ap gov notes bill of rights-

7/31/2019 AP Gov Notes Bill of Rights-

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AP Government: The Bill of Rights

Civil Liberties:1) First Amendment (5 freedoms—expression)2) Military Amendments (2 and 3)

3) Rights of the accused (4, 5, 6, 7, 8)4) Popular sovereignty (9, 10)

First Amendment —Five freedoms of expression.Religion

o Establishment Clause No government endorsement of religion Exceptions: ‘In God We Trust’ on money, ‘swear in’ on a bible,

‘under God’ in pledge of allegiance, tree

lighting/manger/manora in town square, federal holidays onEaster/Christmas/etc.

o Lemon Test 3 prong test

Purpose: is government dealing with civil matters only? Effects: Does the state action advance or inhibit religion? Effects: Is there excessive entanglement between government

and religion?o O’Conner Test

What happens to the adherents/non-adherents?o Ceremonial Deism

Deism God created the world and then left it. There is nodifference between different Gods—they’re all the same one.

References to religion in the Government are okay sometimesbecause of ceremonial Deism. Ex. ‘under God’ in the pledge of

allegiance, 4th verse of the national anthemo Newdow vs. US (2002)

Atheist sues elementary school for excessive entanglement inreligion. The guy lacked legal standing because he was not thecustodial parent.

o Marsh vs. Chambers (1983) Claimed that congressional prayers were unconstitutional. Okay because of ceremonial Deism

o Lynch vs. Pautucket (1984) Nativity scene on public grounds in Rhode Island.

o County of Allaghany vs. ACLU (1989) There was a Christmas tree and a manora on one side of the

street and a nativity scene on a court’s lawn on the other side

of the street. Manora + tree heard separately from nativity scene. Christmas tree/manora were okay, probably because they

were accommodating for more that one religion. Nativity scenewas not okay.



o More examples 10 commandments found in library courthouse, or town halls

(especially in the southeast). This is because we are a Judeo-Christian nation and those laws/history relate to us.Commandments are usually okay in courthouses—it depends

on where you live. Cannot have 10 commandments in a park.\ School it is okay to ‘teach’ religion, but not ‘preach’ it.

Teachers cannot proselytize religion. Teachers can’t wear conspicuous crucifixes. Cannot

hang them around the room (unless teaching a classabout religion, in which case they would need otherreligious symbols as well). Cannot have a bible on thedesk unless it has to do with the class.

Release Time

Students can be released early for a religious purpose(CCD)

Equal Access Ex. Christian club

Ewing vs ___?

Ewing public school bus taking kids to a religiousschool—okay

Vouchers Government can pay for parochial school if the kid can’t

afford it and the parents prove the public schoolenvironment is unsafe.

o Free exercise clause our right to believe or not believe is absolute.The government cannot interfere with our practicing religion.

Has the government significantly burdened a sincerelymotivated religious practice?

Is the burden justified by a compelling state interest?o Public vs. private

If you work for a private company, these rules change. Yourrights can be restricted

o Reynolds vs. US (1878) Mormon had multiple spouses. This is against the law.

Polygamy is still illegal even though it is part of his religion.o *Wisonsin vs. Yoder

Amish religion says that children do not go to school after 14years old. Wisconsin law says you must stay in school until 16.Yoder family wins.

o *Clay vs. US Muhammed Ali (boxer) is converted to Islam during Vietnam

war. He is drafted into army, but it is against his religion tofight in the war. They took away his boxing license because‘fighting’ is supposedly against his religion. Supreme court



voted unanimously to let him box and not fight in war. Fightingin war is very different from fighting in a boxing match.

o *Scopes TrialEvolution issues Questions whether evolution/Darwinism/creationism should

be taught in school. This particular school said evolution was

too complex to be explained by Darwin and must therefore bedue to a higher being. Court never really established whetherthis was okay or not. School was fined $100

o Engel vs. Vitale (1960) A very general, innocuous prayer was said every day in NY

school. This was unconstitutional.o Abington vs. Schempf (1961)

Read from the bible every day—also unconstitutionalo Wallace vs. Jeffree (1980)

Moment of silence every day. This is okay on special occasions,but if you do it every day, it makes it seem like they are trying

to get the students to pray—unconstitutional.

