U.3: AP Gov Exam - Studying Flashcards
Civil Liberties
Constitutional Rights that protect individuals from Govt
BILL OF RIGHTS!!
First Amendment (Bill of Rights)
FREEDOM OF eligion, speech, press, assembly, petition.
RAPPS (Religion, Assembly, Press, Petition, Speech)
Second Amendment (Bill of Rights)
right to bear ARMS
Third Amendment (Bill of Rights)
no forced quartering of TROOPS in homes
Fourth Amendment (Bill of Rights)
protects against unreasonable SEARCH and SEIZURE - there must be a warrant issued before arrest or search.
Fourth Amendment (Bill of Rights)
DUE PROCESS of law
No double jeopardy
No self-incrimination
When private property is taken for public use, there is just compensation
Right to grand jury indictment in criminal cases - this is kind of due process of law
If there is enough evidence against the defendant, they will be tried
Sixth Amendment (Bill of Rights)
PROTECTIONS during criminal prosecutions
Speedy and public trial by an impartial jury
Right to confront witnesses,
Right to complel favorable witnesses to testify in your defense
Right to legal representation / assistance of a defense council
Seventh Amendment (Bill of Rights)
the right to TRIAL BY JURY is guaranteed in federal cases / certain civil suits
Eighth Amendment (Bill of Rights)
protection against EXCESSIVE bail, EXCESSIVE fines, and CRUEL and UNUSUAL punishment
Ninth Amendment (Bill of Rights)
protection of rights NOT LISTED in the constitution
Has to do with privacy
Tenth Amendment (Bill of Rights)
powers that do not specifically belong to the government / are not forbidden/withheld from the states belong to the STATES or to the PEOPLE AS A WHOLE
Fourteenth Amendment (Bill of Rights)
the Fourteenth Amendment granted citizenship to all persons “born or naturalized in the United States,” including formerly enslaved people, and provided all citizens with “equal protection under the laws,
EQUAL PROTECTIONS CLAUSE comes from THIS
Civil Rights
(not civil liberties)
legislation/policy that PROTECTS people from discrimination
[Free] Establishment Clause (First Amendment)
separation of church and state
(Engel v Vitale )
Free Exercise Clause (First Amendment)
right to believe what you want
( Wisconsin v Yoder )
Engel v Vitale
school-sponsored prayer violates the FREE ESTABLISHMENT CLAUSE of the First Amendment
Said that it violated church and state + did not allow for freedom of religion because it was forcing a religion upon students
Students didn’t have to participate if they didnt want to, but the prayer still was not allowed
Future cases: separation of church and state + establishment clause in SCHOOL
Summary: Stephen Engel was a parent, William Vitale was the president of the School Board!
Wisconsin v Yoder
1972 - group of Amish people said that their religion forbid formal education for their children beyond 8th grade. So - Amish decliend to send their kids to school, and it broke Wisconsin’s compulsory school attendance law, which required school through the age of 16.
FIRST AMENDMENT: FREE EXERCISE CLAUSE : freedom to exercise religion. Does this affect Amish people breaking the law when they Can’t go to school?
In favor of YODER
In favor of free exerside of religion under the First Amendment
INCORPORATED by the Fourteenth Amendment
Fourteenth Amendment: granted citizenship and equal civil and legal rights to anyone born in the United States or who became a citizen of the country. This included African Americans and slaves who had been freed after the American Civil War.
DUE PROCESS CLAUSE - life, liberty, and happiness – states cannot deny citizens of this
(how does this apply to future cases?)
established the precedent that an individual’s right to exercise their religious beliefs under the First Amendment takes priority over the state’s interests in compulsory education
INDIVIDUALS RIGHT under the FIRST AMENDMENT go over STATE’S INTERESTS IN EDUCATION
Free Speech - the first amendment
all free political (& symbolic) speech is protected
(Tinker v Des Moines)
(Schenck v United States)
Tinker v Des Moines
student’s free speech rights in schools under the First and Fourteenth Amendments – basically, free speech and rights still apply in school!!
