusual Punishment: prevented states from issuing the death penalty to defendants who are minors or defendants who are legally judged to be mentally incompetent -Right to Bear Arms: Supreme Court has recently ruled in support of the Second Amendment protection of an individual's right to own guns, striking down gun control legislation in D.C. v. Heller (2008) and McDonald v. Chicago (2010) -Unreasonable Search and Seizure: NSA increased efforts to prevent terrorist attacks; The NSA's defenders argue that the agency was doing what was necessary to protect public safety, and that the likely delays associated with getting a court warrant each time the government wants to monitor digital metadata could impede its ability to prevent future terrorist attacks
Explain how the Supreme Court has attempted to balance claims of individual freedom with laws and enforcement procedures that promote public order and safety
Decisions affectingthe rights of minority groups demonstrating that minority rights have been restricted at times and protected at other times include: --->Plessy v. Ferguson (1896), which upheld "separate but equal" racial segregation by the states --->Brown v. Board of Education (I) (1954), which declared that race-based school segregation violates the 14th Amendment's equal protection clause --->Brown v. Board of Education (II) (1955), which held that school districts and federal district courts must implement the court's decision in Brown v. Board of Education (I) (1954) "with all deliberate speed" -The Supreme Court has upheld the rights of the majority in cases that limit inter district school busing and those that prohibit majority-minority districting. -The debate on affirmative action includes justices who insist that the Constitution is colorblind and those who maintain that it forbids only racial classifications designed o harm minorities, not help them
Explain how the court has at times allowed the restriction of the civil rights minority groups and at other times has protected those rights.
After civil rights demonstrations such as the 1963 March on Washington for Jobs and Freedom, President John F. Kennedy and successor Lyndon B. Johnson made passing civil rights legislation a key part of their agendas. Despite opposition from white southern representatives, Congress followed by passing the Civil Rights Act of 1964 and the Voting Rights Act of 1965, which outlawed discrimination based on race, sex, and other demographic factors
Explain how the government has responded to social movements
states may not infringe an individual's right to counsel, or their protection against warrantless searches. For example, the exclusionary rule stipulates that evidence illegally seized by law enforcement officers searching without a warrant cannot be used against that suspect in criminal prosecution
Explain the extent to which states are limited by the due process clause from infringing upon individual rights with the 4th Amendment.
Although the Miranda rule requires police officers to inform someone under arrest of their rights, there is an exception to this rule. The public safety exception allows officers to interrogate a suspect without informing them of their rights if there is an objective need to protect the police or the public from immediate danger
Explain the extent to which states are limited by the due process clause from infringing upon individual rights with the 5th Amendment
-limits state regulation of civil rights and liberties, holding that many protections of the Bill of Rights apply to every level of government, not just the federal
Explain the implications of the doctrine of selective incorporation
Civil liberties protect us from government power. They are rooted in the Bill of Rights, which limits the powers of the federal government. The government cannot take away the freedoms outlined in the Bill of Rights, and any action that encroaches on these liberties is illegal
Explain the roots of civil liberties in the Constitution
Since the 1970s, the Supreme Court has bolstered the freedom of the press by establishing a "heavy presumption against prior restraint." But freedom of the press is not absolute; citizens can seek redress if false statements printed about them damage their reputation, and leaking government documents that pose an immediate threat to American military forces is a crime
How does the Supreme Court's interpretation of freedom of press reflect a commitment to individual liberty?
The Supreme Court has supported the free speech rights of individuals engaged in protest, including nonverbal "symbolic speech." But freedom of speech is not absolute: the Court has upheld restrictions on defamatory and obscene speech, as well as speech that incites violence or lawbreaking
How does the Supreme Court's interpretation of freedom of speech reflect a commitment to individual liberty?
Citizens' ability to worship (or not worship) as they please is a fundamental individual liberty. The Supreme Court has upheld some limits to free exercise, however; although individuals may believe whatever they want, the government may limit actions that break secular laws if there is a compelling government interest at stake. Similarly, the Court has permitted some government support for religion, such as public funding for students attending religious schools
How does the Supreme Court's interpretation of the freedom of religion reflect a commitment to individual liberty?
In both District of Columbia v. Heller (2008) and McDonald v. Chicago (2010), the Court struck down laws that placed restrictions on gun ownership. The majority in both cases argued that gun control legislation gave the government too much power and violated individual liberties
How does the Supreme Court's interpretation of the right to bear arms reflect a commitment to individual liberty?
The application and interpretation of the following Supreme Court rulings and legislative policies illustrate how constitutional provisions can motivate policy responses: ▶ The Civil Rights Act of 1964 ▶ Title IX of the Civil Rights Act Amendments (1972) ▶ The Voting Rights Act of 1965 ▶ Brown v. Board of Education (I) (1954), which declared that race-based school segregation violates the 14th Amendment's equal protection clause -The leadership and events associated with civil, women's, and LGBT rights are evidence of how the equal protection clause can motivate social movements, as represented by: ▶ Dr. Martin Luther King's "Letter from a Birmingham Jail" and the civil rights movement of the 1960s ▶ The National Organization for Women and the women's rights movement
How have constitutional provisions supported and motivated social movements in the United States?
