Unit 3 Key Terms

AP Government, Cupertino High School

civil liberties

civil liberties

Basic rights for every American

civil rights

the rights of all citizens to be treated equally no matter race, sex, etc.

Bill of Rights

First 10 amendments outlining rights of people that cannot be infringed upon by the government

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Well regulated militia + right to bear arms

3rd Amendment

No quartering troops

4th Amendment

Right to privacy (no unreasonable search and seizure)

5th Amendment

Rights of citizens in criminal proceedings

6th Amendment

Right to a fair and speedy trial (right to attorney)

7th Amendment

Right to trial by jury

8th Amendment

No excessive bails/fines, no cruel & unusual punishment

9th Amendment

Citizens entitled to rights not listed in the Constitution

10th Amendment

Any rights not given to federal government are given to the states and people.

Due Process

Following established legal procedures to honor citizen's rights

incorporation doctrine

Concept of how bill of rights applies to states (through due process clause of 14th amendment)

selective incorporation

specific court cases that apply Bill of Rights to states

Establishment Clause

Bans congress from establishing or interfering with the establishment of religious group

Free exercise clause

First Amendment requirement that law cannot prevent free exercise of religion

Lemon Test

A three-part test created by SCOTUS for examining the constitutionality of religious establishment issues (Secular legislative purpose, no effect on religion, maintains wall of separation)

Clear and Present Danger

government can interfere with speech that is an immediate threat without violating 1st amendment.

prior restraint

government censorship of information before it is published

symbolic speech

nonverbal communication, such as burning a flag or wearing an armband. Mostly protected by SCOTUS

hate speech

words that attack groups such as racial, ethnic, religious, and sexual minorities

slander

spoken defamation

libel

written defamation

fighting words

speech intended to incite violence

writ of habeas corpus

Court order that requires explanation of charges for people held by the government

ex post facto law

law that makes an act punishable as a crime even if the action was legal at the time it was committed

bill of attainder

a law declaring an act illegal without a judicial trial (big no-no)

exclusionary rule

illegally gathered evidence may not be introduced in a criminal trial

13th Amendment

abolish slavery

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws! Important

15th Amendment

Citizens cannot be denied the right to vote because of race, color , or previous condition of servitude

19th Amendment

Gave women the right to vote

Equal Protection Clause

Part of 14th Amendment, states must give equal treatment of all people.

Civil Rights Cases (1883)

Allowed racial discrimination from private entities - failed to protect civil rights

NAACP

National Association for the Advancement of Colored People - civil rights organization

de jure discrimination

racial discrimination arising from or supported by the law

de facto discrimination

discrimination that is the result not of law but rather of tradition and habit

NOW

National Organization for Women - Fought for women's rights

Equal Rights Amendment

constitutional amendment that would have banned discrimination on the basis of gender - never got ratified.

Strict Scrutiny

A heightened standard of review used by the SCOTUS when justifying unequal treatment

Equal Pay Act of 1963

Requires that men and women be paid the same amount for doing the same job

Title IX

No gender discrimination in public schools

Affirmative Action

A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities