AP government chapter 4 frq's

explain how each of the following has been incorporated: rights of criminal defendants, first amendment, privacy rights

14th amendment

Describe how the process through which the Court grants a writ of certiorari

A writ of certiorari is a decisioin by the supreme court to hear an appeal from a lower court. It comes through a petition which is filed with the supreme court, including an argument for why this case in particular should be heard, and then the court votes whether or not to hear the case. In order for this to happen, 4 out of the 9 supreme court justices must agree to hear the case.

b) Facing discrimination at the voting booth many African American citizens turned to alternative forms of political participation. Describe two alternative forms of participation that helped bring about changes in civil rights polices

Demonstrations/protests/public rallies/civil disobedience Organized interest-group activity (e.g., NAACP) Courts/litigation Boycotts Election activities other than voting (campaigning, donating)

Identify the primary clause of the 14th amendment that is used to extend Civil Liberties.

Due Process Clause

Describe SCOTUS's decision in the case that you selected in (a)

Engel v. Vitale Decision struck down state-sponsored prayer in schools Lemon v. Kurtzman Decision struck down state funding for private religious schools.

Many of these decisions have caused controversy in the U.S. Describe two ways in which other political institutions might limit the impact of SCOTUS decisions.

Executive branch refusal to enforce SCOTUS decisions Judicial appointments Constitutional amendments Change in appellate jurisdiction

Explain how civil liberties were incorporated by SCOTUS in two of the following cases Gideon v. Wainwright Mapp v. Ohio Miranda v. Arizona

Gideon v. Wainwright extended the right to a lawyer(counsel) as guaranteed by the 6th amendment to the states Mapp v. Ohio exclusionary rule, provided protection against illegal search and seizures (illegally gained items cannot be used in court) as guaranteed by the 4th amendment Miranda v. Arizona extended the "rights of the accused" covered in the 5th and 6th amendments to states, requiring police officers to inform citizens of their constitutional rights when they are arrested

Explain how two measures taken by some states prior to the 1960's affected voter turnout among African American citizens

Literacy tests. Poll taxes Grandfather clauses Dilution of voting strength through redistricting White primaries Election procedures (notification, access)

Choosing one of the forms of participation you described in (b) and explain why it was effective in changing civil rights policies

Participation Linkage mechanism Policy output or outcome Civil disobedience-pictures of brutality and arrests created sympathy.

Identify the primary clause of the 14th Amendment that is used to extend civil rights

The Equal Protection Clause-no state shall deny to any person within its jurisdiction "the equal protection of the laws".

a) Select one of the following cases and identify the First Amendment clause upon which SCOTUS based its decision. Engel v. Vitale (school prayer) Lemon v. Kurtzman ( state funding for private religious schools)

The Establishment Clause in the First Amendment- prohibits the establishment of a religion by Congress. (Same answer for both cases)

Describe a specific legislative action that extended civil rights to each of the following women Persons with disabilities

Women 19th Amendment or Civil Rights Act of 1964 which covered desegregation and women's rights protection against discrimination for hiring. Persons with disabilities Disabilities Act prevents discrimination based on disabilities for employment and requires public facilities to be handicapped accessible.

Describe the difference between civil rights and civil liberties

civil liberties - protect people from the government civil rights - protect people from discrimination

Identify the primary clause of the Fourteenth Amendment that is used to extend civil liberties.

due process clause - can't be deprived of life, liberty, or property without due process of law

Identify the primary clause of the Fourteenth Amendment that is used to extend civil rights

equal protection clause - no person can be denied protection of the laws

what clause did the courts base there decisions on in Engel vs Vitale or Lemon vs Kurtzman

establishment clause

what happened in lemon vs kurtzman

funds given to parochial schools: must not result in excessive government entanglement, can't advance religion, must have a legislative purpose

Explain how civil liberties were incorporated by the Supreme Court in mapp vs ohio

illegally ceased evidence can't be used, exclusionary rule

Explain how civil liberties were incorporated by the Supreme Court in miranda vs arizona

must be informed of rights, no self-incrimination

Explain how civil liberties were incorporated by the Supreme Court in gideon vs wainwright

right to an attorney is given to people who can't afford one

define selective incorporation

selective - the process has been slow incorporation - some liberties listed in the bill of rights have been applied to the states using the 14th amendment

what happened in engel vs vitale

state sponsored prayer in school is banned

Define selective incorporation

states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights. Selective because process piecemeal-not a sudden change Incorporation to states using 14th amendment due process clause