AP Government Chapters 4-5

Four part test (free speech zone)

Four part test (free speech zone)

1. Vulgar

2. Lewd (offensive sexually)

3. Indecent

4. Plainly offensive/promoting illegal activities or products for minors

Civil Liberties

the Constitutional and other legal protections against government action

Bill of Rights

first 10 Amendments of the U.S. Constitution

passed by congress under the “new” Constitution, ratified by states in 1791

Incorporation Doctrine

the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions apply to the state governments through the 14th Amendment

Privileges and Immunities Clause

protects citizens of other states from “abuse” by the government of another state

Equal Protection Clause

all citizens should be protected equally under the law

*used to fight discrimination in the 20/21st century

Due Process Clause

citizens cant be denied life, liberty, or property without due process at the state or federal level.

Establishment Clause

part of the 1st Amendment stating “Congress shall make no law respecting an establishment of religion.”

1984 Equal Access Act

all schools that get public money and let their students use their facilities for group meetings have to allow student groups that want to meet for religious purposes meet.

Free Exercise Clause

15th Amendment provision prohibits government from interfering with the practice of religion

Prior Restraint

Government actions that prevent material from being published

Libel

a publication of fake and malicious statements that may damage someone’s reputation

Symbolic Speech

Nonverbal communication, such as burning a flag or wearing an armband. The supreme court has accorded that this is protected under the first amendment.

Commercial Speech

Communication in the form of advertising, which can be restricted more than many other types of speech.

Probable Clause

Reasonable grounds for believing that a person is guilty of a crime. In order for the police to make a lawful arrest, they must have a probable cause.

Unreasonable Searches/Seizures

Obtaining evidence in an unlawful manner, a practice prohibited by the fourth amendment. The police must have a probable cause and/or a search warrant to search or seize anyone/ anything.

Search Warrant

a written authorization from a court specifying the area to be searched and what they are searching for

Exclusionary Rule

The rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional manner. The rule prohibits use of evidence obtained through unreasonable search/seizure.

Self-incrimination

being a witness against oneself

fifth amendment prohibits involuntary…

Plea Bargaining

A bargain struck between a defendants lawyer and a prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state’s promise not to prosecute the defendant for a more serious crime or for additional crimes.

Cruel and Unusual Punishment

court sentences prohibited by the eighth amendment

Right to Privacy

the right to private personal life without the intrusion of government

Civil Rights

policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals

Equal protection of the Laws

part of the fourteenth amendment emphasizing that the laws must provide equivalent “protection” to all people

Poll Taxes

Small taxes levied on the right to vote. These were often used in southern states to exclude African Americans from voting.

Voting Rights Act of 1965

A law designed to help end formal and informal barriers to African American suffrage. Under the law, hundreds of thousands of African Americans registered to vote, and the number of African American elected officials increased dramatically.

Equal Rights Amendment

A constitutional amendment originally introduced in Congress in 1923 and passed by Congress in 1972, stating that the “equality of all rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”

Americans with Disabilities Act of 1990

a law passed in 1990 that requires employers and public facilities to make “reasonable accommodations” to people with disabilities and prohibits discrimination against these individuals in employment.”

Affirmative Action

a policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group

De jure

(“by law”) segregation

De facto

(“in reality”) segregation

Civil Rights Act of 1964

Made racial discrimination illegal in hotels, motels, restaurants, and other places of public accommodation

Forbade discrimination in employment on the basis of race, color, national origin, religion, or gender

Created the Equal Employment Opportunity Commission (EEOC) to monitor and enforce protections against job discrimination

Provided for withholding federal grants from state and local governments and other institutions that practiced racial discrimination.