AP Gov McGill: Unit 3

The government can respond to social movements through court rulings and/or policies, as in...

- Brown v Board of Education (1954): declared that race-based school segregation violates the 14th Amendment's equal protection clause - The Civil Rights Act of 1964 - title IX of Education Amendments Act of 1972 - the Voting Rights Act of 1965

What happened in New York Times Co v United States (1971)?

the Supreme Court bolstered the freedom of press, establishing a "heavy presumption against prior restraint" even in cases involving national security.

The leadership and events associated with civil, women's, and LGBTQ rights are evidence of how the equal protection clause can support and motivate social movements, as represented by...

- Dr Martin Luther King's "Letter from a Birmingham Jail" and the civil rights movement of the 1960's - the National Organization for Women and the women's rights movement - the pro-life (anti-abortion) movement

The due process clause has been applied to guarantee the right to an attorney and protection from unreasonable searches and seizures, as represented by....

- Gideon v Wainwright (1963): guaranteed right to an attorney for the poor or indigent - the exclusionary rule, which stipulates that evidence illegally seized by law enforcement officers in violation of the suspect's 4th Amendment right to be free from unreasonable searches and seizures cannot be used against that suspect in criminal prosecution

While a right to privacy is not explicitly named in the Constitution, the Supreme Court has interpreted the due process clause to protect the right of privacy from state infringement. This interpretation of the due process clause has been the subject of controversy, such as resulted from....

- Roe v Wade (1973): extended the right to privacy to a woman's decision to have an abortion while recognizing compelling state interests in potential life and maternal health

Decisions demonstrating that minority rights have been restricted at times and protected at other times include

- State laws and Supreme Court holdings restricting African American access to the same restaurants, hotels, schools, etc. as the majority White population based on the "separate but equal" doctrine - Brown v Board of Education (1954): declared that race-based school segregation violates the 14th Amendment's equal protection clause - the Supreme Court upholding the right of the majority in cases that limit and prohibit majority-minority districting

Pretoria rights of the accused and the prohibition of unreasonable search and seizure are intended to ensure that citizen liberties are not eclipsed by the need for social order and security, including...

- The right to legal counsel, a speedy and public trial, and an impartial jury - Protection against warrantless searches of cell phone data under the 4th amendment - limitations placed on bulk collection of telecommunication metadata (Patriot and USA Freedom Acts)

The interpretation and application of the first Amendment's establishment and free exercise clauses reflect an ongoing debate over balancing majoritarian religions practice and free exercise, as represented by what cases?

Engle v Vitale (1962): school sponsorship of religious activities violates the establishment clause Wisconsin v Yoder (1972): compelling Amish students to attend school past the 8th grade violates the free exercise clause

The doctrine of selective incorporation has been imposed on state regulation of civil rights and liberties as represented by...

McDonald v Chicago (2010): the 2nd Amendment's right to keep and bear arms for self-defense in one's home is applicable to that states through the 14th Amendment

Civil Rights protect individuals from discrimination based on characteristics such as race, national origin, religion, and sex; these rights are guaranteed to all citizens under the due process clause and equal protection clauses of the US Constitution, as well as acts of Congress

Memorize

Civil liberties are constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference.

Memorize

Court decisions defining cruel and unusual punishment involve interpretation of the 8th Amendment and its application to state death penalty statues over time

Memorize

Protections of the Bill of Rights have been selectively incorporated by way of the 14th Amendment's due process class to prevent state infringement of basic liberties.

Memorize

Provisions of the US Constitution's Bill of Rights are continually being interpreted to balance the power of government and the civil liberties of individuals.

Memorize

Public policy influencing civil rights is influence by citizen-state interactions and constitutional interpretation over time.

Memorize

The 14th Amendment's equal protection clause as well as other constitutional provisions have often been used to support the advancement of equality.

Memorize

The Bill of Rights consists of the first ten Amendments to the Constitution, which enumerate the liberties and rights of individuals.

Memorize

The Miranda rule involves the interpretation and application of accused persons' due process rights as protected by the 5th and 6th Amendments, yet the Supreme Court has sanctioned a public safety exception that allows unwarned interrogation to stand as direct evidence in court

Memorize

The Supreme Court has held that symbolic speech is protected by the first Amendment, demonstrated by Tinker v Des Moines (1969), in which the court ruled that public school students could wear black armbands in chocolate to protest the Vietnam War

Memorize

The Supreme Court's decisions on the second amendment rest upon its constitutional interpretation of individual liberty

Memorize

The Supreme Court's interpretation of the US Constitution is influenced by the composition of the Court and citizen-state interactions. At times, it has restricted minority rights and, at others, protected them.

Memorize

The US Constitution includes a Bill of Rights specifically designed to protect individual liberties and rights

Memorize

The application of the Bill of Rights is continuously interpreted by the courts.

Memorize

The debate about the 2nd and 4th Amendments involves concerns about public safety and whether or not the government regulations of firearms or collection of digital metadata promotes or interferes with public safety and individual rights

Memorize

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 to harm minorities, not help them

Memorize

Efforts to balance social order and individual freedom are reflected in interpretations of the first Amendment that limit speech, including...

Time, place, and manner regulations Defamatory, offensive, and obscene statements and gestures That which creates a "clear and present danger" based on the ruling in Schenck v United States (1919)

The Supreme Court has. On occasion ruled in favor of states' power to restrict individual liberty; give an example

When speech can be shown to increase the danger to public safety