APG UGRP Unit 3: Civil Liberties and Civil Rights

/10 UGRP Score: /10 UEQ Score: Weeks: 3.5 Name Date Period APG UGRP Unit 3: Civil Liberties and Civil Rights Anchor Text: Chapter 4 -Civil Liberties. Read You Can t Say That!, by David Bernstein and answer the following questions (2003) 1. David Bernstein points to a conflict between: /20 Total Score 2. On what constitutional provision are civil liberties based, states David Bernstein? 3. An example cited by David Bernstein to illustrate the threat to civil liberties on university campuses are: 4. Prediction: How do you think Bernstein s article will fit-in with what we are studying? Chapter 5 -Civil Rights. Read Roberts: 'Celebrate Today's Decision... But Do Not Celebrate The Constitution' and answer the following questions (2015). To access this article, you must go to: http://1.usa.gov/1qtttz1 1. Read and summarize the following justice s dissents on Obergefell v. Hodges (http://1.usa.gov/1qtttz1). Make note of why they are dissenting from the majority ruling in this case. Chief Justice Roberts: Associate Justice Thomas: Associate Justice Scalia: Associate Justice Alito: 2. To what extent do you agree/disagree with the ideology of these Justices? Chief Justice Roberts: Associate Justice Thomas: Associate Justice Scalia: Associate Justice Alito: 3. Based on the history presented to you (via the article above), the rulings of the dissenting justices, and your own personal knowledge, how do you think you would decide this case? Use specific terminology in your response below. Make it as personal as you wish. 1

UEQ: Answer these on a separate sheet of paper and staple it to the back of this packet. Answers must have a thesis, a piece of evidence and a conclusion. Chapter 4 -Civil Liberties 1. Explain how the SCOTUS has attempted to balance claims of individual freedom with laws and enforcement procedures that promote public order and safety. In your response elaborate on the definition of civil liberties and how those liberties are applied to the states via the incorporation doctrine. Chapter 5 -Civil Rights 2. Elaborate on the term civil Rights, then explain how the SCOTUS has at times allowed the restriction of the civil rights of minority groups and at other times has protected those rights. Objectives: These are the key concepts that you must be able to answer after Unit 3. These are also your review topics for our online study guide. They are also the guided reading questions. Have at it TeamAP! Chapter 4 -Civil Liberties 4.1 Explain the roots of civil liberties in the Constitution and their development in the Bill of Rights 4.2 Distinguish between the establishment and the free exercise clauses of the First Amendment 4.3 Outline the First Amendment liberties and limitations on the freedoms of speech, press, assembly, and petition 4.4 Describe the Second Amendment right to bear arms 4.5 Outline the constitutional rights of defendants and the issues involved in protecting defendants liberties as guaranteed by the Bill of Rights 4.6 Explain the origins and significance of the right to privacy 4.7 Evaluate how reforms to combat terrorism have affected civil liberties Chapter 5 -Civil Rights 5.1 Trace the roots of movements to guarantee rights to African Americans and women 5.2 Outline developments in African Americans and women s push for equality from 1890-1954 5.3 Analyze the legal protections enacted for African Americans and women s civil rights since 1955 5.4 Summarize the struggles of other groups-differentiated minorities for civil rights 5.5 Evaluate the standards by which civil rights are protected today and analyze the reforms still necessary Vocabulary: Complete these on a 3x5 notecard. The front has the term, the back has the definition and a personal sentence with the term used in its proper context. Chapter 4: Alien and Sedition Acts, bill of attainder, Black Lives Matter, civil rights, civil liberties, exclusionary law, ex post facto law, fighting words, fundamental freedoms, grand jury, hate speech, incorporation doctrine, libel, Miranda rights, pripr restraint, right to privacy, sedition laws, selective incorporation, slander, symbolic speech (28) Clauses: Double jeopardy clause, due process clause, establishment clause, free exercise clause (4) Tests: Clear and present danger test, direct incitement test, Lemon test, undue burden test (4) Chapter 5: Equal Rights Amendment (ERA), grandfather clause, Jim Crow laws, poll tax, Progressive Era, Seneca Falls Convention, separate-but-equal doctrine, suffrage movement, suspect classifications, Title IX (10) Types of Civil Rights Organizations: League of United Latin American Citizens, LGBT Community, Mexican American Legal Defense and Educational Fund, National American Woman Suffrage Association, National Association for the Advancement of Colored People, NAACP Legal Defense and Educational Fund, National Organization for Women, National Woman s Party (8) Standards of Review: Intermediate standard of review, rational basis standard of review, strict scrutiny (3) Homework Assignments: Chapter Assignment/Topic Due Date/Stamp 4 Read Chapter 4 -Civil Liberties (pp. 62-90) and quiz Complete Chapter 4 VNC and quiz 2

