AP GOV unit 3
Bill of Rights
The first 10 amendments to the U.S. Constitution, designed to protect individual freedoms from government overreach.
14th Amendment
Includes the Equal Protection Clause, Due Process Clause, and Citizenship Clause, extending protections from the Bill of Rights to state governments
Civil Liberties
Protections from government interference (e.g., freedom of speech, religion).
Civil Rights
Protections against discrimination (e.g., equal protection under the law
Selective Incorporation
Process by which the Supreme Court applies Bill of Rights protections to state governments through the 14th Amendment’s Due Process Clause.
Freedom of Religion
Lemon Test (Lemon v. Kurtzman, 1971)
A law must:
Avoid excessive government entanglement with religion
Engel v. Vitale (1962)
Banned school-sponsored prayer as a violation of the Establishment Clause.
Limitations on Free Exercise
Religious practices cannot break general laws (e.g., polygamy banned in Reynolds v. U.S.)
Limitations of the Establishment Clause
Government cannot endorse or promote religion (e.g., school prayer, government funding of religious activities)
Freedom of Religion in Schools
Students can pray privately but cannot be led in prayer by teachers or school officials.
Schenck v. United States (1919)
Established the “clear and present danger” test; speech can be restricted if it incites danger.
Tinker v. Des Moines (1969)
Students have the right to symbolic speech in schools as long as it does not disrupt learning.
Citizens United v. FEC (2010)
Corporations and unions can spend unlimited money on political campaigns under free speech protections.
Fighting Words
Speech intended to incite violence is not protected.
Clear and Present Danger
Speech that directly causes harm (e.g., shouting "fire" in a crowded theater) is not protected.
Slander
Spoken false statements that damage someone’s reputation.
Miller Test (Miller v. California, 1973)
Lacks literary, artistic, political, or scientific value
Obscenity
Not protected speech under the First Amendment.
Seditious Speech
Speech that advocates the overthrow of the government (not always protected).
Commercial Speech
Advertising can be regulated if misleading or promoting illegal activity.
Freedom of Speech in Schools
Schools can limit speech if it disrupts the educational process (e.g., Bethel v. Fraser).
New York Times v. United States (1971)
Government cannot censor the press (Pentagon Papers case) unless national security is at risk.
Libel
False written statements that harm someone’s reputation.
Prior Restraint
Government censorship before publication is generally unconstitutional.
Shield Laws
Protect journalists from revealing confidential sources.
Time, Place, and Manner Restrictions
Protests can be regulated for public safety but not content-based.
McDonald v. Chicago (2010)
Incorporated the 2nd Amendment to the states.
Roe v. Wade (1973)
Legalized abortion based on a right to privacy under the 14th Amendment.
Balancing Individual Freedom with Public Order and Safety
Civil liberties can be restricted in emergencies (e.g., during wartime).
Writ of Habeas Corpus
Requires the government to justify imprisonment.
Ex Post Facto Laws
Laws cannot punish actions retroactively.
Substantive Due Process
Protects fundamental rights.
Procedural Due Process
Ensures fair legal proceedings.
4th Amendment
Protects against unreasonable searches and seizures.
New Jersey v. T.L.O. (1985)
School officials need "reasonable suspicion" (not probable cause) to search students.
Exclusionary Rule
Illegally obtained evidence cannot be used in court.
Stop and Frisk
Police can search based on reasonable suspicion (Terry v. Ohio).
Exigent Circumstances
Warrantless searches allowed in emergencies
Probable Cause
Strong evidence needed for a warrant.
5th Amendment
Criminal Process
Steps in prosecuting a crime
Self-Incrimination
A person cannot be forced to testify against themselves.
Double Jeopardy
Cannot be tried twice for the same crime.
Eminent Domain
Government can take private property for public use with compensation.
Miranda v. Arizona (1966)
Established Miranda rights (right to remain silent, right to a lawyer).
Gideon v. Wainwright (1963)
Right to an attorney even if you cannot afford one, in all state criminal court cases.
Death Penalty Limitations
Cannot be used on minors or mentally disabled persons.
Criminal Law
Government prosecutes a person for a crime.
Civil Law
Private disputes (e.g., contracts, property).
Standards of Proof
Criminal cases: "Beyond a reasonable doubt"
Civil cases: "Preponderance of evidence"
Right to Appeal
Right to challenge a court’s decision.
Plaintiff
Person bringing a lawsuit.
Defendant
Person being sued or charged.
Prosecutor
Government attorney in a criminal case.
Hung Jury & Mistrial
Hung Jury: Cannot reach a verdict.
Mistrial: Trial is invalid due to error.
Subpoena & Summons
Subpoena: Order to testify or present evidence.
Summons: Order to appear in court.
7th Amendment
Right to a jury in civil cases.
Plessy v. Ferguson (1896)
Established "separate but equal."
Brown v. Board of Education (1954)
Overturned Plessy, ending school segregation.
Regents of UC v. Bakke (1978)
Racial quotas in college admissions unconstitutional but race can be a factor.
Korematsu v. U.S. (1944)
Upheld Japanese internment during WWII.
Obergefell v. Hodges (2015)
Legalized same-sex marriage nationwide.
Jim Crow Laws
Enforced racial segregation.
De jure segregation
Legal segregation.
De facto segregation
Affirmative Action
Affirmative Action
Key Civil Rights Laws
Naturalization Act of 1906
Established standardized citizenship procedures in the U.S.
Required English proficiency for naturalization.
Created the Bureau of Immigration and Naturalization, centralizing the process.
Executive Order 9066 (1942)
Upheld by the Supreme Court in Korematsu v. United States (1944), though later criticized.
Indian Removal Act (1830)
Challenged in Worcester v. Georgia (1832), but Jackson ignored the ruling.
Social Movements and Equal Protection
Equal Protection Clause (14th Amendment): Requires laws to apply equally to all citizens.
Government Responses to Social Movements
Role of States
Role of Congress
Role of the Courts
Balancing Minority and Majority Rights
Voting Rights Act (1965): Prevented racial discrimination in voting.
MLK’s Letter from Birmingham Jail (1963)
Argued that people have a moral obligation to resist unjust laws.
15th Amendment (1870)
Loopholes like literacy tests and poll taxes were used to suppress Black voters.
19th Amendment (1920)
Culmination of the women’s suffrage movement led by activists like Susan B. Anthony and Elizabeth Cady Stanton.
24th Amendment (1964)
Banned poll taxes, which were used to prevent poor and minority citizens from voting.
26th Amendment (1971)