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AP Civics & Government > IV - Civic Liberties & Public Policies > Flashcards

IV - Civic Liberties & Public Policies Flashcards

(86 cards)

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1
Q

Civil liberties

A

Protections of individuals/ groups against the gov’t

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2
Q

Balance b/t public order & individual freedom

A

civil liberties are NOT absolute

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3
Q

Bill of Rights

A

added to Constitution to appease concerns of Anti-Federalist

first 10 amendments

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4
Q

Bill of Rights originally only applid to

A

the federal gov’t

first amendment says “Congress shall make no law…”

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5
Q

Incorporation

A

Most of the Bill of Rights applied to citizens relationship with state & local gov’t

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6
Q

Barron v Baltimore (1833)

A

SCOTUS ruled Bill of Rights applied ONLY to the federal gov’t

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7
Q

Gitlow v New York (1925)

A

Due process clause of the 14th Amendment meant states could not violate freedom of speech

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8
Q

Incorporation doctrine

A

Application of some rights to state gov’t

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9
Q

Freedom of religion

A

Protected by the First Amendment

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10
Q

First Amendment contains two parts protecting religion

A

Establishment Clause

Free Exercise Clause

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11
Q

Establishment Clause

A

Gov’t can’t make an official religion or favor one religion over another

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12
Q

Free Exercise Clause

A

Prohibits the denial of a citizens’ freedom to worship (or not to worship) as they want

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13
Q

Quote on religion in first amendment

A

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

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14
Q

“wall of separation”

A

Mentioned by Jefferson

Religion & gov’t should remain separate entities

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15
Q

Conflicting interpretations of Establishment Clause

A

Should prayer be allowed in public school?
Can religious symbols be posted on gov’t property?
What about holiday decorations such as menorahs & nativity scenes?
Can states prohibit the teaching of evolution in public schools?
Are religious schools eligible for gov’t aid?

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16
Q

Engel v Vitale

A

Public school can’t sponsor prayer as it is unconstitutional

Students may pray in school, but it can’t be led by a school employee

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17
Q

Equal Access Act (1984)

A

Students must be allowed to use school grounds for religious worship if they allow other groups to host meetings

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18
Q

Can religious symbols be posted on gov’t property?

A

Banned if displayed to promote religion

Allowed if serving a legitimate historic purpose

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19
Q

What about holiday decorations?

A

Inconsistent rulings

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20
Q

Butler Act in Tennessee

A

Prohibits public school teachers from denying the biblical idea of creation

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21
Q

Scopes Trial

A

Used to test constitutionality of Butler Act involving John Scopes as defendant

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22
Q

Epperson v Arkansas (1968)

A

SCOTUS declared states can’t ban teaching of evolution or require teaching creationism

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23
Q

Lemon v Kurtzman (1971)

A

Issue of feeding money to parochial schools

Money may be given to religious schools

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24
Q

Lemon Test

A

Aid must have a secular legislative purpose
Primary effect of aid must neither advance/ prohibit religion
Must not foster excessive gov’t entanglement

