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AP U.S. GOVERNMENT AND POLITICS

Unit 3- Civil Rights and Civil Liberties – Review Packet

Civil Liberties and Civil Rights

Through the U.S. Constitution, but primarily through the Bill of Rights and the Fourteenth Amendment, citizens and groups
have attempted to restrict national and state governments from unduly infringing upon individual rights essential to
ordered liberty and from denying equal protection under the law. Likewise, it has sometimes been argued that these legal
protections have been used to block reforms and restrict freedoms of others in the name of social order.

The Constitution, but especially the Bill of Rights and the Fourteenth Amendment, are used to assert the rights of citizens
and protect groups from discrimination. As such, the government must respect the dignity of the person and assure equal
treatment, with its power constrained in the process of protecting individual freedoms. The Fourteenth Amendment
includes two clauses that affirm and protect civil rights and liberties—the due process clause and the equal protection
clause. The courts must balance the desire for social order with the protection of individual rights and freedoms when
considering due process and equal protection challenges.

In a process known as selective incorporation, the Supreme Court has used the power of judicial review to interpret the
due process clause in such a way as to prevent states from unduly restricting fundamental freedoms. The Court has been
called upon to interpret protections for freedom of political expression and religious exercise, the right to bear arms, the
right of privacy, and the rights necessary to ensure that those accused of crimes receive a fair trial.

The equal protection clause provides that states may not deprive persons of equal protection under the law. African
Americans, Hispanics, women, LGBTQ (lesbian, gay, bisexual, transgender, queer) people, and other groups have used
the clause to lead social movements on behalf of their concerns. The Supreme Court has rendered several landmark
decisions that expand civil rights, and Congress has passed legislation that expands equality. At times Congress and the
courts are asked to determine the legitimacy of equal protection claims by various groups, as well as weigh the majority’s
concerns that they will be harmed by the changes sought.

Essential Questions:
 To what extent do the U.S. Constitution and its amendments protect against undue government infringement on
essential liberties and from invidious discrimination?
 How have U.S. Supreme Court rulings defined civil liberties and civil rights?

Textbook Chapters: 8-9

AMSCO Chapters: 7-9

Big Idea #1: Provisions of the U.S. Constitution’s Bill of Rights are continually being interpreted to balance the power of
government and the civil liberties of individuals.

U.S. Constitution: Civil Liberties and Civil Rights

Civil Liberties Civil Rights

Define, describe and

explain

Special Note:
 The U.S. Constitution includes a Bill of Rights specifically designed to protect individual liberties and rights.
 Civil rights are guaranteed to all citizens under the due process and equal protection clauses of the U.S.
Constitution, as well as acts of Congress.
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U.S. Constitution: Bill of Rights

Bill of Rights List the freedoms contained in each amendment

1st Amendment

2ND Amendment

3RD Amendment

4TH Amendment

5TH Amendment

6TH Amendment

7TH Amendment

8TH Amendment

9TH Amendment

10TH Amendment

Special Note: The application of the Bill of Rights is continuously interpreted by the courts.

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First Amendment
Establishment Clause Free Exercise Clause
Define, describe and
explain

Special Note: The interpretation and application of the First Amendment’s establishment and free exercise clauses
reflect an ongoing debate over balancing majoritarian religions practice and free exercise.

Religion and SCOTUS

Court Case Year Brief description of the case and outcome Constitutional principles

Engel v. Vitale

Wisconsin v. Yoder

Speech and Press and SCOTUS

Court Case Year Brief description of the case and outcome Constitutional principles

Tinker v. Des Moines

Schenck v. U.S.

New York Times Co. v.

U.S.

Special Note: The Supreme Court has on occasion ruled in favor of states’ power to restrict individual liberty; for
example, when speech can be shown to increase the danger to public safety.

Limiting Speech
Efforts to balance social order and
individual freedom are reflected in
interpretations of the First
Amendment that limit speech.

Explain how 1st Amendment

speech can be limited?
Eighth Amendment and Cruel and Unusual Punishment
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 Court Case Year Brief description of the case and outcome Constitutional principles

Gregg v. Georgia

Big Idea #2: Protections of the Bill of Rights have been selectively incorporated by way of the Fourteenth Amendment’s
due process clause to prevent state infringement of basic liberties.

