` AP Government and Politics

Unit 3: Civil Rights and Civil Liberties (13-18% of exam)

Chapters 4 & 5
(Pages 85- 125/130-159)

Name: ___________________________________________________________________________
BIG IDEAS OF THE UNIT:
A. In what ways does the Constitution attempt to limit abuse of government
powers?
The U.S. Constitution limits government power through several key mechanisms: the separation of powers divides
the government into three branches (legislative, executive, and judicial), each with distinct functions; checks and
balances allow each branch to monitor and influence the others; federalism distributes power between the federal
government and the states; and the Bill of Rights protects individual liberties against government infringement.
These measures collectively prevent any single entity from gaining excessive power, safeguarding democracy and
individual freedoms.
B. How can individuals and groups protect civil liberties and civil rights?
Individuals and groups can protect civil liberties and civil rights by engaging in various activities such as advocacy,
education, and litigation. Advocacy involves lobbying for laws and policies that safeguard rights, while education
raises public awareness about these issues. Litigation, often spearheaded by organizations like the ACLU,
challenges laws and practices that infringe on civil liberties and rights in court. Additionally, participating in peaceful
protests and supporting civil rights organizations can amplify efforts to protect these fundamental freedoms.
C. Why have Supreme Court decisions about civil rights and civil liberties
changed over time?
Supreme Court decisions about civil rights and civil liberties have evolved over time due to a combination of
ideological shifts among justices, societal changes, political influences, legal precedents, and legislative actions.
The composition of the Court changes with new appointments, often reflecting the ideological leanings of the
appointing presidents, which can lead to different interpretations of civil rights and liberties. As society's views on
these issues evolve, the Court's decisions often mirror these changes, responding to new social norms and values.
Additionally, the political climate and the party in power can influence the Court's direction through the appointment
of justices. Legal precedents set by previous rulings also play a significant role, as new decisions build on or
overturn past interpretations. Finally, legislative actions by Congress can introduce new laws that impact civil rights
and liberties, prompting the Court to interpret these laws and potentially shift its stance on related issues. These
factors collectively contribute to the dynamic nature of Supreme Court decisions over time.

-Guided Questions: Address each AS COMPLETELY as possible. You may BULLET items as you wish,
but put it into YOUR OWN WORDS and be able to EXPLAIN the concepts completely. You CAN
address these questions through the vocab you are doing. Find a system that works best for you.

-DEFINE ALL MARGIN VOCAB in the Chapter either on this file or on a separate Google Doc
Terms listed below should follow this slightly different format:

DOC (D-Definition O- Opposite (a term/event that is contrary to the term) C- connection ( to a

case/mandatory document/other term)

● REMEMBER THAT FREE RESPONSE QUESTION WILL REQUIRE THE FOLLOWING:

o IDENTIFY- which is the WHAT
o DESCRIBE- which is the WHAT plus a HOW
o EXPLAIN- which is the WHAT, HOW and a WHY

● The 14th Amendment covers 3 important concepts. What are they?

 ❖ 1. Citizenship Clause: Grants citizenship to all persons born or naturalized in the United States.

❖ 2. Due Process Clause: Prohibits state and local governments from depriving persons of life, liberty, or
property without certain steps being taken to ensure fairness

❖ 3. Equal Protection Clause: Requires each state to provide equal protection under the law to all people within
its jurisdiction

● IDENTIFY what CIVIL LIBERTIES are and EXPLAIN why they matter.
Civil Liberties are individual rights protected by law from unjust governmental or other interference. They matter
because they ensure the protection of individuals' freedoms and rights, such as freedom of speech, assembly, and
religion, which are essential for a functioning democracy

*These are protections for whom?Civil liberties protect individuals from government actions that could infringe
on their personal freedoms.

● IDENTIFY where CIVIL RIGHTS come from

Civil Rights originate from the Constitution, particularly the 14th Amendment, and subsequent legislation such as
the Civil Rights Act of 1964

*These are protections for whom?Civil rights protect individuals from discrimination based on characteristics
such as race, gender, disability, etc.

