UNIT 3 AP GOV

Free exercise clause

The second clause in the First Amendment, which forbids government establishment of religion.

Lemon test

1) The government's action must have a secular legislative purpose; 2)The government's action must not have the primary effect of either advancing or inhibiting religion; 3) The government's action must not result in an "excessive government entanglement" with religion

strict scrutiny

A standard used by the Supreme Court in deciding weather a law of policy is to be adjudged constitutional. To pass strict scrutiny, the law or policy must be justified by a "compelling governmental interest," as well as being the least restrictive means for achieving that interest.

Free expression

The press and speech clauses of the first amendment that allows freedom of expression.

Prior restraint

Censorship before publication.

clear and present danger

A means by which the Supreme Court has distinguished between speech as the advocacy of ideas, which is protected by the First Amendment, and speech as incitement, which is not protected.

fighting words

Speech that is not protected by the First Amendment because it inflicts injury or tends to incite an immediate disturbance of the peace.

Obscenity

As defined by the Supreme Court, the representation of sexually explicit material in a manner that violates community standards and is without redeeming social importance or value. not protected by the first amendment, can be restricted and regulated.

libel

defamation in written form

slander

defamation in verbal form

public figures

People who assume roles of prominence in society of thrust themselves to the forefront of public controversy

right to assemble/petition the gov.

part of the 1st amendment. The governmeent can't prohibit peaceful political meetings that criticize the government.

right to bear arms

2nd Amendment

bills of attainder

A law that pronounces an individual guilty of a crime without a trial.

ex post facto laws

A law that declares an action to be criminal after it has been preformed.

obligation of contracts

The obligation of the parties to a contract to carry out its terms.

Due process clause/14th amendment

requires government to stick to set procedures and forbids unreasonable government action; also allows Supreme Court to apply the bill of rights to states

Civil liberties

Freedoms that protect the individual from the government.

Civil rights

Personal, human rights recognized and guaranteed by the U.S. Constitution

Establishment clause

Clause in the First Amendment that says the government may not establish an official religion.

sexism

An ideology based on the belief that one sex is superior to and should dominate the other sex

Good faith exception

An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper.

affirmative action

A policy in educational admissions or job hiring that gives special attention or compensatory treatment to traditionally disadvantaged groups in an effort to overcome present effects of past discrimination.

USA-Patriot Act

law passed due to 9/11 attacks; sought to prevent further terrorist attacks by allowing greater government access to electronic communications and other information; criticized by some as violating civil liberties

Right to privacy

The right to a private personal life free from the intrusion of government.

Bill of rights

A formal statement of the fundamental rights of the people of the United States, incorporated in the Constitution as Amendments 1-10, and in all state constitutions (after initial implementation).

Direct Incitement Test

A test articulated by the Supreme Court in Brandenberg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.

Equality of opportunity

The idea that each person is guaranteed the same chance to succeed in life.

Equality of outcome

The concept that society must ensure that people are equal, and governments must design policies to redistribute wealth and status so that economic and social equality is actually achieved.

Invidious discrimination

Discrimination against persons or groups that works to their harm and is based on animosity.

Civil rights

Powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or individuals.

Black codes

Legislation enacted by former slave states to restrict the freedom of blacks

Racism

A belief that human races have distinct characteristics such that one's own race is superior to , and has a right to rule, others.

Poll tax

A tax of $1 or $2 on every citizen who wished to vote, first instituted in Georgia in 1877. Although it was no burden on most white citizens, it effectively disenfranchised blacks.

Racial discrimination

discriminatory or abusive behavior towards members of another race

Racial segregation

Separation from society because of race.

Separate-but-equal doctrine

The concept that providing separate but equivalent facilities for blacks and whites satisfies the equal protection clause of the Fourteenth Amendment.

Desegregation

The ending of authorized segregation, or separation by race.

De jure segregation

Racial segregation that occurs because of laws or administrative decisions by public agencies.

De facto segregation

Segregation resulting from economic or social conditions or personal choice.

Civil Rights movement

a social movement in the United States during the 1950s and 1960s, in which people organized to demand equal rights for African Americans and other minorities. People worked together to change unfair laws. They gave speeches, marched in the streets, and participated in boycotts.

Boycott

A group's refusal to have commercial dealings with some organization in protest against its policies

Civil disobedience

A form of political participation that reflects a conscious decision to break a law believed to be immoral and to suffer the consequences.

Civil Rights Act of 1964

1964; banned discrimination in public acomodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal

Twenty-fourth Amendment

It outlawed taxing voters, i.e. poll taxes, at presidential or congressional elections, as an effort to remove barriers to Black voters.

Voting Rights Act of 1965

1965; invalidated the use of any test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised blacks; as more blacks became politically active and elected black representatives, it brought jobs, contracts, and facilities and services for the black community, encouraging greater social equality and decreasing the wealth and education gap

Civil Rights Act of 1991

1964; banned discrimination in public acomodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal

Protectionism

A government's establishment of economic policies that restrict imports to protect domestic industries.

