AP Gov unit 3

Civil Liberties

Fundamental individual rights and freedoms protected from government interference, such as freedom of speech, religion, and press.

Civil Rights

The rights of citizens to political and social equality under the law; protections against discrimination based on race, gender, or other characteristics.

Selective Incorporation

The process by which the Supreme Court applies parts of the Bill of Rights to the states using the Fourteenth Amendment’s Due Process Clause.

Incorporation Doctrine

The legal concept that ensures most of the Bill of Rights applies to the states through the Fourteenth Amendment.

First Amendment (FA)

Guarantees freedoms concerning religion, expression, assembly, and the right to petition the government.

Freedom of Speech

The right to express opinions without government interference or censorship.

Freedom of the Press

The right of journalists and media to publish news, ideas, and opinions without government control.

Freedom of Petitioning the Government

The right to make complaints or seek assistance from one’s government without fear of punishment.

Freedom of Assembly

The right to hold public meetings and form associations without interference.

Freedom of Religion

The right to practice any religion or no religion at all, without government interference.

Clear and Present Danger Test

A standard established by the Supreme Court to determine when speech can be limited if it poses a clear and immediate threat to public safety or order.

Slander

Spoken false statements that damage a person’s reputation.

Libel

Written false statements that damage a person’s reputation.

Obscenity

Speech or material that depicts sexual conduct in an offensive way and lacks serious literary, artistic, political, or scientific value.

Preferred Position Doctrine

The idea that First Amendment freedoms hold a preferred position and should rarely be limited.

Prior Restraint

Government action that prevents material from being published; generally unconstitutional.

Shield Laws

Laws that protect journalists from revealing confidential sources in court.

Three-Part Obscenity Test (Miller Test)

From Miller v. California (1973), it defines when material is obscene based on community standards, offensive content, and lack of value.

Freedom of Association

The right to join or form groups, clubs, or political organizations.

The Establishment Clause

Part of the First Amendment; prohibits the government from establishing an official religion or favoring one religion over another.

Lemon Test

A test from Lemon v. Kurtzman (1971) used to determine if a law violates the Establishment Clause (must have secular purpose, neither advance nor inhibit religion, and avoid excessive entanglement).

Probable Cause

Reasonable grounds for making a search, pressing a charge, or arresting someone.

Search Warrant

A legal document authorizing police to search premises and seize evidence.

Exclusionary Rule

Evidence obtained illegally cannot be used in court.

Objective Good Faith

If police believe they are acting according to a valid warrant, evidence may be allowed even if the warrant is later found invalid.

Inevitable Discovery Rule

Illegally obtained evidence is admissible if it would have been discovered lawfully anyway.

Exigent Circumstances

Situations where police can search without a warrant because of an emergency.

Grand Jury

A group of citizens that decides whether there is enough evidence for a criminal indictment.

Double Jeopardy

Being tried twice for the same crime; prohibited by the Fifth Amendment.

Eminent Domain

The government’s power to take private property for public use, with fair compensation.

Due Process of Law

The constitutional guarantee that legal proceedings will be fair and that individuals will be given notice and an opportunity to be heard.

Rights Granted to the Accused

Include the right to counsel, fair trial, jury, to remain silent, and protection against cruel punishment.

Self-Incrimination

The act of implicating oneself in a crime; the Fifth Amendment protects against being forced to do so.

Habeas Corpus

The legal requirement that an arrested person must be brought before a judge to determine if their detention is lawful.

The Right to a Speedy Trial

Guaranteed by the Sixth Amendment to prevent prolonged imprisonment before trial.

Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishment.

Cruel and Unusual Punishment

Punishment that is too severe for the crime or violates human dignity.

Implied Right to Privacy

The idea that the Constitution implicitly guarantees privacy, based on various amendments (e.g., Griswold v. Connecticut).

Emancipation Proclamation

1863 order by President Abraham Lincoln freeing enslaved people in Confederate states.

Due Process (14th Amendment)

Protects individuals from unfair treatment by state governments.

Equal Protection Clause

Part of the Fourteenth Amendment; requires states to treat all people equally under the law.

Dred Scott Case (1857)

Supreme Court decision declaring African Americans were not citizens and Congress could not prohibit slavery in territories.

Jim Crow Laws

State and local laws enforcing racial segregation in the Southern United States.

Poll Taxes

Fees charged to vote, used to disenfranchise African Americans and poor whites.

Grandfather Clauses

Allowed individuals to vote only if their ancestors had voted before Reconstruction, excluding Black voters.

De Facto Segregation

Racial separation that occurs naturally by social or economic conditions, not by law.

De Jure Segregation

Racial separation enforced by law.

Affirmative Action

Policies that give preference to historically marginalized groups in employment or education to promote equality.

Reverse Discrimination

The claim that affirmative action unfairly disadvantages majority groups.

Family and Medical Leave Act (FMLA)

Federal law allowing workers to take unpaid leave for family or medical reasons without losing their job.

Equal Rights Amendment (ERA)

Proposed amendment to guarantee equal legal rights for all U.S. citizens regardless of sex (not ratified).

Civil Rights Restoration Act (1987)

Expanded the reach of civil rights laws to include entire institutions receiving federal funds.

Sexual Harassment

Unwanted sexual advances or behavior creating a hostile work or school environment.

Abortion

The termination of a pregnancy; linked to privacy rights debates (e.g., Roe v. Wade).

Judicial Review

The Supreme Court’s power to declare laws or government actions unconstitutional (Marbury v. Madison).