1.2 Bill of Rights

Achievable AP US Government

1. Civil Liberties and Civil Rights

Our AP United States Government and Politics course is currently in development and is a work-in-progress.

Bill of Rights

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The Bill of Rights guarantees individual rights that protect people from the national government. Anti-federalists insisted that there would be a Bill of Rights, and it was finally ratified in 1791.

First Amendment

The First Amendment protects several distinct freedoms — speech, religion, the press, and assembly — each shaped by its own body of case law, discussed individually below.

Freedom of speech

Congress may not pass a law infringing on freedom of speech.
Symbolic speech is an example of protected speech — communicating a message without actually saying it, such as flag burning or wearing shirts with political messages.
Courts use the content-neutral test for symbolic speech cases: for the government to restrict symbolic speech, the restriction must serve a compelling governmental interest (such as preventing disruption to school learning) and be narrowly tailored to serve that interest (narrow in scope).

Freedom of religion

Establishment clause

The government may not establish or endorse a religion.
This is often referred to as the separation of church and state.

Free exercise

The government may not restrict people’s right to practice their own religion.

Freedom of the press

The government may not restrict the freedom of the press.
The government can ban or restrict the publication of an article before it is published only if the publication could lead to imminent danger — this is known as prior restraint.

Freedom of assembly

The government can’t interfere with citizens’ right to assemble.
The time, manner, and place of assembly can be regulated by the government.
Citizens have the freedom to petition the government.

Second Amendment

The right to bear arms.
The Supreme Court in DC v. Heller ruled that the Second Amendment means people have an individual right to bear arms.

Third Amendment

No quartering of soldiers — the government may not force people to house and feed soldiers.
This amendment was a response to the British colonial military forcing colonists to feed and house them.

Fourth Amendment

The right of people to be safe in their homes from searches or seizures unless there is probable cause.

No unreasonable search and seizure

Only covers governmental action.
A “search” is when the government looks into something that is one’s property in a way that can be considered a violation of privacy — for example, a home, a phone, the trunk of a car, or a purse.

Probable cause

Police need reasonable suspicion that a crime has been committed, and must use that evidence to obtain a search warrant.

Exceptions to a warrant

Exigent circumstance: an emergency, such as a 911 call.
Search incident to arrest: when a person is being legally arrested, the area around them can be searched without a warrant.
Voluntary consent: if a person permits the police to search.
Stop and frisk: when a person acts suspiciously, the police have the right to stop them and pat them down.
Plain sight: if the evidence is visible to the police, no search warrant is needed.
Automobile exception: cars are movable objects, and there is less expectation of privacy in cars than in homes; reasonable suspicion is needed to search the trunk.

In loco parentis

In loco parentis means “in place of parents” — the idea that school staff, during school hours, can take the place of parents to some extent.

Exclusionary rule

If the government obtains evidence illegally, it cannot be used in court.
The exclusionary rule could protect criminals, but it provides another check on police and helps ensure people’s rights are protected.

Fifth Amendment

No double jeopardy.
Right to a grand jury.
Right against self-incrimination.
Eminent domain: property must be needed for a public good, and the government must provide fair compensation.
Right to due process.

Sixth Amendment

Right to an attorney.
Right to a public and speedy trial.
Right to an impartial jury.
Right for a defendant to face their accuser in court.

Seventh Amendment

Right to a jury trial in civil cases in federal court in cases over $20.

Eighth Amendment

Protection from cruel and unusual punishment.
Protection from excessive fines and bail.

Ninth Amendment

Unenumerated rights: people have other rights not necessarily written in the Constitution.

Tenth Amendment

Reserved powers: any powers not explicitly given to the national government or prohibited to the states are reserved for the states.

Definitions

Bill of Rights: The first 10 Amendments to the Constitution.
Content-neutral test: Restrictions on symbolic speech must serve a compelling governmental interest and be narrowly tailored.
Double jeopardy: No one may be tried for the same crime twice.
Due process: The government must follow fair procedures.
Eminent domain: The government may only take property for the public good with fair compensation.
Establishment Clause: The government may not establish or endorse religion.
Exclusionary rule: Illegally obtained evidence may not be used in court.
Exigent circumstance: Emergencies allow search without a warrant.
Free Exercise Clause: People may practice their religion freely.
Grand jury: A group deciding whether to formally accuse someone of a crime.
In loco parentis: Schools act as parents during school hours.
Prior restraint: The government’s ability to stop publication before release.
Probable cause: Reasonable suspicion for arrest or search.
Reserved powers: Powers not given to the national government are reserved to the states.
Stop and frisk: Police may pat someone down if suspicious.
Symbolic speech: Expressing ideas without words.
Unenumerated rights: Rights not listed but still protected.

