AP Government and Politics Review

8/10/2019 AP Government and Politics Review

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Unit 6 Study Guide

What is the difference between civil liberties and civil rights? What constitutional amendments areinvolved in these issues?

Civil liberties: the fundamental individual rights of a free society (in Bill of Rights)- First: speech, assembly, religion- Fourth: search and seizure, arrest- Fifth: self-incrimination, double eopardy- !i"th: right to counsel, speedy trial- #ighth: cruel and unusual punishment, e"cessive bail

Civil Rights: rights of groups against discrimination under the $% th &mendment's e ual protection clause

Why have the federal courtsand the Supreme Court in particularplayed such a key role in civilliberties and civil rights?

- ecisions set precedents (stare decisis)- !elective incorporation

What is selective incorporation? ow is the !" th amendment involved in this process?efinition: & case by case application of the Bill of Rights to states

- *itlo+ v e+ .or/ ($012): decided that the due process clause of $% th amendment applies the $ st amendment to each state, including local governments (freedom of speech)

- *iddeon v 3ain+right ($045): right to counsel in all felony cases6 4 th amendment- 7app v 8hio ($04$): e"clusion rule9 no evidence from unreasonable searches and seizures 6 % th

amendmentue process is the principle that the government must respect all of the legal rights that are o+ed to a person

according to the la+ ue process holds the government subservient to the la+ of the land, protecting individual persons from the state

What are some limitations on freedom of speech? When and under what conditions can speech berestricted?;olitical !peech

$ !chen/ v < ! ($0$0): =clear and present danger> not constitutionally protecteda ennis v

attempting to organize rallies1 Brandenburg v 8hio ($040): only speech that +ould incite =imminent la+less action> could be

prohibiteda ?e"as v @ohnson: flag burning is constitutionally protected because it doesn't incite imminent

la+less action

5 &mericans are free to say almost anything on political issues, including hate speecha Can't silence speech based on content (doesn't e"tend to hate crimes)!tudent !peech

$ ?in/er v es 7oines !chool istrict ($040): students have free speech rights on campus as long as itdoes not create a substantial influence to school activities

a Aazel+ood v uhlmeier ($0 ): upheld principal's censorship of pregnancy and divorce storiesin school yearboo/ because it +ould violate privacy rights and lead to substantial interference

8bscenity$ not constitutionally protected1 Roth v

salacious le+d lustful interest and has no redeeming social value


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5 7iller v California ($0D5): contemporary community standards udged in conte"t of a =reasonable person> locals can regulate issue

;rior Restraint& form of censorship in +hich one is prevented, in advance , from communicating certain material(speech publication)

$ e+ .or/ ?imes Co v : government must do more than claimnational security is at sta/e must sho+ that direct harm, needs over+helming ustification

1 generally government can't stop media in advance from reporting their vie+s e"cept on < ! militaryoperations during +artime and uncensored but classified publications by past and present employees can

be prohibitedGibel (printed) and !lander (spo/en)!peech that is false, malicious, and untrue 6 not protected

$ court less protective of allegations made about private citizens opposed to public officials1 e+ .or/ ?imes Co v !ullivan ($04%): published the violent police suppression of &frican &mericans

during civil rights movement, 7ontgomery police !ullivan sued for libel but overruleda ;ublic officials may sue for libel only if the statements published +ith =actual malice> 6

/no+ledge that it +as false or +ith rec/less disregard5 Austler 7agazine v Fal+ell ($0 ): portrayed preacher Fal+ell negatively criticism of public officials

is protected

What are the key cases and rulings with regard to the ! st amendment#s establishment and free e$erciseclause??he $ st amendment does 8? re uire separation of church and state

Free e"ercise clause: =Congress shall ma/e no la+ prohibiting the free exercise of religion > H prohibitsgovernment from interfering +ith practice of religion or prohibiting free e"ercise of religion

$ belief action dichotomy: courts have treated religion as speechEsay +hatever you +ant as long as itdoesn't harm others

1 state interest in regulating certain religious practices% not beliefs 6 state must sho+ compelling reasonfor restricting religious practice and one that is the =least restrictive> means necessary to accomplishgoal

5 Church of Gu/umi Babalu v City of Aialeah, FG ($005): church can sacrifice chic/ens because itdoesn't harm others and there's no compelling government interest

% Reynolds v

$ #ngel v Iitale ($041): prohibits prayer in public school 6 many states try to get around this throughnon-denominational prayers and =moments of silence>

1 3allace v @afree: voluntary moment of silence in &labama publics schools violates establishment clause because it is considered coercive trying to put religion in public setting and favors religious ma ority

5 Ian 8rden v ;erry (1JJ2): re ected suit re uesting removal of ?en Commandments monument becauseit +as installed by non-religious group half a century ago

% Kelman v !immons-Aarris: upheld 8hio la+ that allo+ed students to receive ta"-supported voiches toattend private or religious school 6 students have choice

&ccording to the SC% what rights are the criminally accused entitled to?!' procedural due process: constitutional re uirement that government must follo+ proper legal

proceedings before a person can be legitimately punished for an alleged offense(' main protection in criminal proceeding before courtroom is " th amendment ) against illegal search

and sei*ure


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a not a blan/et protection against searches b e" Lndianapolis v #dmund: alcohol chec/points are o/ay because serve public safety9 narcotics

roadbloc/s are prohibited because meant for la+ enforcement+' e$clusionary rule, evidence obtained in violation of a person's constitutional rights cannot be used as

evidence in trial"' !C developed principle that police must have solid basis -probable cause. for believing that an

individual +as involved in specific crime before stopping thema !C's goal is to +ea/en the rule +ithout giving police unduly broad discretion

b Audson v 7ichigan (1JJ4): police don't need =/noc/ and announce> rule anymore/' habeas corpus gives defendants access to federal courts in order to argue that their rights +ere violated

+hen they +ere convicted in a state courta inmates use this to appeal9 can ta/e advantage of

6' 0 th amendment ) cruel and unusual punishmenta !C barely invo/es9 allo+s Congress and state legislation to decide appropriate penalties for

crime b &t/ins v Iirginia: outla+ed death penalty for mentally retardedc Roper v !immons: no death penalty for uveniles

1' 6 th amendment 2 Bla/ely v 3ashington (1JJ%): 4 th's right to ury by trial prohibits udge fromenhancing criminal sentences based on facts other than those decided by jury or admitted by defendant

0' / th amendmenta protected against self incrimination H have right to remain silent and be protected against

coercion by la+ enforcement officials b double eopardy: can't be tried t+ice for same crime if first trial results in verdict of innocencec due processd

3$plain the difference between de 4ure and de facto segregation' Why has de facto segregation persistedin the U'S?

$ de ure (by la+): racial segregation restriction la+s1 de facto (circumstance): conse uence of social, economic, cultural biases and conditions

a more difficult because embedded in society9 pre udice, habits

5 e5uality of result, the aim of policies intended to reduce eliminate the effects of discrimination so thatmembers of traditionally disadvantaged groups +ill have same benefits of society as do members ofadvantaged groups

a policies: affirmative action, busing

What are the different 4udicial standards the Supreme Court uses in deciding cases involvingdiscrimination? Why are there different standards?

$ strict scrutiny (race ethnicity) 6 eliminates this as a category +hen it places minority group members at adisadvantage

a suspect category: classifications that have discrimination as their purpose are presumedunconstitutional

1 3hy there are different standards: Craig v Boren ($0D4): se" classifications are permissible if they serveimportant governmental ob ectives and +ere substantially related to achievement of these goals H putsse" gender in intermediate scrutiny test

5 intermediate scrutiny (gender) 6 almost suspect category9 la+ must serve clearly compelling and ustified purpose

a Rost/er v *oldberg: policy of male-only registration upheld on grounds that e"clusion of+omen from involuntary combat has important purpose

b < ! v Iirginia: male only admissions policy at Iirginia 7ilitary Lnstitute (a state supportedcollege) is unconstitutional


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What is the -right to privacy.? how has it been used in cases involving abortion and homose$ualconduct?

$ Bill of Rights implies right to privacy based on $ st, %th, 0 th amendments1 *ris+old v Connecticut: state has no business interfering +ith married couple's decision regarding

contraception H +in for birth controlM5 Roe v 3ade: right to privacy under the due process clause of the $%th &mendment e"tended to a

+omanNs decision to have an abortion, but that right must be balanced against the stateNs t+o legitimateinterests in regulating abortions: protecting prenatal life and protecting +omenNs health

a ?rimester test- +omen have full freedom to choose abortion during first 5 months of pregnancy% reaffirmed by ;lanned ;arenthood v Casey

a changed standard to =undue burden> 6 states can impose regulations that don't place undue burden on +omen

2 Ga+rence v ?e"as (1JJ5): invalidated state la+s that prohibit se"ual relations among consenting adultsof the same se"

What is the status of gay rights in &merica? What are the key SC rulings?$ 1JJJ Boy !couts banned gays because their creed forbids homose"uality - constitutional1 don't as/ don't tell military policy9 as long as they don't reveal preference, they can enlist and stay in

service (other+ise they can be barred)

a upheld ban citing the unusually close physical pro"imity +ith minimal privacy in military5 Iermont and 7assachusetts legalized same se" marriage% &mericans more accepting

What significant gains have been made in the women#s movement? What issues remain?*ains Remaining Lssues

# ual ;ay &ct of $045: no se" discrimination +ithsalaryitle 78 of 3ducation &mendment : prohibits se"discrimination in education

Glass ceiling, the invisible but real barrier that +omenencounter +hen firms decide +ho to appoint to top

positions- only 1O of 2JJ largest < ! corporations are headed

by +omen +ho still only ear P of male salary

Courts have held that companies and gov't agenciescan be sued if they don't ma/e effort to prevent gender discrimination, le+d comments, se"ual harassment,un+elcome advances


