Civil Liberties & Rights AP Gov Flashcards

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Questions and Answers

What is the difference between substantive due process and procedural due process?

Substantive involves determining whether a law is fair. Procedural is the method of government action on how the law is carried out.

What are the rules regarding religious clubs that meet in public schools?

They are allowed to meet after class hours. Excluding them would be unconstitutional content-based discrimination.

What was Chief Justice Warren's reasoning in Brown v. Board of Education?

Warren found that 'in the field of public education the doctrine of 'separate but equal' has no place' because 'separate but equal' facilities are inherently unequal.

What five rights are guaranteed by the Fifth Amendment?

These rights include the right to a grand jury, protection from double jeopardy, the right to eminent domain, the right not to incriminate oneself, and the right of due process. Signup and view all the answers

How has the freedom of religion in schools been interpreted by the Supreme Court?

The Court has interpreted the establishment clause to mean different things at different times, such as ruling that parochial school children can be bussed, banning school prayer, and allowing religious organizations to use school facilities after hours. Signup and view all the answers

What is the role of the police in protecting the rights of the accused under the Fifth and Sixth Amendments?

Police must inform suspects of their constitutional rights to remain silent and to consult with an attorney. Signup and view all the answers

How was the protection against unreasonable search and seizure incorporated by the Supreme Court under the 14th Amendment?

In Wolf v. Colorado (1949), the Supreme Court applied the protections against unreasonable search and seizure to the states under the due process clause of the 14th Amendment. Signup and view all the answers

What are the two protections of freedom of religion guaranteed by the First Amendment?

The establishment clause protects against the state establishment of an official religion, while the free exercise clause allows citizens to practice their religions freely. Signup and view all the answers

What amendments were passed following the Civil War to ensure the rights of former slaves?

The 13th Amendment abolished slavery, the 14th Amendment defined citizenship and ensured due process and equal protection of the laws, and the 15th Amendment granted voting rights regardless of race. Signup and view all the answers

How have civil liberties and civil rights evolved over time?

They have evolved through legislative action, judicial interpretation, and the addition of amendments, particularly the 14th Amendment. Signup and view all the answers

What is the strict scrutiny test?

It is a standard used by the Supreme Court to evaluate laws that discriminate, requiring the government to prove a compelling interest for the law's existence. Signup and view all the answers

Study Notes

Due Process

Substantive Due Process evaluates the fairness of laws, determining if they violate fundamental rights.
Procedural Due Process focuses on the methods and procedures used by the government to enforce laws, ensuring fair processes.

Religious Clubs in Schools

Religious clubs can meet in public schools after class hours.
Excluding these clubs constitutes unconstitutional content-based discrimination, as established in "Good News Club v. Milford Central School" (2001).

Brown v. Board of Education

Chief Justice Warren ruled "separate but equal" has no place in public education, as it inherently creates inequality.
This decision overturned "Plessy v. Ferguson" (1896) and marked the decline of segregated schools.

Fifth Amendment Rights

Guarantees rights of the accused including:
- Right to a grand jury
- Protection against double jeopardy
- Right to eminent domain
- Right against self-incrimination
- Right to due process

Freedom of Religion in Schools

The Supreme Court's interpretation of the establishment clause has varied over time:
- "Everson v. Board of Education" (1947): allowed busing for parochial school students.
- "Engle v. Vitale" (1962): banned official school prayer.
- "Westside School District v. Mergens" (1990): allowed school facilities for nonexclusive religious organizations after hours.

Role of Police and Rights of the Accused

In "Miranda v. Arizona" (1966), police must inform arrested suspects of their rights to remain silent and consult an attorney to protect against coercive interrogation practices.

Unreasonable Search and Seizure

The Supreme Court, in "Wolf v. Colorado" (1949), extended protections against unreasonable search and seizure to state actions through the 14th Amendment's due process clause.

First Amendment and Religion

Establishment Clause: Prohibits the government from establishing an official religion or favoring one.
Free Exercise Clause: Allows individuals to practice their religions freely, as long as practices do not harm society or violate laws.

Post-Civil War Amendments

13th Amendment: Abolished slavery.
14th Amendment: Defined citizenship and ensured due process and equal protection under the law.
15th Amendment: Prohibited voting discrimination based on race or previous servitude.

Evolution of Civil Liberties and Rights

Civil liberties and rights are grounded in the Declaration of Independence, Constitution, and Bill of Rights.
Evolved through legislative actions, judicial interpretations, and the addition of amendments like the 14th Amendment.

Strict Scrutiny Test

A legal standard used by the Supreme Court to evaluate laws that may discriminate.
Laws deemed suspect must serve a compelling public interest to be upheld; the government bears the burden of proof for justification.

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Description

Test your knowledge on civil liberties and rights with these AP Government flashcards. Explore key concepts like substantive and procedural due process, as well as regulations on religious clubs in public schools. Perfect for AP exam preparation.