AP American Government and Politics
Wolski
Fall 2007
Unit V Planner: Civil Rights and Civil Liberties
Wilson, Chapters 18, 19
Test Date: January 10th
Mandatory Reading: Cornel West, “Race Matters,” in Lanahan, pg. 22-30. Due 12-21
KEY TERMS:
Civil Liberties
Bill of Rights civil liberties civil rights
Sedition Act (1798) Espionage/Sedition Acts (1917) Smith Act (1940)
Internal Security Act (1950) Communist Control Act (1954) Patriot Act (2001)
prior restraint Clear and present danger due process clause
libel Slander preferred position
imminent danger clarity least-restrictive means
obscenity “community standards” symbolic speech
free-exercise clause Establishment clause wall of separation principle
lemon test School prayer religious exemption
Exclusionary rule search warrant probable cause
Miranda rule plain view doctrine good-faith exception
Expectation of privacy self-incrimination Barron vs. Baltimore (1833)
Civil Rights
Suspect classifications Jim Crow Laws de jure segregation
De facto segregation lynching “Separate but equal” WEB Dubois “equal protection” clause racial profiling
NAACP “with all deliberate speed” Nonviolent civil disobedience Martin Luther King, Jr. Montgomery Bus Boycott March on Washington, DC Civil Rights Act 1957 and 1960 Civil Rights Act 1964 Voting Rights Act 1965
Women’s Rights, Affirmative Action, Immigrants
Strict scrutiny Civil Rights Act 1972 Equal Rights Amendment
Reasonableness standard Hyde Amendment Sexual harassment EEOC strictly liable
Roe vs. Wade NOW (National Organization for Women) affirmative action
Reverse discrimination equality of opportunity equality of results
Rights of aliens Americans with Disabilities Act compensatory action
compelling interest narrowly tailored
Boy Scouts of America vs. Dale “don’t ask, don’t tell”
Unit II Assignment: Supreme Court Cases
Requirements: Presentations: January 4th and 7th
1. Each student will be required to participate in an oral presentation on one of the Supreme Court cases listed below. The oral presentations are due on the day listed after each case. “Choose wisely…”
2. Sign up for one of the cases listed below. There are 33 total cases, so no one should be done twice. If we have leftovers, I will cover them in class. In the case of an argument about a case, a quarter will decide the outcome.
Free Speech cases:
Schenk vs. United States (1919) Dennis vs. United States (1951)
Village of Skokie vs. National Socialist Party (1971) Yates vs. United States (1957)
NY Times vs. United States (1971) Texas vs. Johnson (1989)
Tinker vs. Des Moines (1969) Hazelwood School District vs. Kuhlmeier (1987)
Church and State cases:
Lemon vs. Kurtzman (1971) Abington School District vs. Schempp (1963)
Engel vs. Vitale (1962) Zelman vs. Simmons-Harris (2002)
Criminal Rights and Search and Seizure cases:
Gideon vs. Wainwright (1963) Mapp vs. Ohio (1961)
United States vs. Ross (1982) Miranda vs. Arizona (1965)
Escobedo vs. Illinois (1964) People v. Caballes (2005)
Washington vs. Chrisman (1982)
Death Penalty cases:
Furman vs. Georgia (1972) Gregg vs. Georgia (1976)
Atkins vs. Virginia (2002)
Privacy cases:
Griswold vs. Connecticut (1965) Roe vs. Wade (1973)
Webster vs. Reproductive Health Services (1989) PlannedParentHood vs. Casey (1992)
Lawrence (and Garner) vs. Texas (2003)
Civil Rights cases:
Swann vs. Charlotte-Mecklenburg Board of Education (1971)
Regents of the University of California vs. Bakke (1978)
Gratz vs. Bollinger (2003) Plyler vs. Doe (1982)
Grutter vs. Bollinger (2003)
3. Presenter will need to research cases. There is some discussion in Wilson, but most are either briefly mentioned or just footnoted. Most opinions can be found at the following sites:
http://www.findlaw.com/casecode/supreme.html
http://www.tourolaw.edu/patch/Chart.asp
http://www.oyez.com
http://www.lib.uchicago.edu/e/law/supreme.html
http://curiae.law.yale.edu/
You will probably need to get other information from other sources, but you can probably do most of your research on the internet. However, make sure the site is a credible source. Again, always follow Lester’s lead. You may find some of the cases at our library or at Mentor Public. You can get opinions from the Supreme Court website (http://www.supremecourtus.gov/), but students should not rely on their ability to read opinion and determine all relevant issues from the opinions. You will want to get summaries written by others.
4. Presenter will be responsible for informing the class of following:
a. the legal, social and/or political issues raised by the case
b. how the case got to the Supreme Court
c. a summary of the arguments for both sides
d. the outcome of the case with an explanation of the decision (what it was, reasoning behind it)
e. any notable dissenting position
5. Presentations should be 5-10 minutes in length.
6. Although the presentations will be evaluated primarily on content, students will be expected to be prepared, to act professionally, and to speak clearly and audibly. Visual aids (an outline, handout, etc) for the class would be appreciated.
7. Since this is an oral presentation, no official “paper” needs to be turned in. However, I should see your notes, index cards, etc. when the presentation is done.
8. The assignment is worth 50 points.
BASIC QUESTIONS:
Civil Liberties
1. Briefly explain Wilson’s idea of rights in conflict. Give an example NOT listed in the book.
2. Jefferson (and his supporters) were “vehemently” against the Sedition Act of 1798. However, he felt a few prosecutions of the “most prominent offenders” would stop the “torrent of slander.” Explain this paradox.
3. Many scholars and observers have argued that the ratification of the 14th Amendment to the Constitution has become the single most important act in all of the United States politics.
a. Identify which provisions the 14th Amendment was applied in one of the following Supreme Court cases. For the case you select, explain the significance of the decision in the United States politics.
Brown vs. Board of Education (1954); Baker vs. Carr (1962)
b. Identify which provisions the 14th Amendment was applied in one of the following Supreme Court cases. For the case you select, explain the significance of the decision in the United States politics.
Mapp vs. Ohio (1960); Gideon vs. Wainwright (1963); Miranda vs. Arizona
(1965)
4. Why is it difficult for the Court to deal with cases of obscenity?
Civil Rights
1. Political institutions can present both obstacles and opportunities to racial minority groups in their efforts to gain political influence.
a. Identify one feature of one of the following and explain how that feature has presented obstacles to racial minority groups in their efforts to achieve political goals: federalism; the Supreme Court; the United States electoral system; the United States political party system.
b. Identify one feature of one of the following and explain how that feature has presented opportunities to racial minority groups in their efforts to achieve political goals: federalism; the Supreme Court; the United States electoral system; the United States political party system.
2. Currently the constitutional and legal validity of affirmative action is being debated. Explain why affirmative action was begun in the 1960’s and the constitutional and legal issues that have been debated since that time.
3. The nation is debating the immigration issue. At question are the estimated 11-12 million illegal immigrants that are currently residing in the United States. Formulate an argument both for and against the restriction of immigration. Use the following ideas in your argument: Guest Worker program; amnesty; deportation; rights of aliens; President Bush’s plan.