AP American Government and Politics

Civil Liberties and Public Policy

Study Guide

Learning Objectives

Trace the process by which the Bill of Rights has been applied to the states.

Distinguish the two types of religious rights protected by the First Amendment and determine the boundaries of those rights.

Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights.

Describe the rights to assemble and associate protected by the First Amendment and their limitations.

Describe the right to bear arms protected by the Second Amendment and its limitations.

Characterize defendants’ rights and identify issues that arise in their implementation.

Outline the evolution of a right to privacy and its application to the issue of abortion.

Assess how civil liberties affect democratic government and how they both limit and expand the scope of government.

Instructional Materials

  • Edwards Chapter 4 with Study Guide Formatives
  • Monk: Readings on the Amendments with discussion questions
  • Supreme Court Case Studies
  • Supreme Court DBQ’s
  • AP Gov. Activities 34-38

Chapter Overview

This chapter explores the nature of civil liberties—those individual legal and constitutional protections against the government—afforded in the United States. We begin by exploring the specific protections afforded the people and trace the process by which these protectionsincreasingly came to limit the powers of both the national and state governments. Next, we turn to examine the scope of specific rights, including freedoms of speech and religion, freedom of the press, the right to privacy, the protection of private property, the right to bear arms, and the rights of criminal defendants. We conclude by considering the way in which the civil liberties guaranteed under our Constitution and the Bill of Rights affect our democratic government in the United States. By the end of the chapter, students should understand the scope and nature of their rights under the U.S. Constitution and how these rights have evolved over time.

Class Activities

CLASS ACTIVITY 1:

  • video clip from the Congressional Prayer Caucus, ( The Congressional Prayer Caucus was established in 2005 to recognize the role of prayer in uniting us as a people; to collect, exchange, and disseminate information about prayer as a fundamental and enduring feature of American life; and to use the legislative process to assist the nation and its people in continuing to draw upon and benefit from prayer.
  • opening prayer at the House of Representatives - C-SPAN website ( Historical prayers or (
  • Discussion: Think about whether this practice represents an unconstitutional violation of the separation between church and state or an acknowledgement of the importance of freedom of religious practice in American civil liberties.

CLASS ACTIVITY 2:One task government must perform is to resolve conflicts between rights.

  • Think about potential conflicts within the Bill of Rights. Examples might include the tension between the free exercise and establishment clause or between the right to a fair trial and the freedom of the press.
  • Develop criteria by which conflicting rights might be balanced.

CLASS ACTIVITY 3:Supreme Court role-play: Obergfell

CLASS ACTIVITY 4:Debate on adopting a constitutional amendment to prohibit burning the American flag. One side should prepare arguments supporting a person’s right to freedom of expression; the other should focus on potential negative consequences to the public interest of burning the flag.

CLASS ACTIVITY 5:Reporters argue that freedom of the press guarantees them certain rights that other potential witnesses cannot claim, such as the right to protect confidential sources, even in criminal trials.

Informal Debate:

  • Class will be divided into sections, with one section assigned the task of defending the right of journalists to shield confidential sources and the other section assigned the task of showing that reporters have no more rights than other citizens.
  • Each section should select a spokesperson to present the group’s analysis.

CLASS ACTIVITY 6:The process of incorporating the Bill of Rights provides an engaging way to consider the nature of our civil liberties. Consider the fact that the founders did not directly require guaranteed freedoms to be included in state constitutions and did not impose the limitations on government intrusion on civil liberties afforded by the Bill of Rights on the states. Discuss the following questions:

  • Why do you think the founders did not believe the Bill of Rights should limit the scope of government at the state level? Does this suggest that they were comfortable with restrictions on freedoms of speech, religion, and the press, for example, if they were imposed by the states rather than by the national government? Why?
  • Did the founders believe states would develop guarantees much like those of the national government? Did they believe that the national government would, in time, nationalize the Bill of Rights? Or can you think of other reasons why the founders did not extend the Bill of Rights into all states?

CLASS ACTIVITY 7:Suppose that the government suspects you of terrorist activities. Indicate whether the government has the following rights by checking yes or no next to each object:

  • Search your home without a warrant
  • Tap any telephones you use
  • Keep your computer under surveillance
  • Put you in prison indefinitely without specific charges while it looks for evidence
  • Listen in on your conversations with your lawyer
  • Use hearsay evidence against you in your trial
  • Prevent you from appealing the decision

Share and discuss answers.

CLASS ACTIVITY 8:Should the government apply the death penalty? Use the infographic from the textbook as the basis for a discussion around the following questions:

  • Can you identify any general trends in support for the death penalty over time? Has support increased? Decreased? Remained steady?
  • How do black and white Americans differ in their perspective on the death penalty?
  • How does support for the death penalty track with the violent crime rate? What relationship between the two would you expect to see? Why?
  • What other factors might account for shifts in the rate of violent crime in the United States?

Formatives

Due on Wed. Oct. 14th

 Research Activities: Complete ONE

RESEARCH ACTIVITY 1: Although the Supreme Court has ruled that obscenity is not protected by the First Amendment, it has been difficult to determine precisely what is obscene.

  • In a short paper, list and explain the Lemon test.
  • write a definition that could be used by a court or censorship panel to distinguish obscenity from legally protected art.

