AP Gov Unit 2/3 Vocab

Rational Basis

lowest level of judicial scrutiny, used to check if a law is constitutional; it only requires the government to show the law is "rationally related to a legitimate governmental interest," meaning there's a reasonable, non-arbitrary link between the law's goal and the means used, making it easy for the government to win these cases, often involving economic or social laws not affecting fundamental rights.

Intermediate Scrutiny

a mid-level judicial test used for equal protection cases (like gender discrimination) or some First Amendment issues, requiring the government to prove a law is substantially related to an important government interest

Strict Scrutiny

the highest level of judicial review, used for laws affecting fundamental rights or "suspect classifications" (like race/national origin) where the government must prove the law is narrowly tailored to achieve a compelling government interest using the least restrictive means, making it very difficult for the government to win

Due Process

clause in the Fourteenth Amendment that restricts state governments from denying persons their life, liberty, or property without legal safeguards.

Prior Restraint

the suppression of material prior to publication.

1st ammendment

no official religion, free exercise of religion, freedom of speech, press, assembly, petition, establishment clause

2nd ammendment

right to bear/keep arms

4th ammendment

protect against unreasonable search/seizure, right to have warrant issued

5th Amendment

right to grant jury indictment in criminal cases, right to due process of law, just compensation for taken private property, can’t be charged for the same thing twice, right to remain silent

6th ammendment

speedy and public trial by impartial jury, confront witness, compel favorable witnesses, assistance of defense counsel (lawyer)

8th ammendment

protections against excessive bail, excessive fines, and cruel punishment

9th amendment

protections of rights not listed in the constitution

10th ammendment

powers not delegated to federal government, nor prohibited by it to states, reserved to states/people.

Article III

Created the federal court system, Supreme Court, outlines original and appellate jurisdiction, grants it the power to interpret the Constitution, and defines treason and its punishment.

Judicial Review

The power of courts, especially the Supreme Court, to declare laws or executive actions unconstitutional (established in Marbury v. Madison)

Stare Decisis

The principle that courts follow prior rulings (precedents) when the facts are substantially the same

Precedent

A prior judicial decision that serves as an authority for deciding later cases with similar issues or facts

Judicial Activism

An interpretive approach in which judges are more willing to overturn legislation or expand constitutional rights, often based on broader readings of the text or purpose

Judicial Restraint

An interpretive approach that urges judges to defer to elected branches, limit the use of judicial review, and adhere closely to the text and original intent of the Constitution

Original Jurisdiction

The authority of a court to hear a case first, before any other court; for the Supreme Court this includes cases involving ambassadors, public ministers, consuls, and disputes between states

Appellate Jurisdiction

The authority of a court to review and rule on decisions made by lower courts, hearing cases on appeal from federal courts of appeals or state supreme courts

Brief

A written document submitted by parties in an appellate case that outlines legal arguments, relevant facts, statutes, and precedent supporting their position

Standing

The constitutional requirement that a litigant have a concrete, personal stake in the outcome of a case (injury‑in‑fact, causation, and redressability) to bring suit

Writ of Certiorari

An order issued by the Supreme Court to a lower court directing the record of a case be sent up for review

Opinion of the Court

The official written explanation of the Court’s decision.

• Majority opinion – The view held by more than half of the justices; it sets the binding rule.

• Concurring opinion – Written by a justice who agrees with the majority’s outcome but for different legal reasoning.

• Dissenting opinion – Written by a justice who disagrees with the majority’s conclusion; it has no precedential force but may influence future arguments.