Nineteenth Amendment

granted women the right to vote in 1920

Double jeopardy clause

Part of the Fifth Amendment that protects individuals from being tried twice for the same offense.

Fundamental freedoms

Those rights defined by the Court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review, strict scrutiny

Incorporation doctrine

The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.

Miranda rights (warnings)

Statements concerning rights that police are required to make a person before he or she is subjected to in-custody questioning. (You have the right to remain silent, Anything you say can be used against you in court, You have the right to talk to a lawyer of your own choice before questioning, If you cannot afford to hire a lawyer, a lawyer will be provided without charge.)

Selective incorporation

A judicial doctrine whereby most but not all of the protections found int he Bill of Rights are made applicable to the states via the Fourteenth Amendment

Substantive due process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

Symbolic speech

An act that conveys a political message, such as burning a draft card to protest the draft

Writ of habeas corpus

A court order that requires police to bring a prisoner to court to explain why they are holding the person

Capital punishment

Death penalty

Cruel and unusual punishment

Court sentences prohibited by the 8th amendment.

Eminent domain

Power of a government to take private property for public use; the U.S. Constitution gives national and state governments this power and requires them to provide just compensation for property so taken.

Equal protection clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Furman v. Georgia

This 1972 Supreme Court case struck down all state laws allowing the death penalty stating that they allowed for too much discretion on the part of the judge and jury resulting in lack of consistent administration of the penalty.

Imminent action

A legal test that says government cannot lawfully suppress advocacy that promotes lawless action unless such advocacy is aimed at producing, and is likely to produce, imminent lawless action.

Moment of silence

Law banned in Alabama by Wallace v. Jaffree which provided with a minute of silence for meditation or voluntary prayer.

Privileges and immunities clause

States are prohibited from unreasonably discriminating against residents of other states (article 4)

Right to counsel

Individual right found in the Sixth Amendment of the Constitution that requires criminal defendants to have access to legal representation.

Sedition Act of 1798

Crime to make any false, scandalous and malicious writing with intent to stir up contempt for the fed. gov.; expired in 1801.

Sedition Act of 1918

…, added to Espionage Act to cover "disloyal, profane, scurrilous, or abusive language" about the American form of government, the Constitution, the flag, or the armed forces.

Smith Act

1940 act which made it illegal to speak of or advocate overthrowing the U.S. government. Was used by Truman 11 times to prosecute suspected Communists

Wall of separation

Court ruling that government cannot be involved with religion

Defense of Marriage Act (DOMA)

Federal statute declaring marriage to be a "legal union of one man and one woman," denying gay couples many of the civil advantages of marriage, and also relieving states of the obligation to grant reciprocity, or "full faith and credit," to marriages performed in another state.

Jim Crow laws

Any of the laws legalizing racial segregation of blacks and whites that were enacted in Southern states beginning in the 1880's and enforced through the 1950's.

Equal Employment Opportunity Commission

The government regulates the employment relationship, including laws affecting

Grandfather clause

A clause in registration laws allowing people who do not meet registration requirements to vote if they or their ancestors had voted before 1867.

Suffrage movement

movement dedicated to achieving women's right to vote

Suspect classification

category or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court

Title IX

A United States law enacted on June 23, 1972 that states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

Americans with Disabilities Act

Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to all public and commerical buildings.

NAACP

National Association for the Advancement of Colored People, founded in 1909 to abolish segregation and discrimination, to oppose racism and to gain civil rights for African Americans, got Supreme Court to declare grandfather clause unconstitutional

Quotas

A system that requires a certain number of minority applicants be selected for educational programs or job. Such a system is generally unconstitutional in government funded programs

Reasonableness standard

when the government treats some classes of people differently from others, the different treatment must be reasonable and not arbitrary

AARP

American Association of Retired Persons; Nationwide organization for people over 50 that offers discount drug purchases, health & auto insurance, publications, & other activities

Comparable worth

the issue raised when women who hold traditionally female jobs are paid less than men for working at jobs requiring comparable skill

Coverture

A common-law doctrine under which the legal personality of the husband covered the wife and he made all legally binding decisions

Original intent

A view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view.

Pro choice

belief that abortion is an individual's choice to make.

Reverse discrimination

Discrimination against the majority group

Thurgood Marshall

American civil rights lawyer, first black justice on the Supreme Court of the United States. Marshall was a tireless advocate for the rights of minorities and the poor.

exclusionary rule

The judicial rule that states that evidence obtained in an illegal search and seizure cannot be used in trial.

Equal Rights Amendment

constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender

Ninth Amendment

states that people's rights are not limited to just those listed in the Constitution.

Pro life

the viewpoint that it is the baby's right to live and that abortion is morally wrong