Unit 3 AP Gov AMSCO Terms

Bill of Rights (1791)

The first ten amendments to the Constitution that protect individual freedoms from government power

civil liberties

Basic freedoms guaranteed by the Constitution that limit government action

public interest

The well-being and concerns of the general public

Engel v. Vitale (1962)

A case where the Court ruled that school

establishment clause

The part of the First Amendment that prevents the government from establishing a religion

free exercise clause

The part of the First Amendment that protects the right to practice religion freely

Lemon v. Kurtzman (1971)

A case that created the Lemon test to determine if a law violates the Establishment Clause

wall of separation

The idea that government and religion should be kept separate

Wisconsin v. Yoder (1972)

A case where the Court ruled that Amish families could keep children out of school past the eighth grade for religious reasons

clear and present danger

A standard that allows the government to limit speech if it creates a serious and immediate threat

Miller v. California (1973)

A case that created a test to determine whether speech is obscene and not protected by the First Amendment

obscene speech

Speech or material that is offensive and not protected by the First Amendment

Schenck v. United States (1919)

A case where the Court ruled that speech can be limited if it poses a clear and present danger

symbolic speech

Nonverbal actions used to express ideas that are protected by the First Amendment

Tinker v. Des Moines Independent Community School District (1969)

A case where the Court ruled that students have free speech rights at school as long as their actions do not cause substantial disruption

“breathing space”

The idea that free speech needs room for error to be fully protected

libel

A false written statement that damages a person’s reputation

malicious intent

Knowing a statement is false or acting with reckless disregard for the truth

Near v. Minnesota (1931)

A case where the Court ruled that prior restraint on publication is unconstitutional

New York Times Co. v United States (1971)

A case where the Court ruled the government could not stop publication of the Pentagon Papers

New York Times Co. v Sullivan (1964)

A case that ruled public officials must prove actual malice to win libel cases

prior restraint

Government action that prevents speech or publication before it happens

Brady Handgun Violence Prevention Act (1993)

A law that requires background checks and waiting periods for handgun purchases

District of Columbia v. Heller (2008)

A case where the Court ruled that individuals have the right to own firearms for personal use like self

Gun Control Act (1968)

A law that regulates the sale and possession of firearms, including restricting certain groups from owning guns

National Firearms Act (1934)

A law that regulates certain weapons like machine guns and requires registration and taxes

Second Amendment (1791)

An amendment that protects the right to keep and bear arms

Eighth Amendment (1791)

An amendment that protects against cruel and unusual punishment and excessive fines

Fourth Amendment (1791)

An amendment that protects against unreasonable searches and seizures

metadata

Information about data such as time, location, and communication details

writs of assistance

General search warrants that allowed officials to search property without specific cause

due process

The requirement that the government must follow fair procedures before depriving a person of life, liberty, or property

Fourteenth Amendment (1868)

An amendment that guarantees equal protection and due process under the law

just compensation clause

The requirement that the government must pay a fair price when taking private property for public use

McDonald v. Chicago (2010)

A case where the Court ruled that the Second Amendment applies to the states through the Fourteenth Amendment

selective incorporation

The process of applying rights from the Bill of Rights to the states through the Fourteenth Amendment

New Jersey v. TLO (1985)

A case where the Court ruled that school officials can search students with reasonable suspicion instead of probable cause

public safety exception

A rule that allows police to question a suspect without reading Miranda rights if public safety is at risk

USA FREEDOM Act (2015)

A law that limited government surveillance and ended bulk collection of phone metadata

exclusionary rule

A rule that prevents illegally obtained evidence from being used in court

Fifth Amendment (1791)

An amendment that protects against self-incrimination and guarantees due process

Gideon v. Wainwright (1963)

A case where the Court ruled that states must provide a lawyer to defendants who cannot afford one

Mapp v. Ohio (1961)

A case where the Court ruled that the exclusionary rule applies to the states

Miranda v. Arizona (1966)

A case where the Court ruled that suspects must be informed of their rights before questioning

procedural due process

The requirement that the government follow fair legal procedures

search and seizure

The act of law enforcement searching for and taking evidence

Sixth Amendment (1791)

An amendment that guarantees the right to a fair and speedy trial and a lawyer

Griswold v. Connecticut (1965)

A case where the Court ruled that the Constitution protects a right to privacy, including the use of contraception

Hyde Amendment (1976)

A law that bans the use of federal funds for most abortions

right to privacy

The idea that people have a protected zone of personal decision

Roe v. Wade (1973)

A case where the Court ruled that the right to privacy includes a woman’s right to choose an abortion

substantive due process

The idea that due process protects certain fundamental rights from government interference

Defense of Marriage Act (1996)

A law that defined marriage as between a man and a woman for federal purposes

“don’t ask, don’t tell” (1994)

A policy that allowed gay people to serve in the military if they did not openly disclose their sexuality

Equal Pay Act (1963)

A law that requires men and women be paid equally for the same work

equal protection clause

The part of the Fourteenth Amendment that requires states to treat people equally under the law

Equal Rights Amendment (1972)

A proposed amendment to guarantee equal rights regardless of sex that was not ratified

Lawrence v. Texas (2003)

A case where the Court ruled that laws banning same-sex relationships violate the right to privacy

Nineteenth Amendment (1920)

An amendment that gave women the right to vote

Obergefell v. Hodges (2015)

A case where the Court ruled that same-sex marriage is a constitutional right

strict scrutiny

The highest level of court review where the government must show a strong reason for a law

Title IX (1972)

A law that bans sex discrimination in education programs receiving federal funding

King Jr., Martin Luther

A civil rights leader who promoted nonviolent protest to fight racial injustice

“Letter from a Birmingham Jail”

An essay arguing that people have a moral duty to disobey unjust laws

National Women’s Organization

A group that advocates for women’s rights and gender equality

Brown v. Board of Education (1954)

A case where the Court ruled that racial segregation in public schools is unconstitutional

Civil Rights of 1875

A law that banned racial discrimination in public places but was later struck down

Civil Rights Act of 1964

A law that banned discrimination based on race, color, religion, sex, or national origin

Civil Rights Cases (1883)

A case where the Court ruled that the federal government could not prevent discrimination by private individuals

grandfather clause

A law that allowed people to vote only if their ancestors had voted, used to exclude Black voters

Jim Crow laws

State laws that enforced racial segregation in the South

literacy test

A test used to restrict voting by requiring people to prove reading ability

majority-minority districts

Voting districts where a minority group makes up the majority of the population

Swann v. Charlotte-Mecklenburg (1970)

A case where the Court ruled that busing students was an acceptable way to desegregate schools

freedom-of-choice plans

Plans that allowed students to choose their schools but often failed to end segregation

Plessy v. Ferguson (1896)

A case where the Court ruled that racial segregation was constitutional under separate but equal

“separate but equal”

The idea that segregation is legal if facilities are equal, though they were often unequal

affirmative action

Policies that consider race or other factors to increase opportunities for historically disadvantaged groups

Regents of the University of California v. Bakke (1978)

A case where the Court ruled that racial quotas in admissions are unconstitutional, but race can be considered as one factor