Speech/ExpressionSpoken word and speech plus (non spoken word)o *Tinker vs Des Moines

Tinker kids wore arm bands with peace signs on them toprotest the Vietnam war. Iowa was very conservative. Peacesigns = counterculture. Court says they have the right toexpress themselves.

o Ability to learn is greater than the right to expression If expression causes a distraction from learning, it is okay to

suppress it. (opposite of Tinker)o *Morse vs. Fredrick ”Bonk hits for Jesus”

Olympic torch passed through town. School was let out earlyto see it/watch parade. Fredrick was absent from school that day, was not on school property, and it was after release time.He had a sign that said ‘Bonk hits for Jesus’ and was suspended

from school for violating drug policy. School (Morse) wins.School officials broaden authority on speech.

o Tinker took away power of teachers, Morse gave them power.Combination of two is the law we go by.

o Silence is protected as much as speech (symbolic speech)o Texas vs. Johnson

Flag burning case Burns American flag as protest. Texas law says you can’t burn

the flag. Texas law was vague as to what flag you cannot burn. (There

are 51 flags in America. Led to an anti-flag-burning amendment. However, it didn’t get

¾ of states’ votes. Texas law was unconstitutional. o National Socialist Party vs. Skokie



Nazi parade in Jewish town of Skokie. Determined that nonviolent hate groups/hate speech are

protected (symbolic speech)o Not protected:

Patently offensive

Appeals to prurient interest Lacks any real artistic, scientific, or literary meaning

o Examples of not protect speech: Threats, clear and present danger, hate speech,

profanity/obscenities (usually on radio/TV), slander(actual malice—deliberate lie)

Press

o Libelactual malice (not protected) Public figures are more open to libel. Ex. president

o Zenger First press trial. (pre-bill of rights)

Zenger was a printer.o Censorship

Things can be censored if they are dangerous. Ex. war strategies, something that would cause panic School newspapersnot a lot of rights. School newspapers have a lot of control over plays/other stuff

tooo Assembly/petition

First petition ever was brought up by Quakers about abolitionof slavery

Second Amendment —military amendmentso Right for a well regulated militia being necessary to security of a free

state

Militia regulated by congress counters the president’s army if

he goes rogue (national guard)

o The right of the people to keep an bear arms shall not be infringed

Originally only meant a knife, but has no come to mean guns

o Gun ownership

Each state is in charge of the process to get gun, but cannot banguns

o Hand gun bill Washington DC and Chicago ban hand guns because they are

associated with crime Ban lasts for about 20 years, but in 2000 it is said to be

unconstitutional. Cannot ban hand guns. Can only control theway you purchase a gun.

o Brady Bill Raegan gets shot. James Brady got shot in head (barely

survives and is severely paralyzed). Brady’s wife made a bill



for a 5 day cooling off period from the time you purchase a gunto the time you pick it up, and also calls for a criminalbackground check.

Raegan supported the bill for moral reasons/convinced byBrady’s wife. This was unpopular (republicans supported gun

ownership) Criminal/mental background check —invasion of privacy? How

extensive is this background check. This cooling off period doesn’t help that much, as most crimes

are committed with illegally purchased guns.

3rd Amendment (dead amendment)o No soldier, in times of peace, shall be quartered in any home without

consent of the owner in a manner presented by law.o Response to the quartering act

Soldiers would say in empty barns/warehouses Later on, they would sometimes stay in homes (rare)

o Engblom vs. Carey (2nd circuit) Engblom is a prison guard who lives on prison grounds. Guards

go on strike. National guard takes place of prison guards while they are on

strike. The national guard take their rooms. Engblom uses 3rd amendment.

Even though she was given the room as payment for the jobshe was on strike for, she was still entitled to it.

4th Amendment Privacyo The right of the people to be secure in their persons, houses, papers,

and effects against unreasonable searches and seizures shall not be

violated, and no Warrants shall issue, but upon probable cause,supported by oath or affirmation, and particularly describing theplace to be searches, and the persons or things seized,

o People vs. persons People = public Persons = private House = where you live Effects = where you go/where you work/etc.

o Probable cause Evidence (ex. witnesses)

o writs of assistance British military could search for smugglers. 4th amendment was a response to this

o Privacy Is a theme in this amendment, though it doesn’t explicitly say

it. We don’t really have privacy. Ex:. picture is taken all the time

(in school, on street corners, in stores, etc.)



o Olmstead vs. US (1928) Olmstead was a bootlegger during prohibition. Government

knew about it and wanted to wire tap him to find evidence.They found the evidence, but Olmstead defended w/violationof 4th amendment.

Court said that because the listening device was outside of hishouse, it was not a violation of the 4th amendment.

o Katz vs. US (1961) Katz used payphone at diner. Listening device was put in diner

payphone Reversed Olmstead “the 4th amendment protects people, not

places” o *TLO vs NJ

Empowers the school to search TLO was a habitual trouble-maker in school. She was in the

bathroom, and a teacher walked in because she smelled smoke

and searched her bag, finding evidence of drug dealing. This case went from the juvenile court to the supreme court,

going through every court in between. Supreme court concluded that teachers had the power to

search under reasonable suspicion.

o *Mapp vs. Ohio Police were informed that Mapp might have been hiding a

terrorist. They asked to come in without a warrant. Mappdenies them entrance. The police come back and say they havea warrant, holding up a piece of paper, and they search her

house. They did not find a terrorist, but rather, obscenities. Mapp

sued using the first and fourth amendment. Because search was illegal, evidence could not be used against

her.o Exclusionary Rule

Evidence found illegally cannot be used in court. (Mapp v.Ohio)

However, if something is in plain sight then that is okay.

