AP Government Key Terms

bill of attainder

bill of attainder

an act of a legislature declaring a person or group of person guilty of some crime and punishing them without a trial

civil liberties

protect individuals from government actions

civil rights

protect groups against discrimination

civil rights act of 1964

made racial discrimination against any group in hotels, motels, and restaurants illegal, and forbade many forms of job discrimination

clear and present danger doctrine

judicial interpretation of the 1st amendment that government may not ban speech unless such speech poses an imminent threat to society… “fire in a crowded theater” analogy used by the Court

De facto segregation

segregation “by fact”; segregation resulting from factors such as housing patterns rather than law

De jure segregation

segregation by law; segregation that is required by government such as during the Jim Crow Era

double jeopardy

being prosecuted twice for the same offense. banned by the 5th amendment

due process clause

prohibits the national government (5th amendment) and states (14th amendment) from denying life, liberty, or property without due process of law

eminent domain

the right of the government to take private property for the public good. Fair compensation must be paid to the owner of such property

equal protection clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

equal rights amendment

a constitutional amendment stating that “equality of rights under the law shall not be denied… on account of sex.” Despite public support, the amendment failed to acquire the necessary support from ¾ of state legislatures

establishment clause

provision of the 1st amendment that prohibits Congress from establishing an official state religion. This is the basis for separation of church and state

free exercise clause

provision of the 1st amendment stating that Congress may not prohibit the free exercise of religion

grandfather clause

southern laws that excluded blacks from exercising the right to vote (suffrage) by restricting the right to vote only to those whose grandfathers had voted before 1865

Jim Crow laws

southern laws that required racial segregation in places of public accommodation

literacy test

southern method of excluding blacks from voting (suffrage) by requiring that voters prove ability to read and write

poll tax

southern method of excluding blacks from voting (suffrage) by requiring payment of a tax prior to voting

prior restraint

when a court stops expression before it is made; ex: prohibiting publication of a newspaper article critical of the current presidential administration. Determined to be unconstitutional except when threatening national security

selective incorporation

applying the Bill of Rights to the states on a case by case basis via the Due Process Clause of the 14th amendment

separate but equal doctrine

supreme court doctrine established in the case of Plessy v. Ferguson that allowed state-required racial segregation in places of public accommodation as long as the facilities were equal

symbolic speech

an action that consists of no writing or speaking, but still expresses an opinion. Examples are marching in a parade, burning a flag, or burning a draft card.

Title IX

this law prohibits gender discrimination in educational activities at any institution receiving federal funds. Most commonly known for its effect on athletics, but it prohibits all types of gender discrimination in education

wall of separation doctrine

an interpretation of the Establishment Clause embraced by the supreme court that allows no government involvement with religions

writ of habeas corpus

court order that the authorities show cause for why they are holding a prisoner in custody. Deters unlawful imprisonment.

probable cause

a reasonable amount of suspicion that a crime has been committed

warrant

states the place to be searched and the persons or things to be seized

ACLU

American Civil Liberties Union

NAACP

National Association for the Advancement of Colored People; promotes equal rights for African Americans

slander

spoken false speech with the intent to harm a person

libel

written false speech with the intent to harm a person

seditious libel

a charge that resulted in fines and or jail time for anyone who criticized public officials or government policies

procedural due process

the manner in which the law is carried out

substantive due process

addresses the essence of a law - does the point of the law violate a basic right to life, liberty, or property

exclusionary rule

evidence the government finds or takes in violation of the 4th amendment can be excluded from a trial

affirmative action

the label placed on institutional efforts to diversify by race, gender, or otherwise