Vocab Quiz 2 Unit 5 AP GOV

Bill of Rights

The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties

civil liberties

Personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation

civil rights

Government-protected rights of individuals against arbitrary or discriminatory treatment by government or individuals

clear and present danger test

Test articulated by the Supreme Court in Schneck v. U.S. (1919) to draw the line between protected and unprotected speech; the Court looks to see “whether the words used” could “create a clear and present danger that they will bring about substantive evils” that Congress seeks “to prevent”

double jeopardy clause

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

due process rights/clause

• Clause: clause contained in the 5th and 14th Amendments; over the years, it has been construed to guarantee a variety of rights to individuals

• RIghts: protections drawn from the 4th and the Bill of Rights. Due process may be procedural, ensuring fair treatment, or substansive, protecting fundamental rights

Eighth Amendment

Part of the Bill of Rights that states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”

Establishment Clause

First clause of the First Amendment; it directs the national government not to sanction an official religion

exclusionary rule

Judicially created rule that prohibits police from using illegally seized evidence at trial

First Amendment

imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition

Fourth Amendment

Protects people from unreasonable searches and seizures of their persons, houses, papers, and effects without a warrant from a judge

Fifth Amendment

Imposes number of restrictions on the fed. government with respect to the rights of persons suspected of committing a crime. Provides for indictment by a grand jury and protection against self-incrimination, and prevents the national government from denying a person life, liberty, or property without the due process of law. Also prevents the national government from taking property without just compensation.

Free Exercise Clause

Second clause of 1st Amendment; prohibits US government from interfering with a citizen’s right to practice their religion

Incorporation Doctrine

Interpretation of the Constitution holding that due process clause of the 14th Amendment requires state and local governments to guarantee the rights stated in the Bill of Rights

libel

False written statement that defames a person’s character

Miranda rights/rule

Statements required of police that inform a suspect of his or her constitutional rights protected by the Fifth Amendment, including the right to an attorney provided by a court if the suspect cannot afford one

prior restraint

Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the 1st Amendment

selective incorporation

the process by which the Bill of Rights is gradually applied to the states through the Fourteenth Amendment

Sixth Amendment

That sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trilas, impartial juries, trials in the state where the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and right to counsel

slander

Untrue spoken statements that defame the character of a person

symbolic speech

Symbols, signs, and other methods of expression generally considered to be protected by the First Amendment

writ habeas corpus

legal principle that protects individuals from being held in jail without a valid reason

probable cause

reasonable belief, based on facts and evidence, that a crime has been committed or that evidence of a crime is present

unreasonable search and seizure

when the government searches a person or their property or takes (seizes) evidence without a valid warrant or legal justification

search warrant

court-issued document that gives law enforcement permission to search a specific place and seize specific evidence

cruel and unusual punishment

harsh, disproportionate, or violates basic standards of human dignity

defamation

making false statements about someone that damage their reputation

obscenity

material or expression that is considered offensive, indecent, and lacking serious literary, artistic, political, or scientific value

right to counsel

defendants have the right to an attorney, and if they cannot afford one, the government must provide one

slander

Untrue spoken statements that defame the character of a person

speedy and public trial

a person accused of a crime must be tried quickly and in a court that is open to the public

time, place and manner regulations

content-neutral restrictions on when, where, and how speech can occur, without targeting the message itself

affirmative action

Policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group

Civil Rights Act of 1964

Wide-ranging legislation passed by Congress to outlaw segregation in public facilities and discrimination in employment, education, and voting; created the Equal Employment Opportunity Commission

Equal Protection Clause

Section of the 14th Amendment that guarantees that all citizens receive “equal protection of the laws”

Equal Rights Amendment (ERA)

Proposed amendment to the Constituion that states “Equality of rights under the law shall not be denied or abridged by the US or any state on account of sex”

Fifteenth Amendment

One of the three major amendments ratified after the Civil War; specifically enfranchised newly freed male slaves

Fourteenth Amendment

One of three major amendments ratified after the Civil War; guarantees equal protection and due process of the law to all US citizens

National Organization for Women (NOW)

The leading activist group of the women’s rights movement, especially in the 1960s and 1970s

poll tax

Taxes levied in many southern states and localities that had to be paid before an eligible voter could cast a ballot

seperate-but-equal doctrine

racial segregation was constitutional as long as separate facilities for different races were equal in quality

Title IX of the Education Amendments Act

bans discrimination based on sex in any education program or activity that receives federal funding

social movement

organized effort by a large group of people to promote or resist change in society or government policies

Voting Rights Act of 1965

prohibits racial discrimination in voting and protects the voting rights of minorities