AP Gov Civil Rights, Liberties, and the Courts

civil liberties

protections against government; guarantees of the safety of persons, opinions, and property from arbitrary acts of government

civil rights

constitutional guarantees to all people regardless of race, sex, religion, or national origin; protect certain groups of people, not all Americans

bill of rights

a list of fundamental rights and freedoms that individuals possess; first 10 amendments of the US Constitution

RAPPS freedoms (1st amendment)

religion, assembly, petition, press, speech

selective incorporation

the process through which the SC applies fundamental rightsin the Bill of Rights to the states on a case-by-case basis; slow, not always the entire amendment

fourteenth amendment

constitutional amendment asserting that persons born in the US are citizens and prohibits states from denying persons due process or equal protection under the law

due process clause

the clause in the fourteenth amendment that restricts state governments from denying their citizens their life, liberty, and property without legal safeguards

equal protection clause

a clause of the fourteenth amendment that requires states to treat all citizens alike with regard to application of the laws

affirmative action

a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race and gender

equality of opportunity

everyone has the same chances to succeed, regardless of background; all are given equal opportunities

equality of results

everyone has around the same results in wealth, status, and living conditions; remediate past inequalities

de facto segregation

a separations of individuals based on characteristics that arises not by but because of other factors, such as residential housing patterns

de jure segregation

the separation of individuals based on their characteristics such as race, by law

letter of birmingham

open letter by MLK while imprisoned for nonviolent protests against segregation

civil rights act of 1964

legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate

free exercise clause

first amendment protection of the rights of individuals to exercise and express their religious beliefs

establishment clause

first amendment protection against the government requiring citizens to join or support a religion

Lemon test

set guidelines for what is permissible under the establishment clause, three-pronged framework

probable cause

reasonable belief that a crime has been committed or that there is evidence indicating so

exclusionary rule

a rule that evidence obtained without a warrant is inadmissible in court

good faith exception

allows evidence obtained during a search that technically violates the 14th amendment to be admitted in court if law enforcement acted on a reasonable, good faith belief

judicial review

the authority of the supreme court to strike down a law or executive action if it conflicts with the constitution

original jurisdiction

the authority of a court to hear a case first, which includes finding of facts in the case

appellate jurisdiction

the authority of a court to hear and review decisions made by lower courts in that system

brief

written legal document submitted to court, containing arguments, facts, and legal reasoning of a party

amicus brief

a brief filed by someone who is not a party to a case in an attempt to persuade the court to agree with the arguments set forth in the brief

writ of certiorari

order from a higher court, usually supreme court, directing a lower court to send up the record of a case for review

litmus test

politicians position on a single, critical issue that is considered a deciding factor when making appointments to public office/selecting candidates

judicial activism

a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies

judicial restraint

a philosophy of constitutional interpretation that asserts justices should be cautious in overturning laws

majority opinion

a binding supreme court opinion, which serves as precedent for future cases

concurring opinion

an opinion that agrees with the majority decision, offering different/additional reasoning that does not serve as precedent

minority/dissenting opinion

an opinion that disagrees with the majority opinion, does not serve as precedent

loose constructivism

judicial philosophy that views the constitution as a flexible, “living” document, allowing broad interpretation of its powers and application to modern needs

strict constructivism

a judicial philosophy that interprets the constitution by adhering to the plain, literal meaning of its words, no interference

senatorial courtesy

long-standing, unwritten, non-binding custom in the senate where senators will refuse to confirm a presidential nominee if a senator from the nominees home state opposes the appointment

rule of four

informal supreme court practice requiring at least four of the nine justices to agree to hear a case by granting a writ of cert even if other five judges deny review

stare decisis

the practice of letting a previous legal decision stand

precedent

a judicial decision that guides future courts in handling similar cases

affirmative action

a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics such as race or gender

checks and balances

a design of government that each branch has powers that can prevent the other branches from making policy

separation of powers

a design of government that distributes powers across institutions in order to avoid making one branch too powerful on its own

Federalist 78

argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches