👩🏾‍⚖️AP US Government Unit 3 – Civil Liberties and Civil Rights

Key Concepts and Definitions

• Civil liberties protect individuals from government interference and are guaranteed by the Bill of Rights (freedom of speech, religion, press, assembly, and petition)
• Civil rights ensure equal treatment under the law regardless of race, gender, national origin, or other protected characteristics (voting rights, equal access to education and employment)
  • Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, or national origin
  • Voting Rights Act of 1965 bans racial discrimination in voting practices
• Due process clauses in the 5th and 14th Amendments provide procedural safeguards and protect individuals from arbitrary government action
• Incorporation doctrine applies Bill of Rights protections to state governments through the 14th Amendment's due process clause
• Strict scrutiny is the highest level of judicial review applied to cases involving fundamental rights or suspect classifications (race, national origin)
  • Government must demonstrate a compelling interest and narrowly tailored means to justify the law or policy
• Rational basis review is the lowest level of scrutiny applied to most economic and social legislation
  • Law must be rationally related to a legitimate government purpose

Historical Context

• Colonial America influenced by Enlightenment ideas of natural rights and limited government (John Locke, Montesquieu)
• Declaration of Independence asserts unalienable rights to life, liberty, and the pursuit of happiness
• Articles of Confederation provided a weak central government with limited power to protect individual rights
• Federalists argued for a stronger national government to secure liberty and promote the general welfare (Federalist Papers)
• Anti-Federalists advocated for a Bill of Rights to protect individual freedoms from government overreach
• 14th Amendment ratified after the Civil War to extend equal protection and due process to all citizens, including former slaves
• Jim Crow laws and segregation in the South denied African Americans equal rights and opportunities until the mid-20th century
• Women's suffrage movement secured the right to vote with the 19th Amendment in 1920

Constitutional Foundations

• First Amendment protects freedom of speech, religion, press, assembly, and petition
  • Establishment Clause prohibits government from establishing an official religion or favoring one religion over others
  • Free Exercise Clause protects individual religious beliefs and practices from government interference
• Second Amendment protects the right to bear arms
• Fourth Amendment protects against unreasonable searches and seizures and requires probable cause for warrants
• Fifth Amendment provides due process rights, protects against self-incrimination and double jeopardy
• Sixth Amendment ensures the right to a speedy and public trial, an impartial jury, and assistance of counsel
• Eighth Amendment prohibits cruel and unusual punishment and excessive bail
• Ninth Amendment states that enumerated rights do not deny or disparage other rights retained by the people
• 10th Amendment reserves powers not delegated to the federal government to the states or the people

Major Supreme Court Cases

• Marbury v. Madison (1803) established the principle of judicial review, allowing the Supreme Court to declare laws unconstitutional
• Plessy v. Ferguson (1896) upheld "separate but equal" doctrine, permitting racial segregation in public facilities
• Schenck v. United States (1919) introduced "clear and present danger" test for restricting speech during wartime
• Brown v. Board of Education (1954) overturned Plessy, declaring segregated schools unconstitutional and paving the way for desegregation
• Gideon v. Wainwright (1963) required states to provide legal counsel for defendants in criminal cases who cannot afford an attorney
• Engel v. Vitale (1962) and Abington School District v. Schempp (1963) prohibited school-sponsored prayer and Bible reading in public schools
• Griswold v. Connecticut (1965) recognized a constitutional right to privacy and struck down a law banning contraceptives
• Loving v. Virginia (1967) invalidated state laws prohibiting interracial marriage
• Roe v. Wade (1973) legalized abortion based on a constitutional right to privacy
• Texas v. Johnson (1989) protected flag burning as a form of symbolic speech under the First Amendment

Evolution of Civil Liberties

• Incorporation of the Bill of Rights through the 14th Amendment gradually expanded civil liberties protections against state governments
  • Gitlow v. New York (1925) applied freedom of speech to the states
  • Near v. Minnesota (1931) extended freedom of the press
  • Everson v. Board of Education (1947) incorporated the Establishment Clause
  • Mapp v. Ohio (1961) applied the exclusionary rule to state criminal proceedings
• Expansion of due process rights in criminal procedures (Miranda v. Arizona, Gideon v. Wainwright)
• Development of a constitutional right to privacy (Griswold v. Connecticut, Roe v. Wade)
• Increased protection for symbolic speech and expressive conduct (Tinker v. Des Moines, Texas v. Johnson)
• Balancing individual liberties with national security concerns (Korematsu v. United States, Hamdi v. Rumsfeld)
• Debates over the scope of the Second Amendment and gun control regulations (District of Columbia v. Heller, McDonald v. Chicago)

Civil Rights Movements

• Abolitionist movement sought to end slavery and secure equal rights for African Americans
  • Frederick Douglass and William Lloyd Garrison were prominent abolitionists
  • 13th, 14th, and 15th Amendments passed during Reconstruction to abolish slavery, provide equal protection, and guarantee voting rights
• Women's suffrage movement fought for the right to vote
  • Seneca Falls Convention (1848) issued Declaration of Sentiments calling for women's equality
  • 19th Amendment (1920) granted women the right to vote nationwide
• Civil Rights Movement of the 1950s and 1960s challenged segregation and discrimination
  • Montgomery Bus Boycott (1955-1956) protested segregated public transportation
  • Sit-ins, freedom rides, and marches (March on Washington, 1963) demonstrated against segregation and voting restrictions
  • Civil Rights Act of 1964 and Voting Rights Act of 1965 outlawed discrimination and protected voting rights
• LGBTQ+ rights movement advocated for equality and protection from discrimination
  • Stonewall Riots (1969) sparked the modern gay rights movement
  • Supreme Court decisions in Lawrence v. Texas (2003) and Obergefell v. Hodges (2015) struck down sodomy laws and legalized same-sex marriage

Current Issues and Debates

• Affirmative action policies in education and employment to promote diversity and address historical inequalities
  • Fisher v. University of Texas (2016) upheld consideration of race as one factor in college admissions
• Voting rights and voter suppression concerns, particularly in the wake of Shelby County v. Holder (2013), which invalidated key provisions of the Voting Rights Act
• Police brutality, racial profiling, and the need for criminal justice reform (Black Lives Matter movement)
• Transgender rights and access to public facilities (bathroom bills) and healthcare
• Hate speech and the limits of free speech on college campuses and social media platforms
• Religious freedom and accommodations for religious beliefs in public life (Masterpiece Cakeshop v. Colorado Civil Rights Commission, 2018)
• Intersection of civil liberties and national security in the context of terrorism and surveillance (USA PATRIOT Act, NSA wiretapping)

Impact on American Society

• Expansion of civil liberties has protected individual freedoms and limited government power
  • Freedom of speech enables open debate and exchange of ideas
  • Religious freedom allows for diversity of beliefs and practices
  • Due process rights ensure fair treatment in the legal system
• Civil rights movements have promoted greater equality and inclusion
  • Desegregation of schools and public facilities
  • Increased political participation and representation of minority groups
  • Reduced discrimination in employment, housing, and education
• Ongoing debates reflect the challenges of balancing individual rights with societal interests
  • Tension between public safety and privacy rights in the digital age
  • Conflict between religious liberty and anti-discrimination laws
  • Disagreements over the scope of Second Amendment rights and gun control
• Continued efforts to address persistent inequalities and discrimination
  • Racial disparities in criminal justice system and economic opportunities
  • Gender pay gap and underrepresentation in leadership positions
  • Discrimination against LGBTQ+ individuals in employment, housing, and public accommodations