AP Government Unit 4 Vocab

Art. 3, Section 1

Federal judges have life terms unless they commit an impeachable offense

Art. 3, Section 2

SCOTUS is an appellate court except in some cases

Art. 3, Section 3

Treason defendants have the right to a jury

Federalist 78

Argues that there should be a Supreme Court because it is needed to interpret the constitution and to keep the other two branches in check

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they do not have the power of the purse or the sword

Certiorari

“to make more certain”; someone asks the court to look over a case again (appeal)

Petitioner

person who appeals a case

Respondent

Person defending the outcome of a previous case

Binding Precendent

All lower courts must listen to the precedent established by the most superior court body

Persuasive precedent

The use of previous precedent to help determine how to decide in a case/ establish a new precedent

Stare Decisis

“let the decision stand”

courts should follow the past interpretation of the law

Judicial Activism

the court changes a lot of precedent; typically see the Constitution as a living and flexible document

Judicial Self-Restraint

when judges decide based on preserving the past precedent; typically see Constitution as a rigid and unchanging document

Litmus Test

How the public determines a judge’s ideologies based on past decisions

Senatorial Courtesy

When the president listens to the Senate when deciding who to nominate for judge positions

Schenck v. US

1st amendment, freedom of speech

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Speech that promotes violence or makes someone unsafe is not protected

Tinker v. Des Moines

1st amendment, freedom of speech

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Students are allowed to participate in political speech so long as it does not disrupt the class; you cannot stop speech because you think it may be disruptive

New York Times v. US

1st amendment, free speech

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The government cannot censor journalists because they think it may cause a threat to national security/ public safety

Enel v. Vitale

1st amendment, establishment clause

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Public schools are not allowed to sponsor religious activities or establish religious traditions in class (e.g. daily morning prayer)

Wisconsin v. Yoder

1st amendment, free exercise clause

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Rules and laws can be broken in order to allow people to practice their religion (within reason)

McDonald v. Chicago

2nd amendment

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All citizens have the right to purchase/ own firearms

Gideon v. Wainwright

6th amendment

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Criminal defendants must be given access to a lawyer

Roe v. Wade

Zones of privacy (1st, 3rd, 4th, 5th, & 9th amendments)

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Citizens have the right to privacy and that includes a women’s right to obtain an abortion

Selective Incorporation

the process of applying the Bill of Rights, liberty by liberty, to the states through the 14th amendment

Compelling governmental interest

there is a very strong reason for the government to infringe on a person’s liberties

Prior Restraint

the government cannot stop speech because they think it may be harmful

Clear & Present Danger

Someone’s use of their speech puts others at risk/ lead to the spread of harmful actions/ ideology

Symbolic Speech

when someone’s actions have political meaning; cannot be used to justify violence/ law breaking

Obscene Speech

Speech that is determined to be offensive or vulgar; court has not created an official definition

Defamation

when someone prints or shares something false with the intent to damage another person’s reputation (not protected)

1st Amendment, Establishment Clause

government or governing body cannot create a national religion

1st Amendment, Free exercise clause

People have the freedom to practice their religion however they want (as long as it does not hurt anyone else/ within reason)

Lemon Test

Test created by SCOTUS to see if any government actions break the establishment clause

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1) non-religious purpose 2) cannot change the conditions of anyone’s religion 3) does not create a relationship between a religious institution and the government

Procedural due process

How the law is carried out

Substantiate due process

whether or not the law itself violates somebody’s rights

Civil Rights

the rights of entire groups of people

14th Amendment

All citizens of the US should be protected under the same rights across all states, everyone is given due process, and there is equal protection under the law

Separate but equal

Plessy v. Ferguson decision that said people could discriminate so long as the facilities were equal in quality or function

Strict Scrutiny

type of judicial review used in cases regarding discrimination

Don’t Ask, Don’t Tell

Legislation passed by Clinton that did not allow the military to look into a person’s sexuality and did not allow service people to disclose their sexuality

Defense of Marriage Act (DOMA)

Says that states did not have to protect non-traditional (heterosexual) marriages

Obergefell v. Hodges

SCOTUS rules that it is unconstitutional for states to discriminate against LGBTQ+ relationships and marriages