AP GOVERNMENT COOKBOOK 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 PAGE 1

Civil Rights Overview Simple Definition: Rights and Privileges explicitly or implicitly guaranteed in the Constitution AMENDMENTRIGHTS 1RAPPS: Religion, Assembly, Press, Petition and Speech 2Guns 4 Protection from Illegal Searches 5 Protection from self incrimination Protection from eminent domain w/o compensation Protection from double Jeopardy Right to Due Process of Law Guarantee of Habeas Corpus 6Speedy Public Trial Right to a Lawyer 7Jury of your peers 8Protection from Cruel and Unusual Punishment 9Individual rights not limited to those mentioned in Bill of Rights 10Powers not mentioned in the Constitution are reserved for States and People 14Implied 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 purpose 2)The primary effect must not help or hinder religious education 3)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 2 nd 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 4 th 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 5 th 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 6 th 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 6 th Amendment right to counsel. 8 th Amendment Cases: Weems v. US: “Principle of Proportionality” Punishment must fit the crime Ingraham v. Wright: Corporal Punishment in Schools DID NOT violate 8 th 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 6 th 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 6 th Amendment right to counsel. 8 th Amendment Cases: Weems v. US: “Principle of Proportionality” Punishment must fit the crime Ingraham v. Wright: Corporal Punishment in Schools DID NOT violate 8 th 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: 13 th, 14 th, 15 th Amendments were ratified immediately after the Civil War. Their adoption was made a condition of Southern States’ readmission to the Union. 13 th Amendment: Banned involuntary servitude except as punishment for a crime Loophole: Chain Gangs 14 th Amendment: 1. Natural Born Citizenship 2. Due Process for States 3. Equal Protection 15 th Amendment: Suffrage could not be denied based on race or previous condition of servitude Loophole: Literacy Test / Poll Tax The FOURTEENTH AMENDMENT is widely considered the most important Amendment for individual rights:

Dissecting the 14 th Amendment Citizenship Clause: If a person was born in the United States, they were a citizen. This clause was designed to overturn the Dred Scott Decision Due Process Clause: States could not deprive citizens of their rights without due process of law Served as the basis for Selective Incorporation. Equal Protection Clause: Every citizen is guaranteed equal protection under the law. Served as the court’s basis for the Brown v. Board of Education ruling 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 14 th Amendment and the Right to Privacy The Right to Privacy is IMPLIED by the 14 th 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. Connecticut Overturned 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