AP GOVERNMENTCOOKBOOK

Unit VI:

Civil Rights and Liberties.

SYLLABUS - Unit VI Description

VI: Civil Rights and Liberties

An understanding of United States politics includes the study of the development of individual rights and liberties and their impact on citizens . Basic to this study is an analysis of the workings of the United States Supreme Court and familiarity with its most significant decisions . Students should examine judicial interpretations of various civil rights and liberties such as freedom of speech, assembly, and expression; the rights of the accused; and the rights of minority groups and women . For example, students should understand the legal, social, and political evolution following the Supreme Court’s decisions regarding racial segregation . Students should also aware of how the Fourteenth Amendment and the doctrine of selective incorporation have been used to extend protection of rights and liberties . Finally, it is important that students be able to assess the strengths and weaknesses of Supreme Court decisions as tools of social change

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Civil Rights Overview

Simple Definition: Rights and Privileges explicitly or implicitly guaranteed in the Constitution

AMENDMENT RIGHTS

1 RAPPS: Religion, Assembly, Press, Petition and Speech

2 Guns

4Protection from Illegal Searches

5Protection from self incriminationProtection from eminent domain w/o compensationProtection from double Jeopardy Right to Due Process of LawGuarantee of Habeas Corpus

6 Speedy Public TrialRight to a Lawyer

7 Jury of your peers

8 Protection from Cruel and Unusual Punishment

9 Individual rights not limited to those mentioned in Bill of Rights

10 Powers not mentioned in the Constitution are reserved for States and People

14 Implied Right to Privacy, Selective Incorporation, Natural Born Citizenship

Relevant Constitutional Amendments

First Amendment: Religion and Assembly

RELIGION CASES:

Engle v. Vitale: Prayer in public schools violates the establishment clause

Lemon v. Kurtzman: Concerned aid to religious schools. Created “Lemon Test” to determine if funding was in violation of establishment clause

The LEMON TEST: 1) Funding to Religious schools must have a specific secular purpose2) The primary effect must not help or hinder religious education3) No excessive government entanglements with religion

Oregon v. Smith: The use of hallucinogenic drugs in religious ceremonies is not protected by the First Amendment

ASSEMBLY CASE:

Edward v. South Carolina: Non-violent protests are protected under the First Amendment

First Amendment: Speech and Press

SPEECH CASES:

Schenck v. US: Freedom of Speech limited if it poses a “clear and present danger”

Texas v. Johnson: Freedom of Speech extended to symbolic acts (Flag Burning)

Buckley v. Valeo: Freedom of Speech extended to corporations

Bradenburg v. Ohio: Protected Speech encouraging illegal activities if the illegal activities are not “imminent”

Miller v. California & Roth v. US: Obscene speech or materials not protected by First Amendment

Tinker v. Des Moines School Dist: Freedom of Speech extended to black arm bands

Bethel School Dist v. Frazier: Freedom of Speech limited in schools.

PRESS CASES:

New York Times v. Sullivan: Protected press from libel cases unless malice can be proven

Hazlewood School Dist v. Kuhlmeier: Freedom of Press limited in schools

Gitlow v. New York: Press is a “fundamental right” to be incorporated.

Near v. Minnesota: Limited prior restraint on the press

Second, Fourth & Fifth Amendments: Guns, Illegal Search and Self Incrimination

2nd Amendment cases:

McDonald v. Chicago: Chicago’s handgun ban overturned. Selectively incorporated the Second Amendment.

Lewis v. US: Right to bear arms can be limited in cases of convicted felons.

DC v. Heller: Right to bear arms protected for civilians when engaging in lawful activities or home protection

4th Amendment Cases:

Mapp v. Ohio: Began exclusionary rule. Illegally obtained evidence is excluded from courts of law

TLO v. New Jersey: Fourth Amendment rights do not apply to students on school grounds

5th Amendment Cases:

Lawrence v. Texas: Overturned a Texas law that banned homosexual intercourse based on the due process clause of the fifth amendment.

Chambers v. Florida: Forced confessions violated the self-incrimination clause

Miranda v. Arizona: “Miranda Rights” Once arrested, a person must be informed of the Constitutional Rights to prevent self-incrimination

Sixth and Eighth Amendments: Juries & Lawyers & Cruel and Unusual Punishment

6th Amendment cases:

Powell v. Alabama: If a defendant cannot afford a lawyer, one must be provided by the state

Gideon v. Wainwright: Provided the basis for the selective incorporation of the 6th Amendment right to counsel.

8th Amendment Cases:

Weems v. US: “Principle of Proportionality” Punishment must fit the crime

Ingraham v. Wright: Corporal Punishment in Schools DID NOT violate 8th Amend.

Trop v. Dulles: “Evolving standard of decency” What is considered cruel and unusual changes as times change.

Furman v. Georgia: Limited the use of the death penalty; defendant’s character must be taken into account

Atkins v. Virginia: Death Penalty cannot be used on mentally retarded\

Sixth and Eighth Amendments: Juries & Lawyers & Cruel and Unusual Punishment

6th Amendment cases:

Powell v. Alabama: If a defendant cannot afford a lawyer, one must be provided by the state

Gideon v. Wainwright: Provided the basis for the selective incorporation of the 6th Amendment right to counsel.

8th Amendment Cases:

Weems v. US: “Principle of Proportionality” Punishment must fit the crime

Ingraham v. Wright: Corporal Punishment in Schools DID NOT violate 8th Amend.

Trop v. Dulles: “Evolving standard of decency” What is considered cruel and unusual changes as times change.

Furman v. Georgia: Limited the use of the death penalty; defendant’s character must be taken into account

Atkins v. Virginia: Death Penalty cannot be used on mentally retarded\

CIVIL RIGHTS AMENDMENTS: 13th, 14th, 15th

The FOURTEENTH AMENDMENT is widely considered the most important Amendment for individual rights:

Dissecting the 14th Amendment

Selective Incorporation: The inclusion of the Bill of Rights into State Constitutions. The first eight amendments are “mechanically incorporated”/ “fully incorporated”. Other amendments, like the civil rights amendments, are selectively incorporated.

The 14th Amendment and the Right to Privacy

The Right to Privacy is IMPLIED by the 14th Amendment

Through SELECTIVE INCORPORATION, protection from illegal searches and self incrimination have been applied to the states.

Thus: Citizens have an implied RIGHT TO PRIVACY from their respective state governments.

Right to Privacy Supreme Court Cases

Griswold v. ConnecticutOverturned a law banning birth control. Gave citizens a right to “marital

privacy”

Roe v. Wade: Women have a fundamental right to have an abortion under the implied

right to privacy