14th Amendment

Term Definition and Explanation

Selective Incorporation

Due Process

Equal Protection

Selective Incorporation

Court Case Year Brief description of the case and outcome Constitutional principles

McDonald v. Chicago

Special Note: The Supreme Court’s decisions on the Second Amendment rest upon its constitutional interpretation of
individual liberty.

Special Note: The debate about the Second and Fourth Amendments involves concerns about public safety and whether
or not the government regulation of firearms or collection of digital metadata promotes or interferes with public safety and
individual rights.

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Due Process and Infringing Upon Individual Rights

Congressional Act Year Brief description of the Act Constitutional principles

Patriot Act

USA Freedoms Act

Special Note: The Supreme Court has on occasion ruled in favor of states’ power to restrict individual liberty; for
example, when speech can be shown to increase the danger to public safety.

Special Note: Pretrial rights of the accused and the prohibition of unreasonable searches and seizures are intended to
ensure that citizen liberties are not eclipsed by the need for social order and security, including:
o Protection against warrantless searches of cell phone data under the Fourth Amendment
o Limitations placed on bulk collection of telecommunication metadata

Special Note: The debate about the Second and Fourth Amendments involves concerns about public safety and whether
or not the government regulation of firearms or collection of digital metadata promotes or interferes with public safety and
individual rights.

Rights of the Accused

Court Case Year Brief description of the case and outcome Constitutional principles

Miranda v. Arizona

Gideon v. Wainwright

Special Note: The Miranda rule involves the interpretation and application of accused persons’ due process rights as
protected by the Fifth and Sixth Amendments, yet the Supreme Court has sanctioned a public safety exception that allows
unwarned interrogation to stand as direct evidence in court.

Special Note: The due process clause has been applied to guarantee the right to an attorney and protection from
unreasonable searches and seizures, as represented by:

Special Note: Pretrial rights of the accused and the prohibition of unreasonable searches and seizures are intended to
ensure that citizen liberties are not eclipsed by the need for social order and security, including:
o The right to legal counsel, a speedy and public trial, and an impartial jury

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Privacy and SCOTUS

Term Definition Explanation Constitutional

principles
Exclusionary
Rule

Privacy and SCOTUS

Explain where and how the Right to Privacy is interpreted #1:
in Constitution.

Be sure to include both locations in the Constitution with

explanations.
#2:

Court Case Year Brief description of the case and outcome Constitutional
principles
Roe v. Wade

Big Idea #3: The Fourteenth Amendment’s equal protection clause as well as other constitutional provisions have often
been used to support the advancement of equality.

Leadership, Equal Protection, and Motivation of Social Movements

Causes of Social Outcomes of the Social Constitutional principles
Movement Movement
King’s “Letter from a
Birmingham Jail”

National Organization of
Women (NOW)

Pro-Life Movement

LGBTQ rights

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Big Idea #4: Public policy promoting civil rights is influenced by citizen–state interactions and constitutional interpretation
over time.

Social Movements and Governments Response

Case/ Act Year Brief description of the case/act Constitutional principles

and outcome

Plessy v. Ferguson

Jim Crow Laws

Brown v. Board of
Education

Civil Rights Act of 1964

Title IX of the Education

Amendments Act of
1972

The Voting Rights Act of

1965

Special Note: Decisions demonstrating that minority rights have been restricted at times and protected at other times
include.

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Big Idea #5: The Supreme Court’s interpretation of the U.S. Constitution is influenced by the composition of the Court
and citizen–state interactions. At times, it has restricted minority rights and, at others, protected them.

Restriction and Protection of Civil Rights of Minority Groups

Congressional Acts Causes of Affirmative Outcome of Affirmative Constitutional principles
Action Acts Action Acts
Affirmative Action Acts

Special Note: The debate on affirmative action includes justices who insist that the Constitution is colorblind and those
who maintain that it forbids only racial classifications designed to harm minorities, not help them.

Special Note: Decisions demonstrating that minority rights have been restricted at times and protected at other times
include:
 The Supreme Court upholding the rights of the majority in cases that limit and prohibit majority-minority
districting