RESEARCH ACTIVITY 2: The rights guaranteed under the First Amendment have gradually been expanded by the courts over time. In addition to the rights specified in the Constitution, the Supreme Court has determined that the protections of the Constitution extend to other fundamental rights, such as the right to privacy, which builds upon (but is not directly found in) the first, third, fourth, fifth, sixth, eighth, ninth, and fourteenth amendments.

Other examples might include the Warren Court protection of the right to travel and the right to reproductive privacy, which are not mentioned in the Constitution. Even the more conservative Burger Court recognized new liberties such as the right to abortion and the right of families to remain together.

  • Think about the way in which the rights granted by the Constitution have greatly expanded over time. Remember the founders did not include these rights, and there is debate about whether or not such rights should have ever been recognized.
  • Select one of the following cases and explain how it affected the rights granted by the U.S. Constitution:

Shapiro v. Thompson (1969), which asserted a “freedom to travel”

Griswold v. Connecticut (1965), which granted “reproductive freedom”

Roe v. Wade (1973), which granted the “right to abortion”

Moore v. City of East Cleveland (1977), which granted a “right for families to remain together”

  • In a short reflection paper, review the Court’s decision in one of these cases. Be sure to read both the majority and dissenting opinions.
  • Summarize the majority and dissenting opinions as they relate to the creation of rights not otherwise found in the Constitution.
  • Reflect on the nature of our rights under the Constitution. Based on what you have learned, do they you think that the courts should interpret the Constitution in light of contemporary society and demands, or should judges narrowly interpret the Constitution only to the specific protections afforded there?

RESEARCH ACTIVITY 3:Read the list of grievances of the colonists against the British government in the Declaration of Independence and note which grievances were addressed by provisions of the Bill of Rights.Identify and explain how each specific provision within the Bill of Rights addressed the grievance in question.

RESEARCH ACTIVITY 4: State constitutions include bills of rights. In many states, the state constitution is becoming important in framing human rights beyond those incorporated in the U.S. Bill of Rights.

  • Read the bill of rights in the Wisconsin constitution.
  • Write a short paper in which you compare the wording there with that in the U.S. Constitution. Is the state or national bill of rights more specific? Are there more rights listed in the state constitution? Are there any surprises (inclusion or omission of rights that strike the student as unusual)?

RESEARCH ACTIVITY 5:Review the Ninth Amendment, which can be found many places online, including the National Archives website (

  • In a short paper, explain in your own words what you think the Ninth Amendment means. Are people entitled to some rights not mentioned in the Constitution? If so, what are they?
  • How does Jefferson’s assertion of inalienable rights expressed in the Declaration of Independence ( fit into this context?

RESEARCH ACTIVITY 6: There is a fine line between permissible and nonpermissible aid to parochial schools.

  • Create a list of the merits and problems of government aid to church-related schools.
  • write a short paper in which you discuss how the establishment clause and the free exercise clause relate to government aid to church-related schools.
  • Research how recent Supreme Court decisions have modified these policies.

RESEARCH ACTIVITY 7:Watch a recent film dealing with the issues raised in this chapter.

  • Possibilities include You Don’t Know Jack (the right to privacy in the context of the debate over physician-assisted suicide); Monster’s Ball, The Green Mile,or Dead Man Walking (the rights of criminal defendants, Eighth Amendment prohibition of cruel and unusual punishment); and The Majestic or Guilty by Suspicion (freedom of assembly).
  • After watching your selected film, write a short paper in which you reflect on the way in which the themes explored in the film illustrate the challenges of protecting the civil liberties guaranteed under the Constitution.

RESEARCH ACTIVITY 8: check a list of current issues related to freedom of speech at Write a one-page briefing on a contemporary dispute over freedom of speech.

Discussion Questions: Respond to ALL 14

  1. Discuss the development of hate speech as an unprotected speech form.
  2. Discuss why incorporation is consistent with larger themes in federalism.
  3. How does the Lemon test examine the constitutionality of religious establishment issues?
  4. Describe the paradoxes inherent in civil liberties and democracy and in civil liberties and scope of government.
  5. Why is freedom of the press essential to democracy?
  6. Explain how Gideon v. Wainwright changed how the courts interpreted the Sixth Amendment.
  7. How has the Supreme Court applied the exclusionary rule?
  8. Why did the Supreme Court briefly end capital punishment in 1972?
  9. Explain the difference between libel and slander.

Liberties

  1. How does the Supreme Court apply the concept of neutrality in deciding free exercise of religion cases? Provide examples.
  2. Figure 4.2, (Edwards) The Decline of Executions, depicts the decreasing number of executions in America compared with the state of Texas. Discuss the history of the death penalty in America. Why has it gone through periods of favor and disfavor?
  3. Why does the plight of the Guantanamo detainees raise concerns about civil liberties?
  4. How does the clear and present danger test operate?
  5. Is the right to privacy in the Constitution?

Essay Question: Respond to TWO

  1. Discuss the evolution of abortion rights.
  2. Why are the establishment and free exercise clauses necessary to maintain the separation of church and state?
  3. How do we know that the Framers intended the Bill of Rights to limit federal government’s power to infringe on the rights and liberties of citizens?
  4. How did Miranda v. Arizona change the way law enforcement treated criminal defendants
  5. In what ways are civil liberties a reflection of American individualism?