AP EXAM REVIEW
Civil Liberties and Civil Rights
Original Constitution did not have the Bill of Rights, but did provide protection such as:
(Know the Bill of Rights)
Writ of habeas corpus
No bills of attainder
No ex post facto laws
Freedom of Movement for citizens
No religious oaths for office
Limits on government use of treason
14th Amendment will extend most of the Bill of Rights to the States using selective incorporation (case by case)
using the Due Process Clause for the accused and the equal protection clause for groups that have experienced
discrimination.
Establishment Clause- wall of separation, Child benefit theory, Lemon test, moment of silence, long standing
tradition
Free Exercise clause-when a legitimate government interest conflicts with exercising your religious practice
Polygamy, pledge of allegiance, Amish case,
Freedom of Speech- “fighting words” commercial speech, clear and present danger, Brandenburg test, obscenity test,
Freedom of expression- flag burning (Texas v Johnson), time, manner and place; Tinker v Des
MoinesISD, Sedition Act of 1798, 1918 and Smith Act of 1940, Gitlow v NY
Freedom of the Press- prior restraint, shield laws, school newspapers, NYT v US (Pentagon Papers), NYT v Sullivan
Freedom of Assembly- NAACP v Alabama
Fourth Amendment- Exclusionary Rule (Weeks v US, Mapp v Ohio), honest mistake exception, inevitable discovery
rule, good faith exception, wiretapping, probable cause, reasonable suspicion, NJ v TLO
Fifth Amendment- grand jury, Miranda Rights and self incrimination, eminent domain, due process,
Sixth Amendment- trial procedures, right to attorney (Gideon v Wainwright)
Eighth Amendment- no cruel and unusual punishment and no excessive bails and fines, death penalty (Furman v GA.,
Gregg v GA)
Right to privacy- Griswold v Connecticut, Roe v Wade, Casey v Planned Parenthood, Vernonia ISD v Acton
Civil Rights- rational basis test, strict scrutiny test, intermediate (reasonableness standard) test
Segregation-de jure, de facto, Plessy v Ferguson (separate but equal), Brown v Topeka Board of Education, Jim
Crow laws, Civil Rights Act 1964, Voting Rights Act, 1965, Open Housing Act, 1968, affirmative action, Regents of
CA v Bakke- least restrictive means and reverse discrimination, Swann v Charlotte-Meckenlburg- busing,
Amendments 13-15
Women- Equal Rights Amendment, Equal Pay Act, Title IX, 19th Amendment, no women in combat units, no
arbitrary height and weight requirements, no age differences for drinking or legal status
Disabled- American With Disabilities Act (ADA), Education for All Handicap Children Act- free public education