[AP Gov Pol US] Unit 3 Vocabulary

civil liberties

rights spelled out in a Bill of Rights or the Constitution that guarantee the protection of a person, expression, and property from arbitrary interference of government officials.

civil rights

positive acts of the government designed to protect persons against arbitrary or discriminatory treatment by government of individuals.

landmark Supreme Court cases

establish precedent and change the interpretation of the law / establish new case law on a particular issue

Bill of Rights

designed to protect individual liberties and rights; not originally designed to be applied to the states

14th amendment

birthright citizenship

equal protection clause: mandates state governments to treat all people within their jurisdiction with "the equal protection of the laws"

due process clause: no State shall deprive any person of life, liberty, or property, without due process of law

citizenship

by blood or by land

jus sanguinis (Latin: right of blood)

jus soli (Latin: right of soil)

due process

substantive: the constitution protects the public from unwarranted government intrusion which infringes on fundamental rights (enumerated rights)

procedural: requires government to enforce its policies in a way that ensures fair treatment under the rules

property rights

contract clause: designed to prevent states from extending the period during which debtors could meet their payments or otherwise get out of contractual obligations

police power: the states protect the public health, safety and wellbeing of the residents

eminent domain: the power to take property for public use (5th Amendment)

incorporation of the Bill of Rights

incorporation doctrine: the general concept of applying the Bill of Rights to state governments

selective incorporation: the process by which the U.S. Supreme Court has applied specific rights from the Bill of Rights to the states through the 14th Amendment's Due Process Clause (all except 3rd, 7th, & 10th)

First Amendment rights

freedoms of religion, speech, press, assembly, and petition

Establishment Clause

prohibits the government from establishing or supporting a religion (government-sponsored religion, financial support of a religion, involvement in religious matters)

Lemon Test

three-prong inquiry on government conduct

• government must have a secular purpose

• must have a principal or primary effect that does not advance or inhibit religion

•  cannot foster excessive government entanglement

endorsement test: the establishment clause forbids government practices that a reasonable observer would view as endorsing religion even if there is no coercion

non-preferential tests: the Constitution prohibits favoritism toward any particular religion but does not prohibit aid to all religions

strict separation: indirect aid should be prohibited

Free Exercise clause

no government has authority to compel us to accept any creed or to deny any right because of  beliefs or lack of them 

“wall of separation”

the principle of separation between church and state

Reynolds v. US (1878)

[not required]

Background: Reynolds (Mormon Church secretary) challenges federal anti-bigamy statute (marrying one person while still legally married to another)

Decision: established Secular Regulation Rule, stating that a person cannot be exempted on the basis of religious belief, if the law deals with a non-religious basis.

Oregon Employment Division v. Smith (1989)

[not required]

Background: two Native Americans ingested a hallucinogen (peyote) as part of their religious ceremonies while employed at a private drug rehabilitation program. They were fired and denied unemployment benefits because of “work-related misconduct.”

Decision: an individual’s religious beliefs do not excuse them from compliance with an otherwise valid law prohibiting conduct that the government is free to regulate

exclusionary rule

prevents illegally obtained evidence from being used in court.

applies to evidence collected in violation of a defendant's constitutional rights, such as those guaranteed by the Fourth, Fifth, and Sixth Amendments, and serves as a deterrent to unlawful police conduct.

reasonable suspicion

a reasonable belief that a crime may be afoot (low evidence standard, allows for detentions and frisks)

ex: an officer pulls a car over because the driver is weaving erratically, suggesting a possible traffic violation.

probable cause

a higher legal standard than reasonable suspicion; allows for arrests, searches, and issuance of warrants

ex: after pulling the car over, the officer smells alcohol, the driver's speech is slurred, and field sobriety tests are failed, providing probable cause for a DWI arrest.

Brown v. Board of Education (1954)

Background: African American students were denied admission to white public schools based on segregation laws allowing “separate but equal” facilities (from Plessy v. Ferguson).

Decision: The Court unanimously ruled that racial segregation in public schools violates the Equal Protection Clause of the 14th Amendment — declaring that “separate educational facilities are inherently unequal.”

