chpt 8 & 9

ap govci

civil liberties

fundamental rights and freedoms protected from infringement by the government

civil rights

protections from discrimination as a member of a particular group

bill of rights

a list of fundamental rights and freedoms that individuals possess. The first ten amendments to the U.S. Constitution are referred to as the Bill of Rights

1st amendment

restricts the lawmaking powers of congress in the areas of religion, speech, the press, assembly, and petitioning the government

2nd amendment

the right to keep and bear arms

third amendment

no forced quartering of troops in homes

fourth amendment

protects against unreasonable search and seizure and establishes the right to have warrants issued before an arrest or search

fifth amendment

right to a grand jury indictment in criminal cases, protection against double jeopardy and self-incrimination, the right to due process of law, and the right to just compensation when private property is taken for public use

sixth amendment

protections during criminal prosecutions for a speedy and public trial by an impartial jury, the right to confront witnesses, the right to compel favorable witnesses to testify in one’s defense, and the right to the assistance of defense counsel

seventh amendment

right to a trial by jury in certain civil suits

eighth amendment

protections against excessive bail, excessive fines, and cruel and unusual punishment

ninth amendment

protection of rights not listed in the constitution

tenth amendment

powers not delegated to the federal government, nor prohibited by it to the states, are reserved to the states or to the people

due process clause

the clause in the fourteenth amendment that restricts state governments from denying citizens their life, liberty, or property without legal safeguard

selective incorporation

the piecemeal process through which the supreme court has affirmed that almost all of the protections within the bill of rights also apply to the state governments

establishment clause

first amendment protection against the government requiring citizens to join or support a religion

free exercise clause

first amendment protection of the rights of individuals to exercise and express their religious beliefs

engel v. vitale

first amendment, establishment clause

wisconsin v. yonder

first amendment, free exercise clause

schenck v. united states

first amendment, political speech, “clear and present danger” test

new york times co. v. united states

first amendment, freedom of the press, prior restraint

tinker v. des moines independent community school district

first amendment, symbolic speech

mcdonald v. chicago

second amendment, right to bear arms

gideon v. wainwright

sixth amendment, right to legal counsel

roe v. wide

constitutional right to privacy

freedom of expression

a fundamental right affirmed in the first amendment to speak, publish, and protest

clear and present danger test

legal standard that speech posing an immediate and serious threat to national security is not protected by the first amendment

prior restraint

the suppression of material prior to publication on the grounds that it might endanger national security

symbolic speech

protected expression in the form of images, signs, and other symbols

libel

an untrue written statement that injures a person’s reputation

slander

an untrue spoken expression that injures a person’s reputation

obscenity and pornography

words, images, or videos that depict sexual activity in an offensive manner and that lack any artistic merit

ex post facto laws

laws criminalizing conduct that was legal at the time it occurred

bills of attainder

a law passed by congress punishing an individual without a trial

writ of habeas corpus

a document setting out reasons for an arrest or detention

procedural due process

a judicial standard requiring that fairness be applied to all individuals equally

warrant

a document issued by a judge authorizing a search

probable cause

reasonable belief that a crime has been committed or that there is evidence of criminal activity

exclusionary rule

a rule that evidence obtained without a warrant is inadmissible in court

grand jury

a group of citizens who based on the evidence presented to them, decide whether or not a person should be indicted on criminal charges and subsequently tried in court

double jeopardy

protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction

miranda rights

the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals suspected of criminal activity

bail

an amount of money posted as a security to allow the charged individual to be freed while awaiting trial

13th amendment

prohibits slavery within the us

14th amendment

grants citizenship to all persons born or naturalized in the us and placing restrictions on state laws that sought to abridge the privileges and immunities of citizens o0f the us

equal protection clause

clause of 14th amendment that’s been used to protect the civil rights of americans from discrimination based on race, national origin, religion, gender and other characteristics

15th amendment

african american men can vote

separate but equal

the doctrine that racial segregation was constitutional so long as the facilities for blacks and whites were equal

legal segregation

the separation by law of individuals based on their race

de jure segregation

the separation of individuals based on their characteristics, such as race, intentionally and by law

de facto segregation

a separation of individuals based on characteristics that arises not by law but because of other factors, such as residential housing patterns

affirmative action

a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race or gender

social movement

large groups of citizens organizing for political change

civil disobedience

the intentional refusal to obey a law to call attention to its injustice

civil rights act of 1964

legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate

voting rights act of 1965

legislation outlawing literacy tests and authorizing the justice department to send federal officers to register voters in uncooperative cities, counties, and states

19th amendment

grants women right to vote

title IX of the higher education amendments of 1972

legislation prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in sports programs