Unit 3 Study Guide: Civil Liberties and Civil Rights AP Government, 2022-23 Dr. Ludwig, 10 points AP Learning Objectives 3.1: Bill of Rights . Explain how the U.S. Constitution protects individual rights and liberties Civil Liberties: The personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation. Civil Rights: The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals. Bill of rights: the first ten amendments of the constitution which largely guarantee specific rights and liberties 1. Freedom of speech, press, assembly, religion, petition 2. Right to bear arms 3. No quartering of troops 4. No unreasonable searches/seizures 5. No double jeopardy 6. Right to fair/speedy trial 7. Right to civil trial by jury 8. No cruel and unusual punishment 9. More rights than listed 10. States rights - the federal government does not have more rights than this; the remainder belong the states and the people Amendments 1-8: state that new federal government cannot oppress the people in the same manner as the previous king 9th Amendment: "the enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people Penumbra doctrine: a group of rights derived, by implication, from other rights explicitly protected in the Bill of Rights. (example: right to privacy) - Bc of 10th amendment, there is no penumbra of federal government rights 3.2, 3.3, 3.4, 3.5: First Amendment, Freedom of Religion/Speech/Press and Right to Bear Arms
Explain the extent to which the SCOTUS's interpretation of the First and Second Amendments reflects a commitment to individual liberty Establishment/free exercise clause: "congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" - Prevents the establishment of an official government-sponsored religion - Prevents government actions that preferences one religion over another or over non-belief - Protects government from religion - Reserves rights of individuals to accept any religious belief and engage in religious rituals - Includes right to break laws on religious grounds for discrete reasons - Protects religion from government - Prohibits government-compelled attendance or financial support of religious institutions; gov interference selection of religion's clergy/doctrine; religious orgs/figures exercising governmental power; selective government extension of benefits to some religious entities - Applications: - Aid to religious institutions - Must be neutral b/w religious and non-religious institutions that provide religious/educational services - Cant be used to communicate religious doctrine - Government-sponsored prayer - Strict bans for students as captive audiences - Less stringent bans for adults - Accommodation of religion (w/out establishing that religion) - Many laws include exemptions for religious practices - Religious symbols - Endorsement test Lemon Test: 3 part test created by the supreme court for examining the constutionality of religious establishment issues
Entanglement Prong: The statute must not cause "excessive government entanglement" with religious affairs, AND ... Effect Prong: The statute cannot advance or prevent religious practice, AND ... Purpose Prong: The statute must have a secular legislative purpose. lemon test