Chapter Assignment/Topic Due Date/Stamp 5 Read Chapter 5 -Civil Rights (pp. 91-120) and quiz Complete Chapter 5 VNC and quiz SCOTUS Assignments Required SCOTUS Cases: N/A Suggested SCOTUS Cases: N/A Other Unit Requirements Required Foundational Documents: The Patriot Act, Letter From Birmingham Jail [CR2, CR10] Unit 2 Test Chapter 4 -Civil Liberties: Directions: This packet is a little different. In each section you will be asked basic questions that help fill-in some of the blanks. You will also find questions that are found within the PowerPoint. At the end of the Chapter 4 questions, you will find a chart that covers all of the SCOTUS cases in this part of the Unit (there is no SCOTUS component in the UPSP). These are listed by DATE not by relation to the civil liberty they are connected to. That is your job... to connect them to their respective Amendment or Clause. 4.1 Explain the roots of civil liberties in the Constitution and their development in the Bill of Rights 1. What is a civil liberty? 2. Define the term Incorporation Doctrine. What Amendments is this connected to? Why do you think this is important? 3. Define the term Selective Incorporation. 4.2 Distinguish between the establishment and the free exercise clauses of the First Amendment 1. Define the term Establishment Clause and give an example of how it s used 2. Define the term Free Enterprise Clause and give an example of how it s been used 3. Explain the three components of the Lemon Test: 4. Connect the Freedom Restoration Act of 1993 to religious freedoms? Is it a good idea that certain religious practices are protected by law even if they re looked upon by society as weird or unnecessary? Explain. 5. What defines a religion in the United States? 3

4.3 Outline the First Amendment liberties and limitations on the freedoms of speech, press, assembly, and petition 1. Is this type of speech protected? Explain in why this speech should/should not be protected 2. Even if you find this speech offensive, does that necessarily mean it should be regulated by a governmental entity? Explain. 3. Explain the term Prior Restraint and give an example. 4. Name a few times when it is allowed: 5. Define Symbolic Speech and give an example. 6. Define Hate Speech and give an example. 7. Define Slander and Libel. What is the difference between the two? Why is are these hard to prove in a court of law? 8. Define what Fighting Words are and how they change over-time. 9. Why do you think Obscenity is left to the communities to define and enforce? 10. Identify and explain the KEY INGREDIANT to Freedom of Assembly. 11. Why do you think Commercial Speech and Regulation of the Public Airwaves is so highly regulated by the FCC? 4.4 Describe the Second Amendment right to bear arms 1. What kind of right is gun ownership? Do you agree or disagree with this? Explain. 4

4.5 Outline the constitutional rights of defendants and the issues involved in protecting defendants liberties as guaranteed by the Bill of Rights Fourth Amendment: 1. What is probable cause? Reasonable Suspicion? 2. What is a reasonable search? Elaborate on the concept of Fruit of the Poisonous Tree. 3. When is a warrantless search allowed? 4. What the exclusionary rule? 5. Elaborate on your thoughts about the police not needing a warrant to listen to your cell phone conversations. Fifth Amendment: 1. What constitutes the right to a grand jury? 2. What is double-jeopardy? 3. What constitutes self-incrimination? 4. What is covered under due process? 5. Why was Ernesto Miranda important to the development of defendants rights? Sixth Amendment: 1. Can a trial be too speedy & public to be fair? Explain. 2. How must you be informed of charges? 3. What constitutes right to counsel? 4. Why was Clarence Gideon important to the development of defendants rights? Eight Amendment: 1. In your mind, what constitutes excessive bail, excessive fines and cruel and unusual punishment? 5

