AP Unit 3 Civil Liberties & Civil Rights: 2020

What are the Miranda Rights?

5th Amendment Rights possessed by persons who are arrested by the police. (Remain silent, speak to an attorney, etc.)

Explain the Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

What is the 9th Amendment?

Citizens entitled to rights not listed in the Constitution.

What are Civil Liberties?

Constitutionally established guarantees and freedoms that protect citizens, opinion, and property against arbitrary government interference

What is the 4th Amendment?

Freedom from unreasonable searches and seizures and the Exclusionary Rule

What is the 19th Amendment?

Women's suffrage

Explain everything about the Civil Rights Act of 1964

banned discrimination in public accommodations, prohibited discrimination in any federally assisted program, outlawed discrimination in employment; enforced school desegregation; designed to over Jim Crow Laws

Explain Brown v. Board of Education

court found that school segregation was a violation of the Equal Protection clause "separate but equal" has no place

Explain the Exclusionary Rule

improperly gathered evidence may not be introduced in a criminal trial as per the 4th Amendment

Explain the Voting Rights Act of 1965

invalidated the use of any test or device to deny anyone the right to vote and authorized federal examiners to register voters in states that had disenfranchised blacks. Massively increased voter registration among African Americans.

Explain Gideon v. Wainwright

landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys. (Selective Incorporation case by way of the 14th Amendment's Due Process Clause)

Explain Affirmative Action

policies designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities/critics consider it reverse discrimination

Explain Roe vs. Wade

the U.S. supreme Court ruled that there is a fundamental implied right to privacy through the 14th Amendment's Due Process Clause, which includes a woman's decision to have an abortion

Explain prior restraint

A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment.

"Letter from a Birmingham Jail," 1963

A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. King argues that laws must be based on a moral sense in order to be just. He frames his argument in terms similar to the principles of the Equal Protection Clause of the 14th Amendment.

What is the 24th Amendment?

Abolishes poll taxes

Explain Engel v. Vitale

Declared school sponsoring of religious activities violates the Establishment Clause of the 1st Amendment. (Forced school prayer case)

Explain "Separate but equal"

Established by the Supreme Court in 1896 but was found unconstitutional by the Supreme Court in Brown v Board of Education

Explain the Establishment Clause

First Amendment Clause that says the government may not establish an official religion. No official church in America or forced prayers or participation in religion.

Explain McDonald v. Chicago

Incorporated the 2nd Amendment right to bear arms to the states through the 14th Amendment's Due Process Clause

What is the clear and present danger test?

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to violence or illegal acts.

What is the 5th Amendment?

Just compensation for eminent domain, Double Jeopardy, Protection from Self-incrimination, Grand Jury indictment

Explain the Patriot Act

Law passed after 9/11 expanded the tools used to fight terrorism and improved communication between law enforcement and intelligence agencies. Enhanced the government's ability to examine private records.

How might a social movement using King's process overcome this challenge?

Litigation (court cases) using the Equal Protection Clause; Using a variety of nonviolent grassroots tactics to rally public support from a variety of constituencies to put pressure on policymakers (coalition-building) and the elected institutions of government.

What is the 8th Amendment?

No cruel or unusual punishment, no excessive bail or fines

What is the 3rd Amendment?

No quartering of soldiers

Explain the 14th Amendment's Equal Protection Clause

No state shall deny to any person within its jurisdiction "the equal protection of the laws" used as a vehicle for the civil rights movement

Explain the 14th Amendment's Due Process Clause

No state shall deprive any person of life, liberty, or property without due process of law. Used to incorporate provisions of the Bill of Rights to be applicable to the states

Where is the Right to privacy in the Constitution?

Not expressly stated in the US Constitution, but implied according to the Supreme Court through the 14th Amendment's Due Process Clause

How might this King's process affect policy-making, other social movements, or another political principle, institution, process, policy, or behavior?

Other social movements could use litigation (the courts) based on the Equal Protection Clause as justification for their social movement; Other social movements start using nonviolent demonstrations to seek policy change; Congress and the President begin recognizing social movement and civil rights issues on policy agendas because pressures of non-violent tactics.

What challenges might a social movement using the process described in King's letter encounter?

Policy gridlock

What is the 10th Amendment?

Powers Reserved to the States

Explain Title IX

Prohibits sex discrimination in federally funded education programs, including athletics

Define 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 and Equal Protection Clauses of the 14th Amendment.

What are the five freedoms in the 1st Amendment?

Religion, Speech, Press, Assemble, & Petition (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.)

What is the 7th Amendment?

Right to a trial by jury in civil cases

What is the 2nd Amendment?

Right to bear arms

What is the 6th Amendment?

Right to counsel (attorney), a public trial, confront witnesses, impartial and speedy trial

What is the 15th Amendment?

States cannot deny any MALE the right to vote because of race.

What was the process for achieving gains in civil rights that Dr. King described in his argument in the letter?

Strategic non-violent direct action can create a tension within a community that forces negotiation between civil rights leaders and community business and political leaders. This negotiation can lead to policy change that advances civil rights

Explain New York Times v. US

Supreme Court case protecting the freedom of the press by allowing the New York Times to publish the "Pentagon Papers" despite the Justice Department's order to restrict it. Strengthened the freedom of the press. The 1st Amendment protects the press against "prior restraint" by government even in cases involving national security.

Explain Schenck v. United States

Supreme Court decides that any actions taken that present a "clear and present danger" to the public or government isn't allowed, this can limit free speech

What is the exact definition of Selective Incorporation?

Supreme Court doctrine, whereby certain provisions from the Bill of Rights are made applicable to the state governments, as per the 'due process' clause of the Fourteenth Amendment of the Constitution

Explain Wisconsin v. Yoder

Supreme Court held that compelling Amish children to attend school past the 8th grade violates the Free Exercise Clause of the 1st Amendment

Explain Tinker v. Des Moines

U.S. Supreme Court case that upheld a student's First Amendment right to engage in symbolic speech in school. (Armband Case)

What is the Equal Employment Opportunity Commission (EEOC)?

a government agency with the power to investigate complaints of employment discrimination and the power to sue firms that practice it; was created by the Civil Rights Act of 1964

Explain the pro-choice movement

a movement whose followers believe that abortion is a women's right

Explain the pro-life movement

a movement whose followers believe that abortion is murder and should not be conducted under any circumstances (or under limited circumstances involving the physical health of the mother)

What is the National Organization for Women (NOW)?

a reform organization that battled for equal rights with men by lobbying and testing laws in court., wanted equal employment opportunities, equal pay, divorce law changes, and legalized abortion.