AP Gov Unit 5

Civil Liberties

Constitutional freedoms guaranteed to all citizens

Amendment

A change in, or addition to, a constitution or law

Ratification

Formal approval, final consent to the effectiveness of a constitution, constitutional amendment, or treaty

Bill of Rights

The first ten amendments to the Constitution

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Free Exercise Clause

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

Clear and Present Danger

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 evil or illegal acts.

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 and as confirmed in the 1931 Supreme Court case of Near v. Minnesota.

Espionage Act of 1917

Law which punished people for aiding the enemy or refusing military duty during WW1

Symbolic speech

Using actions and symbols rather than words to convey an idea

Slander

False charges and malicious oral statements about someone

Libel

A written defamation of a person's character, reputation, business, or property rights.

Restrictions on Obscenity and Pornography

Words, images, or videos that depict sexual activity in an offensive manner and that lack any artistic merit

Time, Place and Manner

Limits that government can impose on the occasion, location, and type of individual expression in some circumstances.

Selective Incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

Due Process Clause (14th amendment)

State governments must observe fair procedures when they deny a person life, liberty, or property.

Warrant

A legal paper, issued by a court, giving police permission to make an arrest, seizure, or search.

Probable Cause

The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence.

Exclusionary Rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

Procedural Due Process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

Grand Jury

A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime.

Miranda Rights

A list of rights that police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona.

Bail

A sum of money used as a security deposit to ensure that an accused person returns for his or her trial

Civil Rights

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.

13th Amendment

Abolition of slavery

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

15th Amendment

Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude

Jim Crow Laws

Laws designed to enforce segregation of blacks from whites

De jure segregation

Racial segregation that occurs because of laws or administrative decisions by public agencies.

De facto segregation

Segregation resulting from economic or social conditions or personal choice.

Social Movements

A large group of people who are organized to promote or resist some social change

Civil Disobedience

A form of political participation that reflects a conscious decision to break a law believed to be immoral and to suffer the consequences.

Civil Rights Act of 1964

Outlawed discrimination based on race, color, religion, sex, or national origin

Voting Rights Act of 1965

A policy designed to reduce the barriers to voting for those suffering discrimination.

Affirmative Action

A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities

Strict Scrutiny Standard

A standard under which a law or action must be necessary to promote a compelling state interest and must be narrowly tailored to meet that interest.

Rational Based Standard

Differential treatment must be shown to be reasonable and not arbitrary

Intermediate Scrutiny

An intermediate standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is considered constitutional if it advances "an important government objective" and is "substantially related" to the objective

19th Amendment

Gave women the right to vote

Defense of Marriage Act (DOMA)

(1996) Defines marriage as man-woman. No state is forced to recognize same-sex marriage

Engle v. Vitale**

Mandatory prayer in schools is a violation of the establishment clause

Wisconsin v. Yoder**

Amish do not have to attend school after 8th grade - right to freedom of religion

Schenck v. United States**

A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.

New York Times v. United States**

If the government wishes to censor information before it is printed or published, it must be proven in court that the information will endanger national security.

Tinker v. Des Moines**

Students have the right to symbolic speech at school as long as it is not disruptive

DC v. Heller

Struck down a Washington DC ordinance that banned handguns

McDonald v. Chicago **

Incorporated the 2nd Amendment right to bear arms to the states

Gideon v. Wainwright**

A person who cannot afford an attorney may have one appointed by the government

Plessy v. Ferguson

A 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal

Brown v. Board of Education**

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Griswold v. Connecticut

Established that there is an implied right to privacy in the U.S. Constitution

Roe v. Wade**

(1973) Legalized abortion on the basis of a woman's right to privacy

Dobbs v. Jackson Women's Health Organization

A case in which the Court overruled Roe v. Wade and Planned Parenthood v. Casey, eliminating the constitutional right to abortion.

US v. Windsor

The Defense of Marriage Act (DOMA), enacted in 1996, states that, for the purposes of federal law, the words "marriage" and "spouse" refer to legal unions between one man and one woman. Since that time, some states have authorized same-sex marriage. In other cases regarding the DOMA, federal courts have ruled it unconstitutional under the Fifth Amendment, but the courts have disagreed on the rationale

Obergefell v. Hodges

States obligated to recognize same-sex marriage from other states.

Significance of Free-Exercise Clauses

Protects citizens' right to practice their religion as they please

Limitations on Freedom of Expression and Speech

Incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats

Rights of the Accused

The protections that the Constitution guarantees to citizens who are accused of crimes.

The Civil Rights Amendments

The 13th, 14th, and 15th Amendments, which abolished slavery, redefined civil rights and liberties, and guaranteed the right to vote to all adult male citizens

Significance of the Due Process Clause

Guarantees "due process of law" before the government may deprive someone of "life, liberty, or property."

Significance of the Establishment Clauses

Prohibits the government from "establishing" a religion

Impact of Social Movements - Montgomery Bus Boycott

Resulted in the Supreme Court ruling segregation on public buses unconstitutional

Impact of Social Movements - Birmingham Campaign

Paved the way for the Civil Rights Act of 1964

Purpose and Importance of Letter From Birmingham Jail

To address the criticism directed towards his campaign and to point out that injustice is an acceptable reason for civil disobedience

Significance of Civil Rights Act of 1964

For the first time the 14th amendment will be enforced and secured the rights the blacks were guaranteed by the 14th amendment

Signidicance of Voting Rights Act of 1965

Outlawed the discriminatory voting practices adopted in many southern states after the Civil War, including literacy tests as a prerequisite to voting

Significance of National Organization for Women

Takes action to bring women into full participation in the mainstream of American society

Title VII

Civil Rights Act of 1964—forbids discrimination based on sex, race, color, national origin, or religion.

Title IX

A United States law enacted on June 23, 1972 that states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

Significance of Defense of Marriage Act

No State, territory, or possession of the United States or Indian tribe shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction

Significance of US v. Windsor

Section three of the Defense of Marriage Act (DOMA) is unconstitutional and that the federal government cannot discriminate against married lesbian and gay couples for the purposes of determining federal benefits and protections.

Significance of Obergefell v. Hodges

All same-sex couples are guaranteed the right to marry

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Right to bear arms

3rd Amendment

No quartering of soldiers

4th Amendment

Freedom from unreasonable searches and seizures

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

7th Amendment

Right to a trial by jury in civil cases

8th Amendment

No cruel or unusual punishment

9th Amendment

Citizens entitled to rights not listed in the Constitution

10th Amendment

Powers Reserved to the States

1st Amendment required court cases

Engel V. Vitale, Wisconsin V. Yoder, Schnenck V. US, New York Times V. US, Citizens United V. FEC. Tinker V. Demoines

10th Amendment required court cases

Gideon V. Wainwright, McCulloch V. Maryland

Equal protection clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination