AP Gov Unit 3 Ch 5

Bill of Rights

consists of the first ten Amendments to the Constitution, which enumerate the liberties and rights of individuals, and is specifically designed to protect individual liberties and rights ; application of the Bill of Rights is continuously interpreted by the courts

Civil liberties

constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference

First Amendment

government power to make law and an individual’s right to religious freedom through the Establishment Clause and Free Exercise Clause ; freedom of speech ; freedom of the press, assembly and petition (the bulleted words below are vocab as part of the 1st amendment)

Prior restraint

Supreme Court has affirmed support for a heavy presumption against prior restraint even in cases involving national security.

Clear and Present Danger Test

speech can be limited when it is shown to present a danger to public safety

Libel

written communication of defamation

Symbolic speech

nonverbal action that communicates an idea or belief

Time, place, manner

regulations that impose restrictions such as limits on the time of day an event can be held, limits on where an event can be held, and limits on the noise levels at an event

Obscenity

speech that strongly offends the prevalent morality of the time and society

Defamation

language that harms the reputation of another

Slander

oral communication of slander

Free exercise clause

guarantees freedom of conscience and prohibits the government from interfering in religious belief

Establishment clause

prohibits the establishment of an official religion by the government

Wall of separation

court ruling that government cannot be involved with religion

Second Amendment

right to bear arms

Fourth Amendment

the right to be free from unreasonable searches and seizures

Exclusionary rule

stipulates that evidence illegally seized by law enforcement officers in violation of the suspect’s Fourth Amendment rights (including the right to be free from unreasonable searches and seizures) cannot be used against that suspect in criminal prosecution

Probable cause

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion

Good faith exception

an error in gathering evidence sufficiently minor that it may be used in a trial 

Public safety exception

allows unwarned interrogation to stand as direct evidence in court

Fifth Amendment

due process clause in the Fifth Amendment applies to the national government

Sixth Amendment

the right to legal counsel, speedy and public trial, and an impartial jury

Miranda rule

requires accused persons to be informed of some procedural protections found in the Fifth and Sixth Amendments prior to interrogation

Eighth Amendment

cruel and unusual punishment ; Supreme Court interpretations of the Eighth Amendment have applied to death penalty statutes

Ninth Amendment

states that individuals have protected rights beyond those listed in the first eight amendments ; some argue it provides support for the existence of unenumerated rights

Fourteenth Amendment

Due Process Clause and Equal Protection Clause as applied to the states ; granted citizenship to all persons born or naturalized in the U.S., including formerly enslaved people

Due process of law

state that the government may not infringe on a person’s right to life, liberty, or property without due process of law

Procedural due process

requires that government officials use methods that are not arbitrary when making and carrying out decisions affecting constitutionally protected rights ; procedural due process protections are reinforced by key protections enshrined in other provisions of the Bill of Rights and key legal doctrines established by the Supreme Court

Substantive due process

used by the Supreme Court to examine whether government laws and actions are arbitrary infringements of individual rights

Equal protection of the law

a standard of equal treatment that must be observed by the government

Selective incorporation

doctrine that imposed limitations on state regulation of civil liberties by extending select protections of the Bill of Rights to the states through the due process clause of the Fourteenth Amendment

Unenumerated rights

recognized constitutionally protected rights that are not explicitly listed in the Bill of Rights ; include the right to privacy

Right to privacy

a recognized constitutionally protected right not explicitly named in the Constitution ; interpreted by the Supreme Court to be granted by the Due Process clause in Griswold v. Connecticut

Griswold v. Connecticut

the Supreme Court interpreted the due process clause to protect the right of privacy from government infringement

Roe v Wade

the Supreme Court held that the application of substantive due process further extended the privacy right to abortion

Dobbs v. Jackson Women’s Health Organization

overturned Roe v. Wade, holding that the Constitution does not confer a right to abortion, leaving decisions about the regulation of abortion to legislatures

Patriot Act

congressional legislation enacted in the wake of 9/11 designed to expand surveillance abilities of law enforcement, facilitate interagency communication, and increase penalties of acts of terrorism

USA Freedom Act

congressional legislation intended to limit bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies and end secret laws of FISA courts