Next | 2.1 Voting and Political Participation

Bill of Rights

First Amendment

The First Amendment protects several distinct freedoms — speech, religion, the press, and assembly — each shaped by its own body of case law, discussed individually below.

Freedom of speech

Congress may not pass a law infringing on freedom of speech.
Symbolic speech is an example of protected speech — communicating a message without actually saying it, such as flag burning or wearing shirts with political messages.
Courts use the content-neutral test for symbolic speech cases: for the government to restrict symbolic speech, the restriction must serve a compelling governmental interest (such as preventing disruption to school learning) and be narrowly tailored to serve that interest (narrow in scope).

Freedom of religion

Establishment clause

The government may not establish or endorse a religion.
This is often referred to as the separation of church and state.

Free exercise

The government may not restrict people’s right to practice their own religion.

Freedom of the press

The government may not restrict the freedom of the press.
The government can ban or restrict the publication of an article before it is published only if the publication could lead to imminent danger — this is known as prior restraint.

Freedom of assembly

The government can’t interfere with citizens’ right to assemble.
The time, manner, and place of assembly can be regulated by the government.
Citizens have the freedom to petition the government.

Second Amendment

The right to bear arms.
The Supreme Court in DC v. Heller ruled that the Second Amendment means people have an individual right to bear arms.

Third Amendment

No quartering of soldiers — the government may not force people to house and feed soldiers.
This amendment was a response to the British colonial military forcing colonists to feed and house them.

Fourth Amendment

The right of people to be safe in their homes from searches or seizures unless there is probable cause.

No unreasonable search and seizure

Only covers governmental action.
A “search” is when the government looks into something that is one’s property in a way that can be considered a violation of privacy — for example, a home, a phone, the trunk of a car, or a purse.

Probable cause

Police need reasonable suspicion that a crime has been committed, and must use that evidence to obtain a search warrant.

Exceptions to a warrant

Exigent circumstance: an emergency, such as a 911 call.
Search incident to arrest: when a person is being legally arrested, the area around them can be searched without a warrant.
Voluntary consent: if a person permits the police to search.
Stop and frisk: when a person acts suspiciously, the police have the right to stop them and pat them down.
Plain sight: if the evidence is visible to the police, no search warrant is needed.
Automobile exception: cars are movable objects, and there is less expectation of privacy in cars than in homes; reasonable suspicion is needed to search the trunk.

In loco parentis

In loco parentis means “in place of parents” — the idea that school staff, during school hours, can take the place of parents to some extent.

Exclusionary rule

If the government obtains evidence illegally, it cannot be used in court.
The exclusionary rule could protect criminals, but it provides another check on police and helps ensure people’s rights are protected.

Fifth Amendment

No double jeopardy.
Right to a grand jury.
Right against self-incrimination.
Eminent domain: property must be needed for a public good, and the government must provide fair compensation.
Right to due process.

Sixth Amendment

Right to an attorney.
Right to a public and speedy trial.
Right to an impartial jury.
Right for a defendant to face their accuser in court.

Seventh Amendment

Right to a jury trial in civil cases in federal court in cases over $20.

Eighth Amendment

Protection from cruel and unusual punishment.
Protection from excessive fines and bail.

Ninth Amendment

Unenumerated rights: people have other rights not necessarily written in the Constitution.

Tenth Amendment

Reserved powers: any powers not explicitly given to the national government or prohibited to the states are reserved for the states.

Definitions

Bill of Rights: The first 10 Amendments to the Constitution.
Content-neutral test: Restrictions on symbolic speech must serve a compelling governmental interest and be narrowly tailored.
Double jeopardy: No one may be tried for the same crime twice.
Due process: The government must follow fair procedures.
Eminent domain: The government may only take property for the public good with fair compensation.
Establishment Clause: The government may not establish or endorse religion.
Exclusionary rule: Illegally obtained evidence may not be used in court.
Exigent circumstance: Emergencies allow search without a warrant.
Free Exercise Clause: People may practice their religion freely.
Grand jury: A group deciding whether to formally accuse someone of a crime.
In loco parentis: Schools act as parents during school hours.
Prior restraint: The government’s ability to stop publication before release.
Probable cause: Reasonable suspicion for arrest or search.
Reserved powers: Powers not given to the national government are reserved to the states.
Stop and frisk: Police may pat someone down if suspicious.
Symbolic speech: Expressing ideas without words.
Unenumerated rights: Rights not listed but still protected.

