AP US Government 4/5 Civil Liberties & Rights
Lemon Test
(1) a law must have a primarily secular purpose; (2) its principal effect must neither aid or inhibit religion.
Barron v. Baltimore
(1833)- Bill of Rights doesn't apply to state laws
Dred Scott Case
(1850s) -held-not a citizen, can't sue!! -no civil rights!!
Strict Scrutiny
(Compelling Reasons) having to do with: race, national, origin. And gov't almost always loses!! ex. lost in Brown v. Board and has only won the Japanese American internment camps during WWII (Korematsu)
Rationale Scrutiny
(Reasonable Reasons) having to do with: income, age, mental state, capacity
Intermediate Scrutiny
(Strong Reasons) having to do with: gender ex. draft and Title IX
*(a case will be on test and I need to know steps on solving it....) *
*1. State Action- Policemen involved? 2. Reasonable search?- consent, emergency, exception? 3. Evidence legal?*
*Review The Following cases in chapter, NOT their facts, BUT what they *HELD*: *
*1.Barron v. Baltimore- No state application of Bill of Rights 2.NY Times v. US. - no prior restraint unless troops in danger 3. Tinker v. Des Moines SD- school must show disruption in school speech cases 4. *Texas v. Johnson- burning the flag can be protected symbolic political speech if peaceable* 5. Roe v. Wade & Planned Parenthood v. Casey- creates zones of privacy and substantial burdens Test 6. Miranda v. Arizona, Gideon v. Wainwright- Criminal Rights 7. Mapp v. Ohio- creates exclusionary rule. *
*Voter ID in American Elections and Civil Rights A. Explain the potential positive and negative impact of requiring voter ID B. Explain how some view this as a civil rights issue*
*A. Positive: there is more meaning to vote since it represents one as a person, *NO FRAUD* B. Discrimination against poor and minors and young Liberals (Democrats) want NO ID and don't support the idea that fraud is widespread Conservatives (Republicans) say YES to ID *
Modern Civil Rights Movement
*Civil Disobedience:* Martin Luther King Jr.....-*Gandhi's* influence, - sit-ins, boycotts, marches, TV of violence against MLK gains support as they promote non-violence v. *Black Power Militancy:* Malcom X, "fight back", don't turn the cheek!!, Black Panthers
*Rights of the Accused*
*Executive Branch*- *charging* crimes and Arrest 51% evidence...probable cause *Judicial Branch*- *convicting* crimes and Guilt- 90%....beyond reasonable doubt *Implied Liberties of Accused*-...5th and 6th Amendments -Gideon: right to attorney with interrogations -Miranda: requires rights of silence and all other criminals rights reminders....
*Which amendment to the Constitution allows for portions of the Bill of Rights to be applied to the states?*
*Fourteenth Amendment*
*What shapes the true nature of the civil liberties and rights we possess?*
*Judicial interpretation*
*__________ greatly influenced Martin Luther King's philosophy of nonviolent civil disobedience.*
*Mahatma Gandhi *
*Originally, the Bill of Rights limited only the power of the ______.*
*National government*
*Which amendment granted women the right to vote in all elections? *
*Nineteenth Amendment *
Affirmative Action
*Special* consideration to minorities in education and hiring *challenges*- how special?? -> BAKKE- minority quotas in medical school white applicant sued...had better grades than minorities and HELD- can't do it if race is only factor *Bollinger* -> Race CAN be a factor in consideration but not the *determining* factor.....? more states now outlaw Affirmative Action
*14th Amendment*
*States must give Equal protection and due process* this is the BIGGEST!!!!
Free Speech Test
*Step 1:*state action- is the government or school restricting the speech? *Step 2:* ID type of speech: *-*school speech? speech within school or school event *-* Obscene speech? cuss words, violent expressions, or sexual explicit *-* political speech? related to feelings about our government. *Step 3:* Gov't Restriction: *-*school can restrict if proving disruption (Tinker) or speech goes against school mission) *-* Gov't can restrict in time and place of expression as relates to minors *-*Low, clear present danger and bad tendency test gov't must show speech is clear threat to public safety.
