AP US GOV UNIT 2

1st Amendment

Protects freedom of speech, religion, press, assembly, and petition.

Establishment Clause

Prohibits the government from establishing an official religion.

Free Exercise Clause

Protects individuals’ rights to practice religion freely, as long as it doesn’t violate the law.

Symbolic Free Speech

Nonverbal expression (e.g., flag burning, armbands) protected under the 1st Amendment.

Prior Restraint

Government censorship before publication, usually unconstitutional.

Unprotected Free Speech

Speech not protected by the 1st Amendment, such as threats or incitement of violence.

Obscenity

Speech or expression that violates community standards and lacks serious value (see Miller Test).

Libel

False written statements that damage a person’s reputation.

Slander

False spoken statements that damage a person’s reputation.

2nd Amendment

Right to bear arms.

3rd Amendment

Prohibits the quartering of soldiers in homes during peacetime.

4th Amendment

Protects against unreasonable search and seizure; requires warrants.

Exclusionary Rule

Illegally obtained evidence cannot be used in court.

5th Amendment

Protects against self-incrimination, double jeopardy, and guarantees due process.

Double Jeopardy

Prevents being tried twice for the same crime.

Due Process Rights

Legal protections against arbitrary denial of life, liberty, or property.

Eminent Domain

Government can take private property for public use with just compensation.

6th Amendment

Right to a fair and speedy trial, legal counsel, and to confront witnesses.

Miranda Rights

Rights read to an arrested person, including the right to remain silent.

7th Amendment

Right to a jury trial in civil cases.

8th Amendment

Prohibits cruel and unusual punishment and excessive bail.

9th Amendment

Rights not explicitly listed are still protected.

Right to Privacy

Implied right protecting personal choices, established through cases like Griswold v. Connecticut and Roe v. Wade.

10th Amendment

Powers not given to the federal government are reserved for the states.

14th Amendment: Due Process

Extends due process rights to state governments, ensuring fair legal procedures.

Selective Incorporation

Process of applying Bill of Rights protections to the states using the 14th Amendment.

Lemon Test

Three-prong test to determine if a law violates the Establishment Clause.

Miller Test

Defines obscenity based on whether the content lacks literary, artistic, political, or scientific value.

Activist Approach / Restraint Approach

Judicial philosophies; activism promotes policy changes, restraint defers to precedent and legislation.

Amicus Curiae

'Friend of the court' briefs submitted by third parties to influence rulings.

Appeal

Request for a higher court to review a decision.

Appellate Jurisdiction / Courts

Courts that hear appeals from lower courts.

Attorney General

Head of the U.S. Department of Justice, overseeing legal matters.

Checks and Balances

System preventing any branch of government from gaining too much power.

Class Action

Lawsuit filed on behalf of a group of people with common claims.

Circuit Courts

Federal courts that hear appeals from district courts.

Concurring / Dissenting / Majority Opinions

Types of judicial opinions; concurring agrees with ruling but for different reasons, dissenting disagrees.

Constitutional Interpretation

Methods courts use to determine the meaning of constitutional provisions.

Court of Appeals

Intermediate appellate courts that review lower court decisions.

District Courts

Lowest level of federal courts where trials are held.

Dissent

Disagreement with the majority ruling of a court.

Dual Court System

U.S. has both federal and state courts.

Dual Sovereignty

State and federal governments can prosecute separately for the same crime.

Dual Federalism

Clear division of power between national and state governments (layer cake federalism).

Federal Question Cases

Cases involving constitutional issues or federal laws.

Fee Shifting

Allows winning plaintiffs to have legal fees paid by the losing party.

In Forma Pauperis

Allows poor litigants to file cases without fees.

Judicial Review

Power of courts to declare laws unconstitutional (Marbury v. Madison).

Jurisdiction

Authority of a court to hear a case.

Judicial Insulation

Lifetime tenure of federal judges to shield them from political pressures.

Litmus Test

Criteria used to evaluate judicial nominees' political views.

Marbury v. Madison (1803)

Established judicial review.

Opinion of the Court

Majority ruling explaining the court’s decision.

Oral Arguments

Verbal presentations before the Supreme Court.

Original Intent

Interpreting the Constitution based on the framers' intentions.

Original Jurisdiction

A court’s authority to hear a case first.

Per Curiam Opinion

Unsigned court opinion, often brief.

Plaintiff and Defendant

Parties in a lawsuit; plaintiff brings the case, defendant defends.

Political Question

Issue courts avoid because it is best resolved by other government branches.

Rule of Four

Four Supreme Court justices must agree to hear a case.

Requirements to be a Justice

No formal constitutional requirements, but nominees must be appointed by the president and confirmed by the Senate.

Senatorial Courtesy

Tradition where senators influence judicial appointments in their state.

Solicitor General

Represents the U.S. government in Supreme Court cases.

Sovereign Immunity

The government cannot be sued without its consent.

Stare Decisis / Precedent

Courts follow prior rulings in similar cases.

Standing

The right to bring a lawsuit; must have a personal stake in the outcome.

Statutory Interpretation

Courts interpreting the meaning of laws.

Writ of Certiorari

Supreme Court order to review a lower court’s case.

Judicial Review

The power of courts to assess whether a law is in compliance with the Constitution.