Engel v. Vitale (1962)

Background: A New York school authorized a short, voluntary prayer at the start of each school day. Parents sued, claiming it violated the Constitution.

Decision: The Court held that government-directed prayer in public schools violates the Establishment Clause of the First Amendment, even if the prayer is nondenominational and voluntary.

Gideon v. Wainwright (1963)

Background: Gideon, charged with a felony, couldn’t afford an attorney and was denied one by the state court. He defended himself and was convicted.

Decision: The Court ruled that the 6th Amendment right to counsel applies to state courts through the 14th Amendment’s Due Process Clause. States must provide attorneys to defendants who can’t afford them.

McDonald v. Chicago (2010)

Background: Chicago’s handgun ban was challenged after District of Columbia v. Heller (2008), which recognized an individual’s right to bear arms under the Second Amendment.

Decision: The Court held that the Second Amendment right to keep and bear arms applies to the states through the 14th Amendment’s Due Process Clause.

New York Times Co. v. US (1971)

Background: The Nixon administration tried to stop the New York Times and Washington Post from publishing the classified “Pentagon Papers.”

Decision: The Court ruled that prior restraint (censorship before publication) violated the First Amendment’s freedom of the press — the government failed to prove publication would cause a direct, immediate harm.

Roe v. Wade (1973)

Background: “Jane Roe” challenged a Texas law banning most abortions, arguing it violated her right to privacy.

Decision: The Court held that the right to privacy, implied by the Due Process Clause of the 14th Amendment, protects a woman’s right to choose an abortion, though the state may regulate it in later stages of pregnancy.

Schenck v. US (1919)

Background: During WWI, Schenck distributed leaflets urging resistance to the draft. He was charged under the Espionage Act.

Decision: The Court upheld his conviction, establishing the “clear and present danger” test — speech can be limited if it poses a clear and imminent danger to national security or public order.

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

Background: Students were suspended for wearing black armbands to protest the Vietnam War.

Decision: The Court ruled that students do not lose their First Amendment rights at school unless their speech causes a substantial disruption. The suspensions violated freedom of speech.

Wisconsin v. Yoder (1972)

Background: Amish parents refused to send their children to school past 8th grade due to religious beliefs, violating Wisconsin’s compulsory education law.

Decision: The Court held that forcing Amish children to attend school beyond 8th grade violated the Free Exercise Clause of the First Amendment — religious freedom outweighed the state’s interest in compulsory education.

Miranda v. Arizona (1966)

[not required]

Background: Miranda confessed to the crimes after two hours of police interrogation. His confession was used against him at trial, leading to his conviction.

Decision: The Fifth Amendment requires that law enforcement officials advise suspects of their right to remain silent and to obtain an attorney during interrogations while in police custody (Miranda rights)

affirmative action

a set of policies and programs designed to proactively address discrimination by creating equal opportunity, primarily in education and employment.

Proposition 209 (California)

a state constitutional amendment that generally prohibits state and local government entities from using affirmative action

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin in public accommodations, education, federally funded programs, and employment

Civil Rights Act of 1968

prohibits discrimination in the sale, rental, and financing of housing + applied many guarantees of the Bill of Rights to Native American tribes (Indian Civil Rights Act)

Freedom of Information Act (FOIA)

requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. government upon request.

Voting Rights Act of 1965

prohibits racial discrimination in voting (outlawed literacy tests, poll taxes + established fed. oversight in areas w/ a history of voter discrimination)

Letter from a Birmingham Jail (Martin Luther King, Jr.)

calls for nonviolent direct action during the civil rights movement, critiques moderates and the white church, and argues that individuals have a moral responsibility to disobey unjust laws

Plyler v. Doe (1982)

[not required]

Background: Texas education laws allowed the state to withhold funds for school districts that educated the children of illegal immigrants

Decision: this violates the Equal Protection Clause of the 14th amendment (disadvantaged children of illegal immigrants, Texas could not prove that regulation was needed to serve a “compelling state interest”)

Title IX of the Education Amendments (1972)

prohibits sex-based discrimination in any education program or activity receiving federal financial assistance