AP Government Unit 3 Flashcards

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Clear and Present Danger Test

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42 Terms

1

Clear and Present Danger Test

A test used to determine if free speech is constitutional, based on whether it poses a clear and present danger.

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2

Lemon Test

A test used to determine if a law hinders religious freedom, based on whether it creates long-term entanglement and is rooted in history and traditions.

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3

Civil Liberties

Limitations on government power intended to protect the freedoms upon which governments may not legally intrude.

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4

Civil Rights

Guarantees that government officials will treat people equally and make decisions based on merit rather than personal characteristics.

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5

Selective Incorporation

The extension of amendments and clauses to protect citizens from the state they live in.

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6

Due Process Clause

The clause that prohibits states from depriving any person of life, liberty, or property without due process of law.

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7

Equal Protection Clause

The clause that requires states to practice equal protection under the law.

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8

First Amendment

Protects freedom of religion, speech, press, assembly, and petition.

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9

Establishment Clause

Prohibits the government from establishing or favoring any religion.

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10

Free Exercise Clause

Protects the right to practice any religion or no religion at all.

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11

Prioritized free exercise of religion over state interests

The principle that the free exercise of religion takes precedence over the interests of the state.

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12

Pure Speech

Protected form of speech that includes verbal expression of ideas and opinions.

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13

Symbolic Speech

Protected form of speech that includes non-verbal expression, such as wearing clothing or displaying signs.

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14

Tinker v

Supreme Court case that ruled in favor of students' right to free speech, establishing the "clear and present danger test."

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15

Schenck v

Supreme Court case that upheld the conviction of a man distributing anti-draft pamphlets during World War I, establishing the "clear and present danger test."

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16

New York Times v

Supreme Court case that ruled in favor of the New York Times' right to publish classified information, establishing a presumption against prior restraint.

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17

Second Amendment

Protects the right to bear arms.

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18

D.C

Supreme Court case that ruled in favor of an individual's right to own a handgun for self-defense.

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19

McDonald v

Supreme Court case that extended the Second Amendment right to bear arms to the states.

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20

Sixth Amendment

Protects the right to counsel, a speedy trial, and an impartial jury.

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21

Gideon v

Supreme Court case that established the right to counsel for defendants who cannot afford one.

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22

Miranda v

Supreme Court case that established the Miranda warning, which informs suspects of their rights during police interrogations.

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23

Exclusionary Rule

A rule that prohibits the use of illegally obtained evidence in a criminal trial.

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24

Right to privacy

The right to be free of government intrusion into our personal life, particularly within the bounds of the home.

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25

4th Amendment

The amendment in the Bill of Rights that protects against unreasonable searches and seizures.

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26

9th Amendment

The amendment in the Bill of Rights that states that the enumeration of certain rights shall not be construed to deny or disparage others retained by the people.

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27

Griswold v

A Supreme Court case that established a right to privacy in the context of reproductive rights and birth control.

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28

Roe v

A Supreme Court case that legalized abortion in the United States, based on the right to privacy.

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29

Rational Basis Test

A standard of review used by courts to determine the constitutionality of a law or policy, where the discriminatory act or law is acceptable if it is rationally related to a legitimate government interest.

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30

Intermediate Scrutiny

A standard of review used by courts to determine the constitutionality of a law or policy, where the government must advance a substantial or important governmental interest in a narrowly tailored way.

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31

Strict Scrutiny

A standard of review used by courts to determine the constitutionality of a law or policy, where the burden of proof is on the government to demonstrate a compelling governmental interest in treating people from one group differently.

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32

Brown v

A Supreme Court case that struck down the "separate, but equal" principle established in Plessy v. Ferguson and paved the way for desegregation in public schools.

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33

Civil Rights Act of 1964

A federal law that prohibits discrimination on the basis of race, color, religion, sex, or national origin.

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34

Voting Rights Act

A federal law that prohibits racial discrimination in voting.

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35

19th Amendment

The amendment to the United States Constitution that granted women the right to vote.

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36

Equal Rights Amendment

A proposed amendment to the United States Constitution that would mandate equal treatment for all regardless of sex.

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37

Title IX

A federal law that prohibits sex discrimination in educational institutions that receive federal aid.

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38

Planned Parenthood v

A Supreme Court case that upheld the right to abortion established in Roe v. Wade, but allowed states to regulate abortions to protect the health of the mother and the life of the fetus.

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39

Lawrence v

A Supreme Court case that struck down anti-sodomy laws and established a right to privacy for same-sex couples.

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40

Obergefell v

A Supreme Court case that legalized same-sex marriage nationwide, based on the right to marry as a fundamental right.

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41

Section 504 of the Rehabilitation Act of 1973

A federal civil rights law that prohibits discrimination based on disability in any program or activity operated by recipients of federal funds.

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42

Individuals with Disabilities Education Improvement Act of 2004 (IEPs)

A federal law that ensures special education and related services to eligible children with

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