AP U.S. Government Civil Liberties and Civil Rights
What is in the Fourteenth Amendment and was likely an inspiration for Martin Luther King, Jr.'s "Letter from a Birmingham Jail"?
"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S.; nor shall any state deprive a person of life, liberty, or property."
The Fourteenth Amendment specifically forbids the states from denying to anyone
"Not state shall make of enforce any law which shall abridge the privileges or immunities of citizens of the U.S or deprive them of life, liberty, property, or jurisdiction."
The Selective Incorporation Doctrine shifted responsibility to the national government in a dramatic way. This has resulted in
(applying the guarantees of the Bill of Rights to state and local government)
Civil liberties are constitutionally established guarantees and freedoms that protect citizens, opinions and property against arbitrary government interference. Give an example of arbitrary governmental interference?
(where the people have others set over them to govern them without their choice)an example of arbitrary rule would be a dictatorship
In the Bill of Rights you would find the following language: 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. These words would be found in the
10th Amendment
Writing a dissenting opinion in Plessy v. Ferguson (1896) Justice Harlan wrote: Our Constitution is color-blind and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as man and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved.... What founding document best matches the sentiments of Justice Harlan?
14th Amendment
Where in the U.S. Constitution would you find: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
14th Amendment, Section 1
The Civil Rights Act of ______, the most important law since the Emancipation Proclamation, made racial discrimination illegal in public accommodations throughout America.
1964 (or maybe 1875?)
In the Bill of Rights you would find the following language: 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. These words would be found in the
1st Amendment
In the Bill of Rights you would find the following language: 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. These words would be found in the
2nd Amendment
A political scientist would most likely use McDonald v. Chicago (2010) to illustrate what?
2nd Amendments right to bear arms applies to all states
In the Bill of Rights you would find the following language: 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. In which amendment would these words be found?
4th Amendment
In the Bill of Rights you would find the following language: 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. These words would be found in the
6th Amendment
In the Bill of Rights you would find the following language: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. These words would be found in the
8th Amendment
Write a hypothetical case that the Supreme Court is likely to view as a right to privacy issue
A state preventing someone from having an abortion
Which of the following is an active comparison of Plessy v. Ferguson and Brown v. Board of Education?
A. "Separate but Equal" facilities is constitutional; "Separate but Equal" is unconstitutional
During the Civil War, President Lincoln suspended the right of habeas corpus and detained thousands of citizens who protested the war. What was his justification (in legal or constitutional terms) for doing so?
Article 1, Section 9, Clause 2 "writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion of public safety may require it."
Which of the following is an accurate comparison of Civil Rights and Civil Liberties?
B. Includes your right to Free Speech; Includes presidential voting procedures
Some have called the passage of the Fourteenth Amendment as equivalent to having a second Constitutional convention. Why?
Because the 14th amendment is one of the Reconstruction Amendments and was very consequential. It's brought up a lot?
Which of the following is an accurate comparison of rights protected and not protected by the Fourteenth Amendment?
C. Due Process; Right to bear arms
Which of the following is an accurate comparison of rights protected and not protected by the First Amendment?
C. The right to burn a flag; Obscenity
Segregation, discrimination and prejudice in places of commerce would no longer be accepted due to what historic piece of legislation?
Civil Rights Act 1964 or 1875
Come up with an example that exemplifies "pleading the fifth?"
Comes from the 5th Amendment and means someone doesn't have to answer questions that may incriminated them. When someone is arrested they can plead the fifth and not answer any of police's questions so they don't incriminate themselves.
In the Engel v. Vitale case of 1962, the Supreme Court ruled that ______ was (were) unconstitutional.
Court ruled that it is unconstitutional for a school official to start a school prayer or encourage it. No one should be forced to participate in prayers of religion.
Which of the following is an accurate comparison of Establishment and Free Exercise Clause?
D. Congress can make no official religion in the United States; The right to practice any religion or no religion at all
Martin Luther King, Jr.'s essay Letter from a Birmingham Jail (1993) inspired many to fight for greater equality. King's personal message in this essay can be distilled down to
Defends nonviolent protests, break unjust laws, take direct action, can't wait forever. "Injustice anywhere is a threat too justice everywhere."
Two clauses of the First Amendment deal with our religious liberty. They are
Establishment Clause and Free Exercise Clause
What does the American with Disabilities Act of 1990 do?
Forbids employers or owners of public accommodations from discriminating against people with disabilities (must make facilities wheelchair accessible etc.) Also created the Telecommunication relay service.
Ultimately the U.S. Supreme Court is empowered to interpret what our laws and privileges mean. A number of landmark court cases have defined the meaning of our rights. What landmark court cases used the incorporation doctrine to extend the right to an attorney in State cases?
Gideon V. Wainwright
Name the court case the Supreme Court of the United States for the first time applied free speech to the States.