● IDENTIFY the Selective Incorporation Doctrine and why its significant

This legal doctrine ensures that states cannot enact laws that infringe on the constitutional rights of American
citizens as enshrined in the Bill of Rights. It is significant because it applies most protections of the Bill of Rights to
the states, ensuring a uniform standard of rights across the country

● IDENTIFY the Free Exercise Clause

Part of the First Amendment, it prohibits the government from interfering with individuals' rights to practice their
religion
● EXPLAIN the difference between libel and slander
Libel refers to written defamation, while slander refers to spoken defamation. Both involve making false statements
that damage someone's reputation

● DESCRIBE the difference between “defacto” and “dejure”

Defacto refers to practices that exist in reality, even if not legally recognized. Dejure refers to practices that are
legally recognized, regardless of whether they exist in reality

● IDENTIFY the process of the criminal justice system and how the Bill of Rights ensures protections
along the way
The criminal justice process includes arrest, arraignment, trial, and sentencing. The Bill of Rights ensures
protections such as the right to a fair trial, protection against self-incrimination, and protection against
unreasonable searches and seizures
 ● EXPLAIN how you believe Civil Liberties limit and/or expand government’s power in regards to
their citizenry
Civil liberties limit government power by protecting individual freedoms and ensuring that the government cannot
infringe upon these rights without due process. They also expand government power by requiring it to protect these
rights and intervene when they are violated
● Look at table 5.1 on page 147. What do you think of the “standard of review” in regards to the
protection clause of the 14th Amendment?
The "standard of review" determines how courts evaluate the constitutionality of laws that affect civil rights. It
ensures that laws are scrutinized appropriately based on their impact on fundamental rights and equality

● IDENTIFY Jim Crow Laws and EXPLAIN, in your opinion, whether or not they were a violation of
the 14th Amendment
Jim Crow Laws were state and local laws that enforced racial segregation in the Southern United States. They were
a violation of the 14th Amendment because they denied equal protection under the law to African Americans

*DEFINE Writ of Habeas Corpus

A legal action that requires a person under arrest to be brought before a judge or into court, ensuring that the
person's imprisonment is not illegal.

● IDENTIFY the Civil Rights Act of 1964 and the Voting Rights Act. EXPLAIN the impact of these two
pieces of legislation.
The Civil Rights Act of 1964 outlawed discrimination based on race, color, religion, sex, or national origin. The Voting
Rights Act of 1965 aimed to overcome legal barriers at the state and local levels that prevented African Americans
from exercising their right to vote. Both significantly advanced civil rights and reduced racial discrimination.

CENTRAL ISSUE: Affirmative Action:

**CURRENT EVENTS CONNECTION: Students for Fair Admissions v. Harvard University
Students for Fair Admissions v. Harvard University Affirmative action policies aim to increase the representation of
minorities in education and employment. The case of Students for Fair Admissions v. Harvard University challenges
the use of race in college admissions, arguing it discriminates against Asian American applicants

● EXPLAIN how Civil Rights advance democracy but may also expand the size and scope of
government
Civil rights advance democracy by ensuring equal protection and participation for all citizens. However, they may
also expand the size and scope of government as it enforces these protections and addresses discrimination
through legislation and regulation
VOCAB: DOC EACH OF THE FOLLOWING:
Chapter 4:
⮚ Civil Liberties
⮚ Definition: Civil liberties are fundamental rights and freedoms protected by the Constitution, particularly the
Bill of Rights, from government interference. These include freedoms such as speech, assembly, and
religion.
⮚ Opposite: Government overreach or authoritarianism, where the government imposes excessive control over
individual freedoms.
⮚ Connection: The First Amendment protects freedoms of speech, religion, and assembly, which are core civil
liberties. The case of Gitlow v. New York (1925) applied the First Amendment to the states through the
doctrine of incorporation.
⮚ Due Process Clause
⮚ Definition: The Due Process Clause is a constitutional guarantee that no person shall be deprived of life,
liberty, or property without due process of law. It is found in both the Fifth and Fourteenth Amendments.
⮚ Opposite: Arbitrary government action, where the government acts without following fair procedures.