5th Amendment Grand Jury

Indicts people (decides whether there should even be a trial) Federal government has a grand jury, but not all states do—

they can choose their own system. Grand jury gets a bad reputation—they indict 97% of the time.

o Preliminary hearing If states do not use a grand jury, they use a preliminary

hearing.



Double Jeopardy

o Cannot be tried for the same crime twice in the same court. You can, however, be tried on the state and federal level for the

same crime. Self-incrimination

o Miranda vs. Arizona (1966) Miranda accused of rape. He was interrogated without counsel

and did not know he did not have to be a witness against himself. He confesses.

Miranda rights you must be told of your rights upon arrest.o Plead the 5th You do not have to testify against yourself.

Due Process

o Process must be the same for everyone. o In re Gault

Kids were accused of making prank phone calls. They werequestioned without a lawyer and without parents being there.

Due process also pertains to minors. Eminent Domain

o The government can take your property with compensation.o Barron vs. Baltimore (1817)

Harbor seized by government for public good.o ‘Blight’

The government can blight a neighborhood if it is ‘bad’ or ‘run

down’. They can redo the whole area.o Public good

Reasons why government can take property Libraries, hospitals, senior centers, youth centers

Strip malls are even considered public good (they create jobs) 6th Amendment

Speedy and public trial

o Public All trials are public unless danger is involved.

o Speedy ‘Docket’ court’s calendar Trials are never really speedy because the docket is always full. Discoveryeach side gets time to investigate the case. After

which, they trade information. Discovery takes a long time. Another reason while trials aren’t

really speedy. Right to a jury (petit)

o Petit jury Made up of around 12 people (varies from state to state) Decides if guilty or not guilty

o Directed verdict If you deny a jury, the judge makes the decision

o Complexity exception



If case is too complex, they can have someone experienceddecide instead of a jury.

Know the charges against you

o You must be told why you are being arrested.

Confrontation clauseo Right to confront witnesses against you. (You must sit in front of a

witness during cross-examination.)o Shield laws (exceptions)

Rape victims and sometimes children are exempt from theconfrontation clause

Witnesses for a defense

Right to counsel

o Evolution of the right to counsel Lewis vs. Alabama (Scottsboro Boys)

Only have a right to counsel if facing capital punishment

Betts vs. Brady Extended it to people with mental incapacities

Gideon vs. Wainwright

Extended it to right to counsel, no matter what o Lewis vs. Alabama (1932) (Scottsboro Boys)

Group of African teens accused of raping someone on a train.There was a confrontation between them and a group of whitekids. White kids claimed the black kids raped two girls.

There was no evidence of the rape. Scottsboro boys were poor, illiterate, and pronounced guilty

before their trial. Also, they had inadequate lawyers.

Alabama court said they had the right to counsel. Supreme court said they only had the right to counsel if facing

capital punishment.o Betts vs. Brady (1942)

Denied a lawyer because he wasn’t facing capital punishment. He had a mental disability, and so the Supreme Court said that

you have a right to counsel if you have a mental incapacity.o Gideon vs. Wainright (1964)

Gideon was accused of breaking in the pool hall where heworked sometimes. He had to be his own lawyer and did ahorrible job. He went to jail.

Gideon used the library in jail and wrote a petition. Supreme court took the case. Abe Fortas (really really good

lawyer) argues for him. He has a new trial and is innocent.

o You cannot appeal a case base on the fact you had a ‘lousy lawyer’ 7th Amendment (Civil court)The right to sue

o Burdens of proof



CriminalBeyond reasonable doubt Civil Preponderance of doubt In a criminal court, you have to be positive the person is guilty

before sending them to jail. There is less burden in a civil court because it is just money.

o Small claims court No jury Usually for accidents/damages that are worth less than

$10,000 (each state has a different number for this)o Civil court

For large amounts of money (companies suing companiesusually)

Can have a jury or civil judge

o Lawyers usually get a contingency fee (around half of your reward)

o If the case gets appealed, you don’t get your reward until after the

appeal is over.

8th Amendment o No excessive bail, fines, or cruel and unusual punishment o Bail

Fixed amount of money that allows you to not sit in jail untiltrial. Anyone can pay it for you.

You actually pay only 10% of bail fee. The rest will be a fine if you don’t show up to your trial.

RORthey can release you without bail if the crime is minorand you have no record.

o Bail must fit the punishment. Murderers can be denied bail.

Habitual offenders can have higher bail.o Capital punishment

Federal government has the death penalty. States can choose to use death penalty or not.

o Cruel and unusual standards Pain and suffering is cruel. We try to execute in the least ‘cruel’

way possible. Lethal injections took away physical pain, but there is still

mental pain.o Furman vs. Georgia (1972)

Someone robbed a house, tripped, and accidentally shot the

owner of the house. He was put on death row for murder. Supreme court suspended executions from 1972-1976 to try

and narrow down the list of reasons to execute.o Greg vs. Georgia

Narrowed down list of reasons to execute and continued withcapital punishment.

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