Gitlow V. New York
The idea that the Constitution guarantees a right to privacy was first enunciated in what supreme court case?
Griswold V. Connecticut
James Madison wrote in Federalist 51: If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. Summarize Madison's argument?
He's advocating for checks and balances because people aren't perfect and without check put in place to keep them good it would be chaos
What is the most likely explanation for the trend indicated by the above chart?
Inflation (???)
The bill of Rights were added to our U.S. Constitution primarily to
James Madison wrote the first 10 amendments that are the Bill of Rights
Jim Crow laws were written for the purpose of
Jim crow laws were designed to segregate black people and other races
Based on the graph, how do the majority of people polled feel about abortion?
Legal under certain circumstances 51%
The Supreme Court decision in Barron v. Baltimore (1833) maintained that the Bill of Rights intended to prevent
Limited the Bill of Rights to the National Government, Bill of Rights didn't extend to state action
Ultimately the U.S. Supreme Court is empowered to interpret what our laws and privileges mean. A number of landmark court cases have defined the meaning of our rights. What landmark court case extended the Second Amendment's right "to bear arms" to the states using the due process clause of the Fourteenth Amendment?
McDonald V. Chicago
The Supreme Court held that any suspect put in custody by authorities must first be informed of their rights in what case?
Miranda V. Arizona
In what case did the Supreme Court rule that a newspaper, no matter how outrageous its opinions, must be allowed to publish without prior restraint?
Near V. Minnesota
Supreme court case_____________________ permitted the controversial Pentagon Papers to be printed, the Court recognized that our freedom of the press could be limited by national security.
New York Times V. United States
The first Congress added a Bill of Rights to the original Constitution. The Bill of Rights was added to increase the loyalty of the people. What fundamental worry did the Bill of Rights address?
People, like Alexander Hamilton, argued that the Bill of Rights would be dangerous to individual liberty
The police entered Tom's apartment without a legal warrant based upon an informant's tip that illegal drugs were present. Drugs were found. At trial the judge agreed with Tom's attorney who claimed the evidence was inadmissible. What legal principle did the judge base her opinion on?
Protection against unreasonable searches, 4th amendment
Among other things the Bill of Rights protects private property. Yet governments can take private property for "public use" as long as "fair compensation" is given. This Fifth Amendment protection is called
Protection of Private Property Rights
The Supreme Court has interpreted which of the following to protect religious beliefs but not necessarily all religious practices?
Religious Freedom Restoration Act
Today virtually all of our civil liberties as guaranteed in the Bill of Rights have been applied to the States. What legal principle has the Supreme Court used to apply the Bill of Rights to the States?
Selective incorporation
The publication of statements know to be false that are malicious and tend to damage a person's reputation is called
Slander
Ultimately the U.S. Supreme Court is empowered to interpret what our laws and privileges mean. A number of landmark court cases have defined the meaning of our rights. Which landmark court case extended our fundamental liberties by equating free speech with symbolic speech?
Texas V. Johnson (burning of the flag for protest)
The First Amendment also protects our religious freedom. Not only are we free to exercise the religion of our choice but also the government cannot establish any one religion over the other. The Lemon Test prescribes the rules regarding any apparent cooperation between church and state. What makes up the Lemon Test?
The law must (1) have a primarily secular purpose; (2) can't aid or inhibit religion; (3) can't create entanglement between government and religion.
Write a scenario which would most likely be considered a violation of the Fourth Amendment.
The police unreasonably search and arrest someone without a warrant of any proof.
Where did the early civil rights movement in the 1950s find its greatest successes?
Through Nonviolent protests
African-Americans were not the only marginalized groups to win political victories in the wake of the civil rights movement. What does Title IX of the Education Amendments in 1972 do?
on the basis of sex be excluded from any educational program/ activity receiving federal aid. Major impact on female participation in sports
What does the Twenty-Fourth Amendment, ratified in 1964 involve
outlawed poll taxes in the federal elections
List types of protections that can be found in the Bill of Rights.
restriction on law making on religion, speech, the press, assembly, petitioning the government. The right to bear arms. No forced quartering of troops in homes. Protection against unreasonable searches seizures, the right to have warrants before arrest of search. Right to a grand jury indictment, protection against double jeopardy and self incrimination. Right to due process of law, right to just compensation when private property is taken for public use. Protection during criminal prosecutions for a speedy and public trial by an impartial jury. Right to confront a (favorable) witnesses. Right to the assistance of defense counsel. Right to a trial by jury in certain civil suits. Protections against excessive bail, excessive fines, and cruel and unusual punishment. Protection of rights not listed in the constitution. Powers not delegate to the federal government nor prohibited by it to the states, are reserved to the states or the the people.
The outcome of Wisconsin v. Yoder rests heavily on what ideas reflected in the U.S. Constitution?
the right to practice any religion or no religion at all (Free exercise clause, 1st Amendment)
