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AP Government and Politics 2023 > Civil Liberties > Flashcards

Civil Liberties Flashcards

1
Q

Civil Liberties

A

protections from government abuse of power

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2
Q

Civil Rights

A

protections from discrimination

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3
Q

Selective Incorporation

A

applying bill of rights to the states on a CASE-BY-CASE basis through the 14th Amendment

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4
Q

First Amendment Rights

A

rights may be limited in interest of the greater public good

Freedom of Speech
Freedom of the Press
Freedom of Petition
Freedom of assembly
Freedom of Religion

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5
Q

Freedom of Speech

A
  • Amendment 1
  • congress may not pass a law that prevents citizens from expressing their opinions
  • Clear and Present Danger Test - no constitutional protection against acts that make people panic for no reason
  • Doesn’t protect obscenity
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6
Q

Schneck v. US

A

Schneck was arrested for handing out leaflets telling men not to enlist. SC ruled the conviction was constitutional since it posed a clear and present danger, which is not protected by the first amendment

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7
Q

Tinker v. Des Moines

A

Tinker siblings wore black armbands to school as a method of protest against the Vietnam War but were then suspended. Si[reme Court rules that children in public schools were protected by A1 as long as it didn’t violate constitution. If the actions didn’t cause substantial disruption, it was constitutional

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8
Q

Where can rights be diminished

A

in places like schools or airports

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9
Q

Freedom of the Press

A
  • A1
  • ability to freely speak out in the press
  • prior restraint: government crossing out sections of article before publication. is controversial
  • 3 part obscenity test: would the average person judge the work as appealing primarily to peoples sexual instincts, does the work lack other value, does the work depict sexual behavior in an offensive manner.
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10
Q

New York Times v. US

A

They leaked Pentagon Papers secret report on the country’s role in Vietnam. Supreme Court rules that the newspaper could public the paper as the government had not met the proof necessary to use prior restraint. established heavy presumption against prior restraint.

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11
Q

Freedom of Assembly

A
  • A1
  • right of people to assemble peacefully
  • doesn’t extent to violence
  • government may place reasonable restrictions equally such as not marching on a highway (which can disrupt day to day life)
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12
Q

Letter from a Birmingham Jail

A
  • concerns freedom of assembly
  • MLK arrested after organizing marches to protect racial segregation
  • wrote letter to black religious leader
  • outline his key ideas regarding the importance of nonviolent resistance through peaceful assembly
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13
Q

Freedom of Religion

A
  • A1
  • free exercise of religion: the government may not prevent individuals from practicing their faiths
  • not absolute (human sacrifice not allowed)
  • Establishment Clause
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14
Q

Establishment Clause

A

prevents government from creating a state religion

can be determined through Lemon test:
Does it have secular (not religious) purpose
Does it neither promote nor discourage religion
Does it avoid excessive entanglement of government and religion

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15
Q

Engle v. Vitale

A

Jewish families brought suit on their children whose school district imposed prayer in classroom. argued it violate establishment clause. SC ruled that school sponsored prayer violated the A1 establishment clause

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16
Q

Wisconsin v. Yoder

A

Amish families were fined for taking their children out of school in 8th grade. Amish religion discouraged higher education. SC ruled Amish families taking their children out of school was constitutional through the free exercise clause

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17
Q

Free exercise clause

A

ability to freely practice religion. A1

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18
Q

Second Amendment

A

protects citizens rights to keep and bear arms and serve in well regulated militias

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19
Q

McDonald v. Chicago

A

McDonald wasn’t able to purchase gun for self-defense due to city’s restrictions. Argued it violated 14th A due process clause since he hadn’t even committed a crime. Supreme Court used 14A to incorporate the 2nd Amendment to the states. Held that states don’t have the power to impede citizen’s rights to keep and bear arms

20
Q

US v. Lopez

A

Lopez was arrested for taking a gun to school, violating the Gun Free School Zones act. Argued that the act violate the constitution as the federal government didn’t have the power to regulate public schools. Gov argued that they had the rights through the commerce clause. SC strikes down the act since carrying the gun didn’t qualify as commerce

21
Q

Commerce Clause

A

gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nation.