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25
Zelman v Simmons-Harris (2002)
Ruled vouchers could be used to pay tuition at religious schools
26
Conflicting interpretations of Free Exercise Clause
What happens when a religious practice violates norms & laws in society?
27
Wisconsin v Yoder (1972)
forcing Amish students to attend school past 8th grade violates the free exercise clause
28
Strict scrutiny
To restrict religious practices the state must show a compelling state interest in restricting activity Must be narrowly tailored
29
Freedom of Expression
Congress shall make no law or abridging the freedom of speech
30
Prior restraint
Censorship by the gov't | Stopping publication of material in advance
31
Near v Minnesota (1931)
SCOTUS ruled prior restraint unconstitutional
32
NY times Co. v US (1971)
Established a "heavy presumption against prior restraint" even in cases involving national security US tried to prevent Pentagon Papers from being published
33
Prior restraint exceptions
Public school newspaper | Exceptions for national security
34
SCOTUS has restricted speech during
Times of war or national security threats
35
Schenck v US (1919)
Speech could be restricted if it poses a clear & present danger Schenck was distributing posters urging men to resist the WWI draft
36
Smith Act
forbid advocating the violent overthrow of gov't
37
Brandenburg v Ohio (1969)
Established the imminent lawless violence standard | Gov't can't punish inflammatory speech
38
Obscene
Offensive or disgusting by accepted standards of morality or decency
39
Roth v US (1957)
Obscene material is not always constitutionally protected
40
Miller v California (1973)
SCOTUS sought to clarify obscenity standards
41
Materials are obscene if
Lacked "serious literary, artistic, political, or scientific value" Showed "patently offensive" sexual conduct Appealed to a "prurient interest"
42
Most Americans do not want all obscene materials
To be banned to consenting adults | Adult content, violent video games/ movies
43
Malicious false statements that hurt an individual's reputation
Are not protected speech
44
Libel
written defamation
45
Slander
Spoken defamation
46
Libel & slander can
Both be prosecuted but standards for conviction are high
47
New York Times v Sullivan
Comments about public figures are only libelous if the person knew they were untrue & had malicious intent to harm the person
48
Symbolic speeach
Action that expresses an opinion | Protected by the first amendment
49
Tinker v Des Moines Independent School District (1969)
Wearing an armband to protest the Vietnam War
50
Texas v Johnson (1989)
burning the US flag is constitutional and a form of free speech
51
Restrictions on symbolic speeach
Can't burn draft cards
52
Commerical speeach
Regulated by Federal Trade Commission
53
Regulations on commercial speech
Can't make false claim Prohibits advertising of items such as cigarettes Restrictions of bad words on public airwaves
54
Federal Communications Commision
Regulates radio, TV, cable, & other media broadcasts
55
Freedom of Assembly
Right of citizens to gather together to make a statement
56
Forms of assembly
protest picket parade
57
Restrictions of assembly
Permit needed Time, place, manner Must stay on public property Local gov't can't discriminate against a group
58
Right to associate with similarly minded people
is protected such as joining organizations
59
NAACP v Alabama (1958)
Alabama could not require NAACP to turn over its membership list
60
Second Amendment states
"A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed."
61
Debate over second amendment
Right of states to create militias vs individual right to bear arms
62
District of Columbia v Heller (2008)
Right to bear arms isn't connected to service in a militia | Laws restricting a citizens ability to use a gun for self-defense are unconstitutional
63
McDonald v Chicago (2010)
Second amendment is applicable to states through 14th amendment
64
Defendants' Rights
Individuals accused of crime in US have a wide variety of Constitutional protections
65
4th Amendment
Protections against unreasonable searches & seizures
66
How can the gov't legally search a property?
Need a warrant and a probable cause: good reason to suspect person is guilty
67
Exclusionary rule
Illegally obtained evidence can't be used by the prosecution
68
Mapp v Ohio (1961)
evidence seized illegally without a warrant may not be used
69
Many exceptions for need of a warrant
Somebody is injured inside home | debate over technicality
70
5th amendment
Protects against self incrimination & burden of proof on prosecution Can't be forced to testify against yourself Innocent until proven guilty
71
Miranda v Arizona (1966)
Ruled that police must inform an accused person of their rights
72
Rights of accused person
Right to remain silent, what you say can be used against you, right to attorney during questioning, right to attorney provided if can't afford one
73
6th Amendment
``` Right to speedy & public trial Right to an impartial jury trial Right to be informed of all charges Right to confront accusers in court Right to producing supporting evidence & witnesses Right to legal counsel ```
74
Gideon v Wainwright (1963)
States must provide an attorney for indigent/poor
75
Habeas corupus
An individual can't be held indefinitely without charge
76
Patriot Act (2001)
Gave gov't new power of surveillance to stop potential terrorist
77
What did the Patriot Act allow?
No warrant needed to wiretap, searching library record, etcs
78
Guantanamo Bay Naval Base
US naval base where prisoners are being held
79
8th Amendment
forbids cruel & unusual punishment -> not exactly defined
80
Gregg v Georgia (1976)
Death penalty/ capital punishment not cruel and unusual punishment Except for juveniles and mentally ill/ disabled
81
Right to privacy
No explicit mention in Constitution/ Bill of Rights | Inferred from other constitutional rights
82
Griswold v Connecticut (1965)
Court ruled that right to privacy is implied
83
Roe v Wade (1973)
Right to privacy protects a woman's decision to end a pregnancy
84
Planned Parenthood v Casey (1992)
Restrictions on abortion were unconstitutional only if they placed undue burden on a woman seeking an abortion
85
Constitution stops the democratic majority from
curtailing the civil liberties of minorities
86
Provisions of Bill of Rights are continually being interpreted to
balance the power of gov't and civil liberties of individuals

AP Civics & Government (36 decks)

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