4.6 Explain the origins and significance of the right to privacy 1. Explain, by using SCOTUS cases, how the 9 th Amendment has been used in conjunction with the 14 th Amendment to provide liberties in the following situations Birth Control: Abortion: LBGT Issues: 4.7 Evaluate how reforms to combat terrorism have affected civil liberties 1. Elaborate on how the Patriot Act has influenced: The First Amendment: The Fourth Amendment: Directions: Fill-in the appropriate information as we work through these SCOTUS cases in the Unit 3 PowerPoint. Please note the cases are presented in chronological order. Cases in BOLD are required by the CollegeBoard! Case Name Case Details SCOTUS Holding Connected Amendment Connected Civil Liberty Baron v. Baltimore (1833) Schenck v. United States (1919) Gitlow v. New York (1925) Palko v. Connecticut (1937) DeJonge v. Oregon (1937) U.S. v. Miller (1937) Mapp v. Ohio (1961) 6

Case Name Case Details SCOTUS Holding Connected Amendment Connected Civil Liberty Robinson v. CA (1962) Engle v. Vitale (1962) Escobedo v. Illinois (1964) Gideon v. Wainright (1964) New York Times v. Sullivan (1964) Griswold v. Connecticut (1965) Miranda v. Arizona (1966) Katz v. U.S. (1967) Brandenburg v. Ohio (1969) Tinker v. Des Moines (1969) Miller v. California (1971) Lemon v. Kurtzman (1971) New York Times v. United States (1971) 7

Case Name Case Details SCOTUS Holding Connected Amendment Connected Civil Liberty Wisconsin v. Yoder (1972) Roe v. Wade (1972) Furman v. GA (1972) U.S. v. Leon (1984) New Jersey v. T.L.O. (1985) Texas v. Johnson (1988) R.A.V. v. City of St. Paul (1992) Planned Parenthood v. Casey (1992) Atkins v. Virginia (2002) Lawrence v. Texas (2003) Hamdi v. Rumsfeld (2004) Roper v. Simmons (2005) D.C. v. Heller (2008) McDonald v. Chicago (2010) 8

Case Name Case Details SCOTUS Holding Connected Amendment Connected Civil Liberty Riley v. California (2014) Whole Women s Health v. Hellerstedt (2016) 1. Pick one of the SCOTUS cases above and elaborate on how that case directly connects to: a. A civil liberty found in the Constitution b. You, as an American citizen c. You as a future father or mother 2. Do you think this civil liberty can ever be taken away from you? Explain. Chapter 5 -Civil Rights: Directions: This packet is a little different. In each section you will be asked basic questions that help fill-in some of the blanks. You will also find questions that are found within the PowerPoint. At the end of the Chapter 5 questions, you will find a chart that covers all of the SCOTUS cases in this part of the Unit (there is no SCOTUS component in the UPSP). These are listed by DATE not by relation to the civil right they are connected to. That is your job... to connect them to their respective Amendment or Clause. 5.1 Trace the roots of movements to guarantee rights to African Americans and women 1. Define Civil Rights and give an example. 2. Outline the major steps in the Slavery Issue : Slave Trade Ends in 1808: The Cotton Gin: The Missouri Compromise of 1820: 3. How did Uncle Tom s Cabin and the Dred Scott case change the slavery issue in your opinion? 9

4. Often called The Second Bill of Rights how did the following amendments change American society: Thirteenth Amendment: Fourteenth Amendment: Fifteenth Amendment: 5.2 Outline developments in African Americans and women s push for equality from 1890-1954 1. Explain the National Association for the Advancement of Colored People (NAACP): How did they push for their respective groups civil rights? 2. Explain the National American Woman Association (NAWA): How did they push for their respective groups civil rights? 3. Types of segregation. Define the following two terms and give an example of each type of segregation: De jure: De facto: 4. What are the NAACP Test Cases? What was being tested? 5. What NAACP case became the spark that started the equal rights fire? 5.3 Analyze the legal protections enacted for African Americans and women s civil rights since 1955 1. Define Statutory Protections. What are these? 2. Explain all deliberate speed. Who did this apply to? 3. How does the Aaron case set-up the Brown case? 4. What Role Did Civil Disobedience Play in the Civil Rights Movement? 5. Define the following organizations and explain how they promoted their version of civil rights: Southern Christian Leadership Conference (SCLC): 10

