AP U.S. Gov. & Politics - Unit 3

Study Guide Flashcards

Civil Liberties

Protections provided by the Constitution to protect individuals from government abuse of power

Liberties protect __________.

individuals

Civil rights protect __________.

groups (i.e. minorities)

Schenck v. United States

1919 - An example of liberties being limited; Jewish Communist ******* ******* spoke our against the draft during WWI, which got him prosecuted under the Espionage Act of 1917 (forbade obstructing the draft) because he presented “a clear and present danger” to the US; the US government can protect itself

1st Amendment

Protects the freedom of religion, assembly, press, petition, and speech (RAPPS)

2nd Amendment

Protects the right to bear arms

3rd Amendment

Prohibits the government from quartering troops in people’s homes without consent

4th Amendment

Prohibits the government from performing unreasonable searches and seizures without probable cause and a warrant; right to privacy

5th Amendment

Protects the right to due process; prevents self-incrimination; protects against double jeopardy

6th Amendment

Protects the right to a speedy and public trial by a jury of one’s peers in criminal cases; protects the right to counsel (an attorney)

7th Amendment

Protects the right to a trial by jury in civil cases (civil suit of common law, meaning non-criminal lawsuits) where the value in dispute is above $20

8th Amendment

Prohibits the government from imposing cruel and unusual punishments, excessive fines, and excessive bail

9th Amendment

Protects the right to non-enumerated rights (that were not mentioned in the previous 8 amendments or elsewhere in the Constitution)

10th Amendment

Protects the right to reserved powers (powers not explicitly given to the federal government and not forbidden to the states)

Due Process Clause

Via the 14th Amendment, it states “nor shall any State deprive any person of life, liberty, or property, without due process of law” (Extra: How is it different from the same clause via the 5th Amendment?)

Equal Protection Clause

Via the 14th Amendment, it states that states can’t “deny to any person within its jurisdiction the equal protection of the laws”

Selective Incorporation

Via the 14th Amendment and court cases, rights considered fundamental (i.e. most provisions of the Bill of Rights) apply to state governments

Freedom of Expression

The right to free speech, press, assembly, and petition

Freedom of Religion

The right to free exercise of religion and ensures no establishment law

Prior Restraint

Censorship of an act

Slander

The act of falsely defaming one’s character through speech (oral)

Libel

The act of falsely defaming one’s character through writing

Obscenity

Although difficult to define, it’s not protected by the 1st Amendment

Imminent Danger

An action that incites an unlawful act, which may be punishable

Symbolic Speech

An action that conveys a political message; some of them are protected, but others are not

Free Exercise Clause

Protects the right to free practice of religion as long as it doesn’t violate any other law (i.e. people can participate in any religious ceremony or tradition that presents no harm)

Establishment Clause

Prohibits Congress from making any law that respects an establishment of religion; although vague, it was ruled to mean a Wall of Separation

Wall of Separation

A metaphor, established by Thomas Jefferson, emphasizing the separation of church and state; ensures court rulings that the government can’t involve itself with religion

Exclusionary Rule

Prohibits the use of improperly gathered evidence (illegally obtained) to be introduced in a court of law

Miranda v. Arizona

1996 - An expansion of preventing self-incrimination through torture/threat tactics; Being violated of his 4th and 5th amendment rights, ******* ******* had his conviction overturned by the Supreme Court; Altered how police must conduct interrogations and confessions

Good-Faith Exception

Rules that evidence is admissible if an error that is deemed minor (inconsequential) was made (e.g. even if an officer made a minor typo on a warrant, the evidence is not ruled out)

Public Safety Exception

Rules that police are allowed to question a non-Mirandized suspect if there is an urgent concern for public safety (e.g. a suspected bomb or a riot is about to happen)

Inevitable Discovery

Rules that police are allowed to use evidence if it would have been eventually discovered under a normal search

The September 11, 2001 attacks resulted in the __________.

USA Patriot Act

USA Patriot Act

Enhanced government powers to investigate terrorism (more specifically; 1) it allows for tapping of the telephone, internet, and voicemail (with court order); 2) it allows agencies to share secret Grand Jury findings; 3) immigrants can be held for 7 days before charges are officially filed, but if charges are NOT, they can still be held if deemed a risk; 4) it enhanced the ability to track money and finances (i.e. money laundering); and 5) it altered terror-based crime laws