⮚ Connection: The case of Roe v. Wade (1973) used the Due Process Clause to protect a woman's right to
privacy in making medical decisions.

⮚ Incorporation Doctrine
⮚ Definition: The Incorporation Doctrine is the legal principle that applies the Bill of Rights to the states
through the Fourteenth Amendment's Due Process Clause.
⮚ Opposite: State sovereignty without federal oversight, where states could ignore the Bill of Rights.

⮚ Connection: Gitlow v. New York (1925) was a landmark case that began the process of incorporation,
applying the First Amendment's freedom of speech to the states.

⮚ Establishment Clause
⮚ Definition: The Establishment Clause is part of the First Amendment and prohibits the government from
establishing an official religion or favoring one religion over others.
⮚ Opposite: State-sponsored religion, where the government endorses or supports a particular religion.

⮚ Connection: Engel v. Vitale (1962) ruled that mandatory prayer in public schools violated the Establishment
Clause.

⮚ Free Exercise Clause

⮚ Definition: The Free Exercise Clause is part of the First Amendment and protects individuals' rights to
practice their religion without government interference.
⮚ Opposite: Religious persecution, where individuals are punished or restricted for their religious beliefs.

⮚ Connection: Wisconsin v. Yoder (1972) upheld the rights of Amish parents to refuse compulsory school
attendance for their children based on religious beliefs.

⮚ Prior Restraint
⮚ Definition: Prior restraint refers to government actions that prevent material from being published. It is
generally prohibited under the First Amendment.
⮚ Opposite: Freedom of the press, where the press can publish without government interference.

⮚ Connection: Near v. Minnesota (1931) established that prior restraint is unconstitutional except in extreme
cases, such as national security.
⮚ Libel
⮚ Definition: Libel is the written defamation of a person's character, reputation, business, or property rights.

⮚ Opposite: Truthful reporting, where information published is accurate and not harmful.

⮚ Connection: New York Times Co. v. Sullivan (1964) established the standard for libel cases involving public
figures, requiring proof of actual malice.

⮚ Symbolic vs Commercial Speech

⮚ Definition: Symbolic speech involves actions that express ideas, such as flag burning or wearing armbands,
while commercial speech involves advertising and other speech related to business interests.
⮚ Opposite: Non-expressive actions, which do not convey a particular message or idea.

⮚ Connection: Tinker v. Des Moines (1969) protected symbolic speech in schools, while Central Hudson Gas &
Electric Corp. v. Public Service Commission (1980) addressed commercial speech regulations.

⮚ Exclusionary Rule
⮚ Definition: The Exclusionary Rule prohibits the use of evidence obtained through violations of the Fourth
Amendment's protection against unreasonable searches and seizures.
⮚ Opposite: Use of all evidence regardless of how it was obtained, which could encourage illegal searches.

⮚ Connection: Mapp v. Ohio (1961) applied the Exclusionary Rule to the states, ensuring that illegally obtained
evidence cannot be used in court.

⮚ Self Incrimination
⮚ Definition: Self-incrimination is the act of exposing oneself to prosecution by being forced to respond to
questions or provide information.
⮚ Opposite: Right to remain silent, where individuals cannot be compelled to testify against themselves.

⮚ Connection: Miranda v. Arizona (1966) established the requirement for police to inform suspects of their
rights, including the right against self-incrimination.

⮚ Right to Privacy
⮚ Definition: The right to privacy is the concept that individuals have a personal life free from government
intrusion, though not explicitly stated in the Constitution, it is inferred from several amendments.
⮚ Opposite: Government surveillance, where the government excessively monitors individuals' private lives.

⮚ Connection: Griswold v. Connecticut (1965) recognized a right to privacy in marital relations, and Roe v.
Wade (1973) extended this right to a woman's decision to have an abortion.
Chapter 5:
⮚ Civil Rights
⮚ Definition: Civil rights are protections against discrimination based on characteristics such as race, gender,
disability, etc., ensuring equal treatment under the law.
⮚ Opposite: Discrimination, where individuals are treated unfairly based on certain characteristics.

⮚ Connection: The Civil Rights Act of 1964 is a landmark law that prohibits discrimination in various areas,
including employment and public accommodations.