Student Nonviolent Coordinating Committee (SNCC): National Organization for Women (NOW): 6. Outline the SIX main components of the Civil Rights Act of 1964: 7. What is the Equal Pay Act of 1963? Did it work? 8. What is Title IX of the Education Amendments of 1972? Did it work? 9. In your opinion, why did the Equal Rights Amendment (ERA) fail to be ratified? 5.4 Summarize the struggles of other groups-differentiated minorities for civil rights 1. Well, outline the following groups: Hispanic Americans: American Indians: Asian and Pacific Island Americans: The Lesbian, Gay, Bisexual, and Transgender (LBGT) Community: Americans with Disabilities: 5.5 Evaluate the standards by which civil rights are protected today and analyze the reforms still necessary 1. How does SCOTUS look at laws that have to do with Race, Gender and Other circumstances? 11

2. SCOTUS uses a three-tier system of Standard of Review. Please define each standard below and explain how it would be applied to a law in question (these are found in the PowerPoint -listed as Level of Scrutiny) Race: Gender: Other: Directions: Fill-in the appropriate information as we work through these SCOTUS cases in the Unit 3 PowerPoint. Please note the cases are presented in chronological order. Cases in BOLD are required by the CollegeBoard! Chapter 5 -Civil Rights Case Name Case Details SCOTUS Holding Connected Amendment Connected Civil Right Dred Scott v. Sanford (1857) Yick Wo v. Hopkins (1886) Plessy v. Ferguson (1896) Missouri ex el Gaines v. Canada (1937) McLaurin v. Oklahoma (1946) Sweatt v. Painter (1950) Hernandez v. Texas (1954) Brown v. Board of Education (1954) 12

Case Name Case Details SCOTUS Holding Connected Amendment Connected Civil Right Cooper v. Aaron (1958) Swan v. Charlotte- Mecklenburg S.D. (1971) Obergefell v. Hodges (2015) 1. Pick one of the SCOTUS cases above and elaborate on how that case directly connects to: a. A civil right found in the Constitution b. You, as an American citizen c. You as a future father or mother 2. Do you think this civil right can ever be taken away from you? Explain. APG Unit 3 Concept Reviews Directions: With your partner, write a quick response to each question. We will review as a class. Chapter 4: Civil Liberties Concept Review #1 1. The Constitution creates a wall of separation between Church and State in the words of the: A. Elastic clause B. Establishment clause C. Exclusionary clause D. The Lemon Test 13

Concept Review #2 2. Prior Restraint is only legal when: A. Congress creates a law that is unlimited in its power B. Congress creates a law during a national emergency, but the law is limited power C. The President creates an executive order D. The SCOTUS allows it Concept Review #3 3. Reasonable suspicion, as opposed to probable cause, for students was determined Constitutional in: A) Buck v. Bell B) Potawatomie v. Earls C) U.S. v. Leon D) New Jersey v. T.L.O. Concept Review #4 4. Although not found directly in the Constitution, a persons right to privacy has been determined via A) The 14 th Amendment B) Roe v. Wade C) The 9 th Amendment D) Griswold v. Connecticut Chapter 5: Civil Rights Concept Review #1 1. Civil rights are: A) Basic rights, privileges and protections which belong in principle to every citizen of the U.S. B) Protections for the government C) Civil liberties that majority groups cannot deny to minority groups D) A and C are correct Concept Review #2 2. De facto and de jure segregation can best be explained as: A) By custom, by law B) By law, by custom C) By force, by self-imposition D) By self-imposition, by force Concept Review #3 3. The 1964 Civil Rights Act: A) Withheld federal funds from discriminatory states B) Allowed the Justice Department to bring suit against organizations that were not compliant C) Created an Equal Opportunity Commission D) All the above are correct Concept Review #4 4. Other minority groups that have been given legal protections have generally received that protection via the incorporation of the: A) 13 th Amendment B) 14 th Amendment C) 14 th and 9 th Amendment D) 15 th and 10 th Amendment Concept Review #5 5. The rational basis review is based on three criteria, listed in order of importance: A) Race, gender, other B) Other, race gender C) Gender, other, race D) Gender, race, other 14