(Freedom of Speech/Press)The Court ruled that the U.S. government couldn't block the publication of secret Department of Defense documents illegally furnished to the Times by antiwar activists
New York Times v. United States (1971)
-symbolic speech is protected by the First Amendment -prior restraint violates the First Amendment -libel, slander, fighting words, and obscenity are not protected by the First Amendment
Outline the First Amendment liberties and limitations on the freedom of speech and press
false
True or False: affirmative action has been deemed completely unconstitutional by the Supreme Court
false
True or False: even though the Hispanic population is fairly small, they earned their civil rights earlier and more completely than did African Americans
true
True or False: in 2013, the Supreme Court overturned the federal Defense of Marriage Act, which had defined marriage as between one man and one woman
true
True or False: race and alienage classifications are evaluated by the Supreme Court using the strict scrutiny standard, which determines whether the classification is necessary to accomplish a permissible state goal and whether that is the least restrictive way to reach the goal
true
True or False: the federal government has mismanaged trust funds related to American Indian land
false
True or False: the passage of the Equal Rights Amendment has helped ensure women's equality in the workplace
An underlying principle to the Bill of Rights is that there are certain freedoms that the government should not be allowed to interfere with
What is an underlying principle to the Bill of Rights?
Gideon v. Wainwright (1963) incorporated the right to legal counsel at the state level. The Court decided in Gideon that state courts were responsible for providing a lawyer to a defendant who could not afford one
What is one Supreme Court case that incorporated a right for criminal defendants?
The right to "be left alone," or to be free of government scrutiny into one's private beliefs and behavior.
What is the right to privacy? What aspects of everyday life does it include?
1st Amendment
Which Amendment contains the freedom to assemble and the establishment clause?
6th Amendment
Which Amendment contains the right to an impartial jury?
14th Amendment
Which Amendment says states cannot deny due process?
9th Amendment
Which Amendment says that the rights not listed do not restrict other rights held by the people?
8th Amendment
Which Amendment says that there can be no excessive bail?
4th Amendment
Which Amendment says that warrants issued must be based on probable cause and for particular items/places?
Lemon v. Kurtzman (1971)
Which Court case created a test that helps courts decide if a government action violates the establishment clause?
Roe v. Wade (1973)
Which Court case legalized abortions under the protection of the right to privacy?
Miranda v. Arizona (1966)
Which Court case provided guidelines for police that would inform citizens of their entitled due process rights?
Gitlow v. New York (1925)
Which Court case ruled that the freedom of speech is among the fundamental rights protected by the due process clause of the Fourteenth Amendment and instituted the incorporation doctrine?
Gideon v. Wainwright (1963)
Which Court case said states must apply defense attorneys to indigent defendants?
Mapp v. Ohio (1961)
Which Court case said states must follow the exclusionary rule under the Fourth Amendment?
Engle v. Vitale (1962)
Which Court case said that state-sanctioned prayer in public schools constitutes an establishment of religion and is therefore prohibited?
Tinker v. Des Moines (1969)
Which Court case said that students' right to free speech and protest does not stop at the schoolhouse gate?
5th Amendment
Which amendment contains the right that you are innocent until proven guilty and protection from self-incrimination?
It was specifically designed to protect individual liberties and rights from a strong central government
Which of the following describes a reason why the Framers decided to include a Bill of Rights?
The right to a fair court trial is a civil liberty protected by the Sixth Amendment. Freedom from racial discrimination is a civil right protected by the Fourteenth Amendment's equal protection clause.
Which of the following is an accurate comparison of civil liberties and civil rights?
A group of protesters is arrested after staging a sit-in on the governor's front lawn to protest a Voter ID law
Which of the following scenarios is an example of how a state can reasonably restrict speech protected under the First Amendment?
A person is tried twice for the same crime
Which of the following scenarios would most likely be considered a violation of the Fifth Amendment?
A state bans the sale and purchase of handguns
Which of the following scenarios would most likely be considered a violation of the Second Amendment?
It limited the power of state governments by striking down a school policy that required the reading of a prayer at the start of the school day
Which of the following statements best explains how the Court's ruling in Engel v. Vitale (1962) changed the balance between governmental power and individual liberty?
Article I, Section 9
Which section bans Congress from creating ex post facto laws?
It protected African-American rights to attend any public school and ruled that race-based school segregation unconstitutional
Which statement accurately summarizes the impact of the Brown v. Board of Education (1954) decision?
It limited the federal government's power to censor free speech or the publication of classified information
Which statement accurately summarizes the impact of the New York Times Co. v. United States (1971) decision?
For example, the Court has interpreted that the Fourth Amendment right of the people to be secure in their houses from unreasonable searches and seizures implies a right to privacy in the home
Why did the Court reason that certain amendments in the Bill of Rights cast a "penumbra of privacy"?
the personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation
civil liberties
test articulated by the Supreme Court in Brandenburg v. Ohio holding that the First Amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur
direct incitement test
the first clause of the 1st Amendment; directs the national government not to sanction an official religion
establishment clause
communication that belittles a person or group on the basis of race, gender, ethnicity, or other characteristics
hate speech
A false written statement that causes a person to be ridiculed or damages the person's reputation
libel
constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment
prior restraint
a judicial doctrine whereby most, but not all, protections found in the Bill of Rights are made applicable to the states via the 14th Amendment
selective incorporation
untrue spoken statements that defame the character of a person
slander
Symbols, signs, and other methods of expression generally considered to be protected by the First Amendment.
symbolic speech