Achievable AP US Government

1. Civil Liberties and Civil Rights

Our AP United States Government and Politics course is currently in development and is a work-in-progress.

Bill of Rights

5 min read

Font

Discuss

Feedback

First Amendment

The First Amendment protects several distinct freedoms — speech, religion, the press, and assembly — each shaped by its own body of case law, discussed individually below.

Freedom of speech

Congress may not pass a law infringing on freedom of speech.
Symbolic speech is an example of protected speech — communicating a message without actually saying it, such as flag burning or wearing shirts with political messages.
Courts use the content-neutral test for symbolic speech cases: for the government to restrict symbolic speech, the restriction must serve a compelling governmental interest (such as preventing disruption to school learning) and be narrowly tailored to serve that interest (narrow in scope).

Freedom of religion

Establishment clause

The government may not establish or endorse a religion.
This is often referred to as the separation of church and state.

Free exercise

The government may not restrict people’s right to practice their own religion.

Freedom of the press

The government may not restrict the freedom of the press.
The government can ban or restrict the publication of an article before it is published only if the publication could lead to imminent danger — this is known as prior restraint.

Freedom of assembly

The government can’t interfere with citizens’ right to assemble.
The time, manner, and place of assembly can be regulated by the government.
Citizens have the freedom to petition the government.

Second Amendment

The right to bear arms.
The Supreme Court in DC v. Heller ruled that the Second Amendment means people have an individual right to bear arms.

Third Amendment

No quartering of soldiers — the government may not force people to house and feed soldiers.
This amendment was a response to the British colonial military forcing colonists to feed and house them.

Fourth Amendment

The right of people to be safe in their homes from searches or seizures unless there is probable cause.

No unreasonable search and seizure

Only covers governmental action.
A “search” is when the government looks into something that is one’s property in a way that can be considered a violation of privacy — for example, a home, a phone, the trunk of a car, or a purse.

Probable cause

Police need reasonable suspicion that a crime has been committed, and must use that evidence to obtain a search warrant.

Exceptions to a warrant

Exigent circumstance: an emergency, such as a 911 call.
Search incident to arrest: when a person is being legally arrested, the area around them can be searched without a warrant.
Voluntary consent: if a person permits the police to search.
Stop and frisk: when a person acts suspiciously, the police have the right to stop them and pat them down.
Plain sight: if the evidence is visible to the police, no search warrant is needed.
Automobile exception: cars are movable objects, and there is less expectation of privacy in cars than in homes; reasonable suspicion is needed to search the trunk.

In loco parentis

In loco parentis means “in place of parents” — the idea that school staff, during school hours, can take the place of parents to some extent.

Exclusionary rule

If the government obtains evidence illegally, it cannot be used in court.
The exclusionary rule could protect criminals, but it provides another check on police and helps ensure people’s rights are protected.

Fifth Amendment

No double jeopardy.
Right to a grand jury.
Right against self-incrimination.
Eminent domain: property must be needed for a public good, and the government must provide fair compensation.
Right to due process.

Sixth Amendment

Right to an attorney.
Right to a public and speedy trial.
Right to an impartial jury.
Right for a defendant to face their accuser in court.

Seventh Amendment

Right to a jury trial in civil cases in federal court in cases over $20.

Eighth Amendment

Protection from cruel and unusual punishment.
Protection from excessive fines and bail.

Ninth Amendment

Unenumerated rights: people have other rights not necessarily written in the Constitution.

Tenth Amendment

Reserved powers: any powers not explicitly given to the national government or prohibited to the states are reserved for the states.

Definitions

Bill of Rights: The first 10 Amendments to the Constitution.
Content-neutral test: Restrictions on symbolic speech must serve a compelling governmental interest and be narrowly tailored.
Double jeopardy: No one may be tried for the same crime twice.
Due process: The government must follow fair procedures.
Eminent domain: The government may only take property for the public good with fair compensation.
Establishment Clause: The government may not establish or endorse religion.
Exclusionary rule: Illegally obtained evidence may not be used in court.
Exigent circumstance: Emergencies allow search without a warrant.
Free Exercise Clause: People may practice their religion freely.
Grand jury: A group deciding whether to formally accuse someone of a crime.
In loco parentis: Schools act as parents during school hours.
Prior restraint: The government’s ability to stop publication before release.
Probable cause: Reasonable suspicion for arrest or search.
Reserved powers: Powers not given to the national government are reserved to the states.
Stop and frisk: Police may pat someone down if suspicious.
Symbolic speech: Expressing ideas without words.
Unenumerated rights: Rights not listed but still protected.