*Explain how some view the Voter ID in American Elections as a civil rights issue*
*The discrimination against poor and minors*
*Which of the following statements best describes the Bill of Rights?*
*The rights guaranteed in the Bill of Rights change over time, depending on interpretation by the Supreme Court*
*The Supreme Court provided general statements on the constitutionality of government aid to religious schools, stipulating the aid had to be secular in aim, the aid could not have the primary effect of advancing or inhibiting religion, and that the government must avoid "an excessive government entanglement in religion". These statements became known as the ________. *
*Three-part *Lemon* Test*
*Title IX is often associated with increasing women's access to sports, but its greatest impact has been on ________. *
*admissions to professional programs like law and medicine, on financial aid, and on educational facilities *
*The policy in admissions or hiring that gives special consideration to traditionally disadvantaged groups to overcome the present effects of past discrimination is known as ______. *
*affirmative action *
*To prevent voter fraud, some states require government-issued photo identification or proof of citizenship to vote, whereas others restrict the voter registration process and access to early voting opportunities. Detractors of this claim that these requirements will ________. *
*burden the elderly, poor, disabled, young, and minority voters*
*The Supreme Court has ruled that the Ten Commandments __________. *
*can be displayed as part of larger monuments that are secular in nature*
*The view that most of the liberties and rights guaranteed in the Bill of Rights are protected from state government actions is known as the ______.*
*incorporation theory*
Rights for GLBT's
*law and marriage*: -gov't promotes marriage with tax benefits - can gov't outlaw same sex marriages that would deny these benefits? -Windsor (2013)- NO!!! federal gov't cannot deny benefits nor define Marriage -can states then deny same sex marriage or benefits?? -Obergefell (2015)- NO!!! ALL marriages legal and must have access to federal and state benefits. Opinion seems to point that gov't doesn't pass reasonable TEST!
*The First Amendment's free exercise clause means that _________. *
*people cannot hold beliefs harmful to the public*
*Civil Liberties mainly serve to ____*
*protect people from abuse of power by the government*
*The Supreme Court ruling in the *Bakke* case states that _____________. *
*race cannot be the sole factor in admissions decisions*
*The Charge that some affirmative action programs discriminate against non-minorities is called __________. *
*reverse discrimination *
*The 1833 case of Barron v. Baltimore held that _______.*
*the Bill of Rights did not apply to state law*
*The Voting Rights Act of 1965 resulted in __________________. *
*the elimination of discrimination of voter registration tests*
Federal Laws - These Supplement the Amendments we have discussed
-*Civil Rights Act of 1964* which outlaws segregation -*Voting Rights Act of 1965* which says ALL minorities have right to vote Current Issue: voting ID- do they discriminate against minorities and the poor? Liberals say NO to ID and Conservatives say: "ID laws WHY?"
Rights for Women
-19th Amendment (1920) -Lilly Ledbetter Fair Pay Act....$.59 to $.80 today -Title IX(9) which balances sport participation in high schools and college *and women in law and medical schools (more important)*
Equal Protection of the Laws (EP)
-EP does NOT require equality -requires when gov't treats SOME people differently it must have reasons to do so!!
14th Amendment(1868)
-STATES must provide some bill of rights protections to all... -don't need to write...just a reminder of Amendment -no state shall make or enforce any law which shall abridge the privileges or immunities (Bill of Rights) of citizens of the U.S.
Undue Burdens- Unconstitutional
-Spousal permission -special clinic/doctor restrictions (NOT OKAY)
Privacy Right - Abortion Rights
-various amendments imply "zones of privacy" -Roe v. Wade- Privacy right to trimester 1 abortion -Casey- "no undue burdens" in 1st trimester
Late 1800s- 3 ways 13th, 14th, and 15th am. are denied:
1. Jim Crow Laws- segregation 2. Civil Rights Cases-private busin, is not gov'ts and can deny rights 3. Plessy v. Ferguson: -"gov't separate but equal" doctrine -segregation supported
8th Amendment-Cruel and Unusual Punishments
1. State Action- Is the gov't punishing someone? 2. "no cruel or unusual punishment" Exceptions: Treason and Terroristic acts Rule- can kill any competent adult in a homicide case Exceptions of "cruel or unusual punishment?": can't kill: handicapped, minors, non-homicide offenders?, *cannot give life in jail to minor without a parole for them*
Search and Seizure Tests
1. State action-are the police searching and seizing? 2. no unreasonable searches and seizures? 3.A. *Home Rules:* (High Privacy Rights) Only reasonable without a warrant if: 1. consent 2. emergency to save lives OR evidence 3.B. *Car Rules:* (Lower Privacy Rights) Reasonable to Search with a warrant if: 1. see evidence in plain view/smell 2. consent by driver 3. search Relationship...safety(Knowles) Related to Arrest(Gant)
Civil Rights Amendments
1860s
Not Undue Burdens- Constitutional
24 hour wait, mandatory counseling, minors needing permission, out lawing public $$ for abortions, 2nd/3rd trimester abortion outlawed (OKAY)
Plain View Doctrine
4th Amendment issue of vehicles whereby police can search without a warrant if they see something illegal.
1950s
Beginning of change: Brown v. Board of Education of Topeka and -overturns Plessy v. Ferguson bc Segregation violates 14th Amendment - De facto segregation and de jure segregation ^^ purging laws cure de jure, but how to solve de facto? mandatory busing?