22
Q

Third Amendment

A

forbids the quartering the soldiers and the direct public support of armed forces

23
Q

Fourth Amendment

A

places restriction on government agencies regarding criminal or civil procedural investigations against unreasonable search and seizure. A warrant is needed for a search and can only be issued with probable cause. The search warrant is limited to where the police may search and what can be used as evidence.

24
Q

Exclusionary Rule (and its exceptions)

A

evidence found by police disregarding the limits of the warrant cannot be used as evidence in a trial.

Exceptions:
Objective Good Faith - allows for conviction in which search wasn’t legal but was conducted under assumption that it was legal
Inevitable Discovery Rule - illegally sized evidence that would have eventually been found legally is admissible in court.
Exigent Circumstances - reason to believe evidence would disappear before a warrant is received

25
Q

The Fifth Amendment

A

protects individual from broad powers of the government.

  1. Guarantee of grand jury when held or a capital (worthy of death penalty) or other felony
  2. Prohibits being held for the same crime twice (double jeopardy)
  3. right of the government to seize property for public use only if the seizure can be justly compensated
  4. life, liberty, or property cannot be seized without due process of the law (the rights your’e owed when government takes your natural rights)
  5. Hearing needed to ermine if enough evidence for trial
26
Q

Gideon v. Wainwright

A

Gideon accused of breaking and entering, property destruction, and theft. The judge didn’t appoint him of an attorney due to Florida law. Gideon argued it violated 6A right to attorney. SC ruled florida violated his right an attorney through incorporating the 6A.

27
Q

Protection from Self- Incrimination

A

defendant cannot be forced to testify, jury is not supposed to infer guilt when the defendant doesn’t testify. Defendant must be notified of MIRANDA rights (right to remain silent)

28
Q

Sixth Amendment

A
  1. crime to be prosecuted by an impartial jury
  2. right to be informed of their charges and evidence against them
  3. right to a speedy trial
  4. right to know who the accusers are
  5. right to be tried in the district where the crime was committed
  6. right to lawyer/attorney if they cannot get one themselves

formed the basis of habeas corpus (protects against unlawful imprisonment and a person cannot be held indefinable without being formally charged)

29
Q

Seventh Amendment

A

allows for trial by jury in common law cases

30
Q

Eighth Amendment

A
  1. excessive bail is not required
  2. excessive fines not required
  3. no cruel and unusual punishment
31
Q

Cruel And Unusual Punishment Clause

A

limits when death penalty can be used (children)`

32
Q

Ninth Amendment

A

reaffirms principles of a limited federal government. rights not specifically mentioned in the Contribution are still protected (brushing your hair). implied right to privacy

33
Q

Implied Right to Privacy

A

not listed in constitution but through A 1, 3, 4, 5, 9, and 14 guarantees this.

34
Q

Roe v. Wade

A

mother tried to have abortion but Texas forbade it except in cases of incest/rape. Court rules abortion was protected under implied right to privacy

35
Q

Civil War (1861-1865)

A

began due to issue of slavery

36
Q

13th Amendment

A

made slavery illegal

37
Q

15th Amendment

A

banned laws that prevented blacks from voting based on their race

38
Q

Civil Rights Act of 1875

A

banned discrimination in public places

39
Q

Jim Crow Laws

A

segregationist laws

40
Q

Equal Pay Act of 1963

A

made it illegal to base pay on race, gender origin, etc

41
Q

Civil Rights Act of 1964

A

increased right of minorities, gave federal government better means of enforcing the laws. banned public discrimination, discrimination in hiring, required government to cut of funding with programs that violated the law

42
Q

Voting Rights Act of 1965

A

designed to counteract voting discrimination allowed federal government to step in placed where >50% was registered to vote

43
Q

Civil Rights Act of 1991

A

eased restriction of employees bringing suit against employees with discriminatory hiring pracitce

44
Q

Brown v. Board of Education

A

families filed suit against city board of education for enforcing school segregation. Supreme Court struck down school segregation nationwide, holding tat separate but equal facilities are inherently unequal. Overturned precent set by Plessy v. Furgeson

45
Q

19th Amendment

A

guaranteed women’s right to vote

AP Government and Politics 2023 (9 decks)

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