Also affirmed the protectionns of symbolic speech
Armbands in school to protest the vietnam war - said that they were disrupting class
Tinker v Des Moines Independent Community School District
Schenck v United States
How does Clear and Present Danger affect Free Speech?
Espionage Act of 1917 - Shenck’s speech ahd created a clear and present danger of DISOBEDIENCE and DEFIANCE of the draft during wartime
Forbade undermining the war effort
Shenck disributed leaflets that were like “hey draftees, resist the draft through peaceful actions!” He was charged with violaating the Espionage Act of 1917
ISSUE: Did Schenck’s conviction under the Espionage Act for criticizing thethe draft violate his First Amendment right to freedom of speech?
Yes, as it created Clear and Present Danger
Clear and Present Danger: doctrine adopted by the Supreme Court. Does the free speech cause a clear and present danger?
Libel
WRITTEN defamation
Slander
SPOKEN defamation
Prior Restraint
PREVENTION of publication
NY Times Co v United States
New York Times Co. v United States
first amendment battle between the executive branch and two of the most respected newspapers in the country
In the end, the court ruled that prior restraint to prevent the publication of the “Pentagon Papers” was unconstitutional
Pentagon papers - Military analyst Daniel Ellsberg leaked these documents and have them to the New York Times and the Washington Post.
Question was asked - is prior restraint unconstitutional under the first amendment (what the New York Times argued) or was prior restraint necessary to protect national security (what the president thought)?
Selective Incorporation
Bill of Rights did NOT apply to states until selective incorporation brought them to states PIECE BY PIECE if FUNDAMENTAL
McDonald v Chicago
McDonald v Chicago
most recent example of an amendment being INCORPORATED -
INCORPORATES the Second Amendment for the first time
Chicago’s handgun ban was struck down as unconstitutional
Several Chicago residents, including Otis McDonald, kept handguns in their houses for self-defense. Chicago had banned this, but they were like, No! Hey! That’s unconstitutional. Supreme Court held in favor of McDonald. Now, therefore, the Second Amendment now applies to state and local government through the doctrine of Selective Incorporation!!
Rights of the Accused
4th Amendment - Exclusionary rule - can’t use illegal evidence
6th Amendment - Lawyer must be provided
5th Amendment - Miranda Rule (“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning”) (exception for public safety)
+ Free and quick trail
Gideon v Wainwright
Gideon v Wainwright
the Sixth Amendment guarantees the right of the attorney - this case finally INCORPORATED it into the states. !
Clarence Earl Gideon was tried in a Florida court without an attorney for petty theft (he could not afford an attorney). His request for having an attorney appointed was denied. Had a poor job defending himself at trial. He wrote a petition for a writ of certiorari asking the Supreme Corut to hear his case, and they agreed/granted it.
At the supreme court - his side/his attorneys argued that the SIxth Amendment’s right to an attorney should be incorporated into State Law because of the Due Process Clause of the Fourteenth Amendment.
– The Due Process Clause of the Fourteenth Amendment had been used to incorporate parts of the BIll of Rights and make them applicable to the states in certain cases.
Court held in favor of Gideon!! Yay
Right to Privacy
Due Process Clause of the Fourteenth Amendment implies it
Roe v Wade - not required case but know it
Social Movements
Civil rights groups used legislation and court cases
Letter from Birmingham Jail
Brown v Board of Education
Letter from Birmingham Jail
Explains the purpose and tactics of the southern civil rights movement
Explains urgency for need for change regarding jim crow laws
Draws on the principle of Natural Law in order to explain just and unjust laws
Describes the difference between the southern civil rights movement and the actions of black nationalists
Explains how the civil rights movement relates to the development of US political culture and religious traditions
Brown v Board of Education
Overturned the “separate but equal” doctrine of segregation
Does state-mandated racial segregation in public schools violate the Equal Protection Clause of the Fourteenth Amendment?
Does the “separate but equal” doctrine set by Plessy v Ferguson violate the fourteenth amendment?
Are “separate but equal” educational facilities consitututionally permissible?
Brown family vs. Board of Education