⮚ Equal Protection Clause

⮚ Definition: The Equal Protection Clause is part of the Fourteenth Amendment and requires states to provide
equal protection under the law to all people within their jurisdictions.
⮚ Opposite: Unequal treatment, where laws or policies discriminate against certain groups.

⮚ Connection: Brown v. Board of Education (1954) used the Equal Protection Clause to declare racial
segregation in public schools unconstitutional.

⮚ Civil Rights Act of 1964

⮚ Definition: The Civil Rights Act of 1964 is a comprehensive law that outlaws discrimination based on race,
color, religion, sex, or national origin.
⮚ Opposite: Segregation, where people are separated and treated differently based on race or other
characteristics.
⮚ Connection: Heart of Atlanta Motel v. United States (1964) upheld the Civil Rights Act's provisions against
racial discrimination in public accommodations.

⮚ Voting Rights Act of 1965

⮚ Definition: The Voting Rights Act of 1965 is a landmark law designed to eliminate racial discrimination in
voting, particularly in the Southern United States.
⮚ Opposite: Voter suppression, where barriers are placed to prevent certain groups from voting.

⮚ Connection: Shelby County v. Holder (2013) significantly weakened the Voting Rights Act by striking down
key provisions that required certain states to obtain federal approval before changing voting laws.

⮚ Equal Rights Amendment

⮚ Definition: The Equal Rights Amendment (ERA) is a proposed amendment to the Constitution that aims to
guarantee equal rights under the law regardless of sex.
⮚ Opposite: Gender discrimination, where individuals are treated unfairly based on their gender.

⮚ Connection: Although the ERA has not been ratified, it has influenced many legal battles and discussions
about gender equality.
 ⮚ American with Disabilities Act
⮚ Definition: The Americans with Disabilities Act (ADA) is a law that prohibits discrimination against
individuals with disabilities in all areas of public life, including jobs, schools, transportation, and public and
private places open to the general public.
⮚ Opposite: Disability discrimination, where individuals with disabilities are treated unfairly or excluded.

⮚ Connection: Olmstead v. L.C. (1999) reinforced the ADA by ruling that unjustified segregation of persons with
disabilities constitutes discrimination.

⮚ Affirmative Action
⮚ Definition: Affirmative action refers to policies that support members of disadvantaged groups that have
historically suffered from discrimination, particularly in education and employment.
⮚ Opposite: Merit-based only policies, where decisions are made solely on individual merit without
consideration of historical disadvantages.
⮚ Connection: Regents of the University of California v. Bakke (1978) upheld affirmative action but ruled that
racial quotas were unconstitutional.

THE BIG IDEAS: Constitutionalism, Liberty and Order, Civic participation in a representative democracy,
and Competing policy-making interests.

DO YOU KNOW ABOUT:

• The Bill of Rights? (the Bill of Rights..DUH

• 1st Amendment Freedom of Religion? (Engel v Vitale 1962/Wisconsin v Yoder 1972)

• 1st Amendment Freedom of Speech? (Tinker v Des Moines 1969/Schenck v US 1919)

• 1st Amendment Freedom of the press? (NY Times v US 1971)

• 2nd Amendment Right to bear arms?

• Amendments: balancing individual rights with public order and safety? (Amendments 2 and 4)

• Selective incorporation? (The US Constitution/McDonald v Chicago 2010)

• Amendments: Due process and the rights of the accused? (Amendments 5 & 6/Riley v California
2014/Gideon v Wainwright 1963)
• Amendments: Due process and the right to privacy? (The US Constitution/ Roe v Wade 1973)

• Social movements and equal protection? (The US Constitution/ Letter From a Birmingham Jail)

• Government responses to social movements? (The US Constitution/ Brown v BOE 1954)

• Balancing minority and majority rights? (Brown v BOE 1954)

• Affirmative Action? (Milliken v Bradley 1974/Parents Involved in Community Schools v Seattle
School District 1 2007/ Regents of the University of California v Bakke 1978/Gratz v Bollinger &
Grutter v Bollinger 2003)