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)?
