AP Gov Glossary (Unit 2)

Affirmative Action

gov. action that seeks 2 create opportunities 4 suspect groups—> African Americans, women and others, esp in employment + education

Barron v. Baltimore (1833)

landmark case wi/ said Bill of Rights applies only to national government, not to the states

Brandenburg v. Ohio (1969)

landmark 1st amendment case concerning freedom of speech; Court said that inflammatory speech cannot be punished unless it will produce “imminent lawless action”

Church of the Lukumi Bablu Aye, Inc. v. Hialeah (1993)

Supreme Court free exercise case; law passed by the city of Hialeah to prevent a Santeria Church from killing animals (specifically chickens) during their worship was unconstitutional

Civil Disobedience

non-violent protest against laws perceived as unjust

Civil Liberties

guaranteed rights + freedoms (Constitution, the Bill of Rights + other legislation) protected from arbitrary government interference

Civil Rights

guarantees that all people regardless of race, gender, ethnicity, religion, physical disability or sexual orientation protected from discrimination by the government/individuals + receive equal treatment under the law

Clear and Present Danger Test

standard created by the Supreme Court to establish when limits can be placed upon freedom of speech

De Facto Segregation

segregation that happens ‘by fact’, but not enforced by law—> school w/ students of mostly one race b/c neighborhood predominantly one race

De Jure Segregation

segregation enforced by law

District of Columbia v. Heller (2008)

landmark 2nd Amendment case i/w Court held that private citizens have the right to own a weapon for purposes other than service in a militia, such as self-defense or defense of their home

Double Jeopardy

(prohibited by the Constitution) act of being tried twice for the same crime

Dream Act

bill that included a process by/w undocumented immigrants could have path to citizenship

Due Process

idea that all citizens entitled 2 fair and = treatment by judiciary; found in the 5th + 14th Amendments

Due Process Cause

5th + 14th Amendments say that no one shall be “deprived of life, liberty or property without due process of law”; guarantees citizens protection from an arbitrary administration of justice

Eminent Domain

found in the 5th Amendment; gov’s right 2 acquire priv property 4 pub use as long as there is just compensation

Equal Protection Clause

found in the 14th Amendment; prohibits any state from denying their citizens ‘equal protection of the laws”

Equal Rights Amendment

proposed amendment to the Constitution that would guarantee women equal protection under the law—>failed 2 get the required ¾ (38) of the states to ratify it by 1982 deadline

Establishment Clause

1st Amendment provision—> prohibits gov from establishing state religion

Exclusionary Rule

principle est by 4th Amendment case Weeks v. United States—>prohibits evidence obtained illegally from being used in court

Free Exercise Clause

1st Amendment provision—>protects individual’s right 2 freely practice their religion

Freedom of Expression

provisions found in 1st Amendment guaranteeing rights of freedom of speech, the press, assembly + petition

Freedom of Religion

provisions found in the 1st Amendment guaranteeing Americans right 2 freely practice their faith w/o gov interference

Incorporation Doctrine

legal concept under which Supreme Court has nationalized the Bill of Rights using the due process clause of the 14th Amendment

Korematsu v. United States (1944)

landmark (and often criticized) case in which the Court upheld Executive Order 9066, which put Japanese-Americans into internment camps, on the basis that such actions during war are justified by the need to protect the public from espionage

Obergefell v. Hodges (2015)

landmark case i/w Court held that the 14th Amendment guarantees the fundamental right to marry to same-sex couples

Precedent

earlier decisions by Fed Courts, esp the Supreme Court, which provide guidance 4 later court decisions

Rational Basis Test

one of the standards used by the Court 2 decide whether a law is constitutional; 2 pass test, the law must show legitimate gov interest + reasonable means 2 achieve the gov’s goal

Reverse Discrimination

notion that Affirmative Action programs treat members of majority groups unfairly (such as whites or males)

Selective Incorporation

process of making selective provisions of the Bill of Rights applicable to the states on a case-by-case basis

Self-incrimination

no person “can be compelled to witness against himself”

Separate but Equal Doctrine

legal concept established by Plessy v. Ferguson (1890)—> states separate facilities 4 whites and blacks, as long as they were =, were constitutional

Strict Scrutiny Test

standard used 2 decide cases inv a ‘suspect class’; any discrimination by gov must have a ‘compelling government interest’ + use ‘least restrictive means’ possible

Suspect Groups/Suspect Class

group that has been historically discriminated against or subject to prejudice/hostility

Symbolic Speech

speech including non-verbal expression, such as flag burning, signs, or wearing armbands

Warren Court

refers to the Supreme Court led by Chief Justice Warren from 1953-1969; notable 4 expanding crim rights, civ rights, judicial pwr + pwr of fed gov

Zone of Privacy

area/aspect of life protected from intrusion by gov thru Bill of Rights (ex. ev citizen has right 2 expect priv in one’s person or home)