Next | 2.1 Voting and Political Participation

Bill of Rights

First Amendment

The First Amendment protects several distinct freedoms — speech, religion, the press, and assembly — each shaped by its own body of case law, discussed individually below.

Freedom of speech

Congress may not pass a law infringing on freedom of speech.
Symbolic speech is an example of protected speech — communicating a message without actually saying it, such as flag burning or wearing shirts with political messages.
Courts use the content-neutral test for symbolic speech cases: for the government to restrict symbolic speech, the restriction must serve a compelling governmental interest (such as preventing disruption to school learning) and be narrowly tailored to serve that interest (narrow in scope).

Freedom of religion

Establishment clause

The government may not establish or endorse a religion.
This is often referred to as the separation of church and state.

Free exercise

The government may not restrict people’s right to practice their own religion.

Freedom of the press

The government may not restrict the freedom of the press.
The government can ban or restrict the publication of an article before it is published only if the publication could lead to imminent danger — this is known as prior restraint.

Freedom of assembly

The government can’t interfere with citizens’ right to assemble.
The time, manner, and place of assembly can be regulated by the government.
Citizens have the freedom to petition the government.

Second Amendment

The right to bear arms.
The Supreme Court in DC v. Heller ruled that the Second Amendment means people have an individual right to bear arms.

Third Amendment

No quartering of soldiers — the government may not force people to house and feed soldiers.
This amendment was a response to the British colonial military forcing colonists to feed and house them.

Fourth Amendment

The right of people to be safe in their homes from searches or seizures unless there is probable cause.

No unreasonable search and seizure

Only covers governmental action.
A “search” is when the government looks into something that is one’s property in a way that can be considered a violation of privacy — for example, a home, a phone, the trunk of a car, or a purse.

Probable cause

Police need reasonable suspicion that a crime has been committed, and must use that evidence to obtain a search warrant.

Exceptions to a warrant

Exigent circumstance: an emergency, such as a 911 call.
Search incident to arrest: when a person is being legally arrested, the area around them can be searched without a warrant.
Voluntary consent: if a person permits the police to search.
Stop and frisk: when a person acts suspiciously, the police have the right to stop them and pat them down.
Plain sight: if the evidence is visible to the police, no search warrant is needed.
Automobile exception: cars are movable objects, and there is less expectation of privacy in cars than in homes; reasonable suspicion is needed to search the trunk.

In loco parentis

In loco parentis means “in place of parents” — the idea that school staff, during school hours, can take the place of parents to some extent.

Exclusionary rule

If the government obtains evidence illegally, it cannot be used in court.
The exclusionary rule could protect criminals, but it provides another check on police and helps ensure people’s rights are protected.

Fifth Amendment

No double jeopardy.
Right to a grand jury.
Right against self-incrimination.
Eminent domain: property must be needed for a public good, and the government must provide fair compensation.
Right to due process.

Sixth Amendment

Right to an attorney.
Right to a public and speedy trial.
Right to an impartial jury.
Right for a defendant to face their accuser in court.

Seventh Amendment

Right to a jury trial in civil cases in federal court in cases over $20.

Eighth Amendment

Protection from cruel and unusual punishment.
Protection from excessive fines and bail.

Ninth Amendment

Unenumerated rights: people have other rights not necessarily written in the Constitution.

Tenth Amendment

Reserved powers: any powers not explicitly given to the national government or prohibited to the states are reserved for the states.

Definitions

Bill of Rights: The first 10 Amendments to the Constitution.
Content-neutral test: Restrictions on symbolic speech must serve a compelling governmental interest and be narrowly tailored.
Double jeopardy: No one may be tried for the same crime twice.
Due process: The government must follow fair procedures.
Eminent domain: The government may only take property for the public good with fair compensation.
Establishment Clause: The government may not establish or endorse religion.
Exclusionary rule: Illegally obtained evidence may not be used in court.
Exigent circumstance: Emergencies allow search without a warrant.
Free Exercise Clause: People may practice their religion freely.
Grand jury: A group deciding whether to formally accuse someone of a crime.
In loco parentis: Schools act as parents during school hours.
Prior restraint: The government’s ability to stop publication before release.
Probable cause: Reasonable suspicion for arrest or search.
Reserved powers: Powers not given to the national government are reserved to the states.
Stop and frisk: Police may pat someone down if suspicious.
Symbolic speech: Expressing ideas without words.
Unenumerated rights: Rights not listed but still protected.