Establishment Clause
Congress cannot create any religion as the national religion, nor favor one religion over another
Free Exercise Clause
Congress shall make no law prohibiting the free expression of religion.
13th Amendment
Emancipation (Abolished Slavery)
Early 1900s
When voting Barriers Emerge: White primary-parties not a part of gov't. No black voting , Grandfather clause , Poll taxes , Literacy Tests
Freedom of Assembly
Rule- Freedom to assemble peacefully not disrupting others
4th Amendment
Search and Seizure Tests
Miranda v. Arizona (1966)
case involving the 5th Amendment; the Court ruled that suspects in police custody have certain rights and that they must be informed of those rights (right to remain silent; right to an attorney)
Gideon v. Wainwright (1963)
case involving the 6th Amendment; the Court ruled that in state trials, those who cannot afford an attorney will have one provided by the state, overturning Betts v. Brady
New York Times v. United States (1971)
case involving the freedom of the press; the Court reaffirmed its position of prior restraint, refusing to stop the publication of the Pentagon Papers
Texas v. Johnson (1989)
case involving the regulation of speech; the Court ruled that flag burning is a protected form of symbolic speech
Tinker v. Des Moines (1969)
case involving the regulation of speech; the Court ruled that wearing black armbands in protest of the Vietnam War was symbolic speech, protected by the 1st Amendment
Roe v. Wade (1973)
case involving the right to privacy; the outcome was a continuation of the recognition of a constitutional right of privacy for a woman to determine whether to terminate pregnancy
Escobedo Case
case involving the rights of the accused and the right for an attorney to be present during interrogation.
Mapp v. Ohio (1961)
case involving the rights of the accused; the Court ruled that evidence obtained without a search warrant was excluded from trial in state courts; involved the application of the exclusionary rule
Bakke v. California
case that declared racial quotas for educational acceptance unconstitutional
Plessy v. Ferguson (1896)
case where the Supreme Court upheld the Jim Crow laws by allowing separate facilities for the different races if those facilities were equal; created the separate but equal doctrine
Civil Rights Cases
cases that denied civil rights to minorities by holding that private businesses were not forced to provide Constitutional liberties
Prior restraint
censorship (examination for faults that could cause trouble) of information before it is published or broadcast
Equal Protection Clause
established in 14th Amendment requiring gov't to show good cause for treating groups differently by law
Title IX
federal law requiring balance among schools in gender equity of sports and educational opportunities.
19th Amendment
female voting rights
Obergefell
held that no government can deny the right to marry to same-sex couples nor deny rights/benefits to same-sex couples
Windsor
held that the Federal Government cannot deny rights/benefits to same-sex couples
Jim Crow laws
laws designed to segregate the races in schools, public transportation, and hotels
15th Amendment
minority make voting rights
24th Amendment
no poll taxes
13th, 14th, 15th Amendment passed BUT....
not realized by many....especially in South!
Preferred position doctrine
preference that speech or press be allowed.
Affirmative Action
process by which programs are put in place to provide opportunities to minorities in hiring or acceptance in schools
*Selective Incorporation Theory*
process case by case to apply the Bill of Rights liberties to states 14th Amendment is vehicle to force this upon the states
Civil rights
process of providing liberties to different groups of citizens over time.
19th Amendment
provided women the right to vote...suffrage.
de jure segregation
segregation by law
de facto segregation
segregation by social or cultural norms
beyond a reasonable doubt
standard utilized by courts to convict those charged with a crime if the jury/judge believes there is overwhelming evidence that a person committed a crime.
probable cause
standard utilized by law enforcement to arrest a suspect of a crime if evidence is likely to lead a person to believe a crime was committed.
Black Codes
state laws passed to keep former slaves in a state of political bondage; the laws included literacy tests, poll taxes, registration laws, and white primaries
Fifth Amendment
states that the government cannot take private property for public use without paying a fair price for it; self-incrimination
Exclusionary rule
the Court's effort to deter illegal police conduct by barring from court evidence that has been obtained in violation of the 14th Amendment
Brown v. Board of Education (1954)
the Supreme Court overturned the Plessy decision, ruling that separate but equal is unconstitutional
Civil liberties
those liberties provided in the Constitution that protect people from an over intrusive (causing disruption or annoyance through being unwelcome or uninvited) government.
Symbolic speech
using actions and symbols to convey an idea rather than words (burning a draft card or flag, wearing an armband in protest)
13th Amendment
abolished slavery
Bill of Rights
added in 1791 to the original Constitution to provide specific guarantees by the national government, including freedoms of religion, speech, press, & many other liberties
8th Amendment
amendment involving cruel and unusual punishment
Selective Incorporation
applies the guarantees of the Bill of Rights to state and local governments through the 14th Amendment case by case