apgov unit 3

key terms and vocab for lessons 3.1-3.13 by me! **i highly encourage that you study the AMENDMENTS, f. docs and scotus cases outside of these fcs to fully understand them**

civil liberties

personal freedoms protected from arbitrary governmental interference or deprivations by constitutional guarantee

Bill of Rights

the first ten amendments of the Constitution, designed specifically to guarantee citizens’ liberties and rights

public interest

the welfare or well-being of the general public; civil liberties may be limited to protect public interest (ex. minors having restrictions on driving ages)

wall of separation

a term used to describe the divide between church and state

establishment clause

the clause in the first amendment that prevents the federal government from establishing a national religion, or sanction/recognize/favor/disregard any religion

free exercise clause

the clause in the first amendment that prevents the federal government from stopping religious practices

SCOTUS: Engel v. Vitale (1962)

the case that decided state-required, teacher-led prayer recited in a New York public school was unconstitutional under the first amendment’s establishment clause

SCOTUS: Wisconsin v. Yoder (1972)

the case that decided compulsory school laws for children age 16 and younger violated the first amendment’s free exercise clause (for parents whose religious beliefs and customs dictate that they keep their children out of school until a certain age)

symbolic speech

a form of expression using actions or symbols to convey a message

SCOTUS: Tinker v. Des Moines (1969)

the case that decided wearing armbands in public schools as symbolic political protest is constitutional under the first amendment

obscene speech

inappropriate or offensive language that violates social norms or taboos, includes profanity, vulgarity, or explicit content, not protected under the first amendment

SCOTUS: Schneck v. United States (1919)

the case that decided punishment for expressing opposition to the military draft was constitutional due to a clear and present danger

libel

a charge that refers to false statements in print that defames something’s reputation

prior restraint

the privilege that gave the government the right to stop spoken/printed expression in advance

SCOTUS: New York Times Co. v. United States (1971)

the case that decided trying to block national secrets from being printed violated the first amendment’s free press clause

Related: District of Columbia v. Heller (2008)

the case that only impacted the district it was voted for; decided an individual can own a gun unrelated to militia service, but the right is not unlimited

writs of assistance

broad search warrants that enabled British soldiers to search basically anything

selective incorporation

the process of declaring only selected provisions of the Bill of Rights applicable to the states rather than all at once

due process

the concept of fundamental fairness that ensures legitimate government in a democracy

just compensation clause

a clause incorporated into the fifth amendment, states that private property shall not be taken for public use without just compensation

SCOTUS: McDonald v. Chicago (2010)

the case that decided the second amendment was applicable to all states by way of the fourteenth amendment

procedural due process

the process that addresses the way the law is carried out

search and seizure

the right to legal counsel, and the right against self-incrimination during police interrogation

exclusionary rule

states that evidence that the government finds/obtains illegally can be excluded from trial, the justice system rejects “fruit of the poisonous tree”

public safety exception

states that the protection of the people is more important than procedural protections for suspects

SCOTUS: Gideon v. Wainwright (1963)

the case that decided a state’s prosecution of a criminal without counsel violates the sixth amendment’s right to counsel

substantive due process

the process that places limits on what liberties the government can take away/deprive a citizen of

right to privacy

the right that is not explicitly stated but hinted at in the first, third, fourth, and ninth amendments

SCOTUS: Roe v. Wade (1973)

the case that decided anti-abortion laws violate the due process clause and a woman’s constitutional right to abortion

Hyde Amendment

the amendment that prevents federal funding for abortions

civil rights

protections from discrimination based on characteristics like race, color, national origin, religion, sex, gender, etc.

FD: Letter from a Birmingham Jail

the document written by MLK that was a response to white clergymen telling them not to protest for black rights and instead be patient and wait; MLK promotes nonviolent direct action

equal pay act

the act that required employers to pay men and women the same wage for the same job, however it was still legal to deny women job opportunities because the civil rights act wasn’t passed yet

strict scrutiny

the analysis by courts to guarantee legislation is narrowly tailored to avoid violation of laws

don’t ask, don’t tell

the rule that prevented the military from asking about sexual status, but prevented gays and lesbians from acknowledging it

equal protection clause

the clause from the fourteenth amendment that prohibited state governments from denying persons within their jurisdiction equal protection of the laws

literacy test

a test of reading skills required before one could vote, prevented blacks from voting

poll tax

a simple fee required of voters, prevented blacks from voting

grandfather clause

allowed states to recognize a registering voter as it would have recognized his grandfather, prevented blacks from voting

white primary

a primary in which only white men could vote, prevented blacks from voting

Jim Crow laws

a collection of state and local statutes that legalized racial segregation; segregated blacks and whites on trains, theaters, public restrooms, public schools, etc.

Plessy v. Ferguson (1896)

the case that decided that segregation in public schools K-12 was constitutional and established the doctrine “separate but equal”

SCOTUS: Brown v. Board of Education (1954)

the case that decided that state school segregation laws violate the equal protection clause of the fourteenth amendment

freedom-of-choice plans

plans that put a burden on black students trying o transfer to white schools, used to weaken the impact of the Brown v. Board of Ed ruling

Title IX of the Education Amendments

guaranteed that women have the same educational opportunities as men in programs receiving federal funding

white flight

the mass migration of white families from urban environments to rural areas to try and avoid living near blacks (inner cities became blacker, surrounding suburbs became whiter)

majority-minority districts

voting districts where a minority race or group of minorities make up the majority

affirmative action

the label placed on institutional efforts to diversify by race, gender, or otherwise

Regents of the University of California v. Bakke (1978)

the case that decided having admission spots reserved for minorities was unconstitutional; had many rulings that were controversial and inconsistent after this (this is not a required case, but it helps understand the precarious balance of affirmative action)

Civil Rights Act of 1957

the act that authorized the prosecution for those who violated the right to vote for United States citizens

Civil Rights Act of 1964

the act that prohibits discrimination on the basis of race, color, religion, sex or national origin

first amendment

Congress make no law respecting an establishment of religion or prohibiting its free exercise; protects freedom of speech, the press, assembly, and the right to petition the government for a redress of grievances

second amendment

citizens have the individual right to arm themselves; firmly establishes that the government cannot infringe on that right.

third amendment

forbids the forcible housing of military personnel in a citizen's home during peacetime and requires the process to be “prescribed by law” in times of war.

fourth amendment

protects people from unreasonable searches and seizures by the government

fifth amendment

contains the right to a jury trial when you're charged with a crime, protection against double jeopardy, protection against self-incrimination, the right to a fair trial, and protection against the taking of property by the government without compensation.

sixth amendment

contains a series of rights in criminal trials; the rights to a fast and public trial by an impartial jury, to be aware of the criminal charges, to confront witnesses during the trial, to have witnesses appear in the trial, and to have legal representation.

seventh amendment

protects the right for citizens to have a jury trial in federal courts with civil cases

eighth amendment

excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

ninth amendment

existence of a written constitution should not be treated as an excuse for ignoring non-textual rights, cannot rest on ancient constitutional text to establish their existence (ex. right to privacy)

tenth amendment

any powers that are not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or to the people at large

eleventh amendment

restricts the ability of individuals to bring suit against states of which they are not citizens in federal court

thirteenth amendment

the amendment that abolished slavery officially

fourteenth amendment

granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with “equal protection under the laws”

fifteenth amendment

guaranteed that the right to vote could not be denied based on “race, color, or previous condition of servitude.”

nineteenth amendment

made it illegal to deny the right to vote to any citizen based on their sex, which effectively granted women the right to vote