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1 Civil Rights &ct of $04 (housing): o+ner can't refuse to sell rent housing because of person's race,religion, se", ethnicity

a !till remains highly segregated because annual income of blac/s substantially lo+er than most+hite familyies and at one time ban/s refused to grant mortgage loans to certain neighborhoodsH drove do+n price of homes, influ" of blac/s +hile +hites left

5 1%th &mendment outla+s poll ta"es% Ioting Rights &ct of $042: forbids discrimination in voting and registration9 also prohibits literacy tests

What rights do teens and students have in school settings? Cite limitations on student rights and casesinvolved'

$ !C gives schools a lot of lee+ay9 reasonable suspicion1 7orse v Frederic/: speech rights +ere not prohibited by suspension QBong Aits % @esus', school can

suspend prohibit5 Bethel !chool istrict v Fraser (nasty speech): suspension doesn't violate $ st amendment% ?in/er v es 7oines (blac/ arm bands protesting +ar): freedom of speech protected (considered

political speech) and didn't not cause substantial interference

What civil liberties issues does the ;&


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2 ;rop 1J0 ($004): prohibit state government institutions from considering race, se", or ethnicity,specifically in the areas of public employment, public contracting or public education

4 ;rop $ D ($00%): ballot initiative to establish a state-run citizenship screening system and prohibit illegalaliens from using health care, public education, and other social services in the < ! !tate of California

a eclared unconstitutional by federal courtD C & (Communications ecency &ct) passed by Congress to protect children from indecent material on

internet9 gov't regulation 6 +anted it to be crime to send indecent material to minorsa !truc/ do+n by !C, violation of $ st amendment

$ Freedom of religion, speech, press, assembly, and petition

1Right to /eep and bear arms in order to maintain a +ell regulated militia

5 o uartering of soldiers

% Freedom from unreasonable searches and seizures

2 Right to due process of la+, freedom from self-incrimination, double eopardy

4 Rights of accused persons, e g , right to a speedy and public trial

D

Right of trial by ury in civil casesFreedom from e"cessive bail, cruel and unusual punishments

0 8ther rights of the people

$J ;o+ers reserved to the states
http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentihttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentiihttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentiiihttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentivhttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentvhttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentvihttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentviihttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentviiihttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentixhttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentxhttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentihttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentiihttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentiiihttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentivhttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentvhttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentvihttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentviihttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentviiihttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentixhttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentx


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>ocabulary erm &mendment Court Case!ymbolic speech: actions that

purposefully and discernibly convey a particular message or statement tothose vie+ing it

$st 6 free speech ?e"as v @ohnson ($0 0)Flag burning to protest I +ar constitutional, no imminent la+less action

Aate speech $ st 6 free speech R & I v 7innesota ($001)Burned cross on la+n of blac/ family 6violation of hate speech ordinancehate speech la+s violate $ st, can't punish

based on content?he Gemon ?est: re uirements forlegislation concerning religion$ must have secular purpose1 must neither promote inhibitreligion5 no e"cessive governmententanglement +ith religion

$st 6 freedom ofreligion

Kelman v !immons-Aarris (1JJ1)!chool voucher program after public schoolsfailingdoesn't violate establishment clause becausethe goal is secular (improve education) and

parents can choose school

#nemy combatants 2 th 6 due process of la+ Aamdi v Rumsfeld (1JJ%)< ! citizen in !audi &rabiacitizen, even though a detainee, is stillentitled to fair opportunity to rebutgovernment's assertions before a neutral

udgeReasonable suspicion % th 6 unreasonable

search and seizure e+ @ersey v ?G8 ($0 2)*irl suspected of smo/ing in bathroom uestioned and searched for drugs!C ruled constitutional search because ofreasonable suspicion

;rior restraint $ st 6 freedom of press e+ .or/ ?imes v Constitutional for them to publish thenclassified ;entagon ;apers

!elective incorporation % th 6 illegalsearch seizure2th 6 self incrimination4th 6 right to counsel

7app v 8hioestablished e"clusionary rule7iranda v &rizonastuff can't be used unless can prove thedefendant +as informed of rights*iddeon v 3ain+rightright to counsel for everyoneMM

Clear and present danger test $ st 6 speech !chen/ v


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Free e"ercise clause $% th 8regon v !mith ($00J) & use peyote drug for ceremony, lost obnot constitutional because there are validfederal drug la+s 6 can't have religiouse"emptions

#"clusionary rule % th 7app v 8hio;lain Iie+ % th &rizona v Aic/s

;olice chased suspect into apartment, sa+stereo out of place +hich turned out to bestolen, Aic/s +as indicted for robbery re uires the police to have probable causeto seize items in plain vie+

Lmminent la+less action $ st 6 speech ?in/er v es 7oines !chool istrictruled in favor of censorship of teen

pregnancy and family divorce stories inschool ne+spaper 6 violation of privacyrights and could incite action

8bscenity $ st Reno v &CG

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