ap gov unit 2

civil liberties

Individual freedoms protected from government interference

civil rights

Protections against discrimination and guarantees of equal treatment under the law.

selective incorporation

The process of applying the Bill of Rights to state governments through the 14th Amendment.

total incorporation

The idea that all protections in the Bill of Rights should automatically apply to states. The Supreme Court has not adopted this approach.

due process clause

The 5th and 14th Amendments prevent the government from taking away life, liberty, or property without fair legal procedures.

equal protection clause

The 14th Amendment requires states to treat people equally under the law.

1st amendment

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

2nd amendment

Protects the right to keep and bear arms.

3rd amendment

Prevents the government from forcing citizens to house soldiers in their homes during peacetime.

4th amendment

Protects against unreasonable searches and seizures.

5th amendment

Protects against self-incrimination and double jeopardy, guarantees due process, and protects property rights.

6th amendment

Guarantees the right to a speedy and public trial, an impartial jury, an attorney, and to confront witnesses.

7th amendment

Guarantees jury trials in certain federal civil cases.

8th amendment

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

9th amendment

States that people have rights beyond those specifically listed in the Constitution.

10th amendment

Powers not given to the federal government are reserved for the states or the people.

14th amendment

Guarantees citizenship, due process, and equal protection under the law. It is the basis for selective incorporation.

establishment clause

Prevents the government from establishing or officially supporting a religion.

free exercise clause

Protects people's right to practice their religion without unreasonable government interference.

separation of church and state

The principle that government and religious institutions should remain separate.

engel v vitale

A public school encouraged students to recite a government-written prayer, and the Court ruled that government-sponsored prayer in public schools violates the Establishment Clause.

wisconsin v yoder

Amish parents refused to send their children to high school because of their religious beliefs, and the Court ruled that forcing attendance violated their Free Exercise rights.

protected speech

Speech protected by the First Amendment, including political opinions and peaceful protests.

unprotected speech

Certain speech that receives little or no First Amendment protection, such as true threats and incitement to imminent lawless action.

clear and present danger test

An older standard allowing speech to be restricted if it creates a serious and immediate danger.

schenck v united states

disillusioned guy distributed leaflets encouraging men to resist the WWI draft, and the Court upheld restrictions on speech that created a clear and present danger.

imminent lawless action

legal standard set by the U.S. Supreme Court that defines the point at which speech loses First Amendment protection and can be punished by the government

brandenburg v ohio

A KKK leader gave a speech advocating violence, and the Court ruled that speech can only be punished if it is intended and likely to cause imminent lawless action.

symbolic speech

Expressing ideas through actions or symbols rather than spoken or written words.

tinker v des moines

Students were suspended for wearing black armbands to protest the Vietnam War, and the Court ruled that student symbolic speech is protected unless it substantially disrupts school

prior restrain

Government censorship that prevents information from being published before it is released.

libel

Written false statements that damage someone's reputation.

slander

Spoken false statements that damage someone's reputation.

new york times v united states

The government tried to prevent newspapers from publishing the Pentagon Papers, and the Court ruled that the government could not censor their publication without strong justification

exclusionary rule

Evidence obtained illegally by police cannot generally be used in court.

mapp v ohio

Police searched a woman’s home illegally and used the evidence to convict her, and the Court ruled that illegally obtained evidence cannot generally be used in court

USA PATRIOT act

Expanded government surveillance and investigative powers to fight terrorism.

USA FREEDOM act

Limited certain government surveillance practices and increased oversight of intelligence collection.

double jeopardy

5th amendment bans being tried for twice for the same crime

miranda rights

Police must inform people in custody of their rights before questioning them.

miranda v arizona

a man confessed without being informed of his rights, and the Court ruled that police must inform suspects in custody of their right to remain silent and have an attorney before interrogation

gideon v wainwright

a man accused of theft could not afford an attorney for his felony trial, and the Court ruled that states must provide attorneys to defendants who cannot afford them in serious criminal cases.

griswold v connecticut

A married couple challenged Connecticut's ban on contraception, and the Court recognized a constitutional right to privacy that protected access to contraception

dobbs v jackson womens health organization

Mississippi challenged Roe's abortion protections with a 15-week abortion ban, and the Court overturned Roe, returning abortion regulation largely to the states

obergefell v hodges

Same-sex couples challenged state bans on same-sex marriage, and the Court ruled that the 14th Amendment protects the right to same-sex marriage

civil rights act of 1964

Banned discrimination based on race, color, religion, sex, or national origin in areas including public accommodations and employment.

voting rights act of 1965

Prohibited racial discrimination in voting and targeted practices such as literacy tests and grandfather clause

24th amendment

Prohibited poll taxes in federal elections.

separate but equal

The idea that racial segregation was constitutional if facilities were supposedly equal.

plessy v ferguson

a man challenged Louisiana's racial segregation law, and the Court upheld segregation under the "separate but equal" doctrine

brown v board of ed

Black students challenged racial segregation in public schools, and the Court ruled that separate public schools are inherently unequal and violate the Equal Protection Clause

de jure segregation

Racial separation caused by laws or official government policies.

de facto segregation

Racial separation that happens through social or economic circumstances rather than laws.

affirmative action

Policies intended to expand opportunities for groups historically disadvantaged by discrimination.

Reverse Discrimination

A term used to describe claims that policies intended to help disadvantaged groups unfairly discriminate against other groups.

regents of the university of california v bakke

a man challenged UC Davis Medical School's racial admissions quotas, and the Court ruled that strict racial quotas were unconstitutional, although race could be considered as one factor at the time

gratz v bollinger

Applicants challenged the University of Michigan's automatic admissions points for minority students, and the Court ruled that automatically awarding points based on race was unconstitutional

grutter v bollinger

Barbara Grutter challenged the University of Michigan Law School's race-conscious admissions, and the Court upheld considering race as one factor in individualized admissions at the time

students for fair admissions v harvard

Students challenged race-conscious college admissions programs, and the Court ruled that the programs violated federal law or the Equal Protection Clause, greatly restricting affirmative action in admissions

19th amendment

gave right to vote regardless of sex

equal rights amendment (era)

Proposed amendment intended to guarantee equal legal rights regardless of sex. It has not been ratified.

title ix

Federal law prohibiting sex discrimination in federally funded education programs.

mcdonald v chicago

Otis McDonald challenged Chicago's handgun restrictions, and the Court ruled that the Second Amendment applies to state and local governments through the 14th Amendment.

district of columbia v heller

Dick Heller challenged Washington, D.C.'s handgun restrictions, and the Court ruled that individuals have a Second Amendment right to possess firearms for lawful purposes, including self-defense at home.

habeas corpus

legal procedure invoking the jurisdiction of a court to determine whether a detention or imprisonment is lawful

bill of attainder

legislative act that declares a person or a group of people guilty of a crime and punishes them without a judicial trial or due process which is unconstitutional

inevitable discovery

exception to the exclusionary rule

procedural due process

methods by which law is enforced, not law itself but how it is applied

speedy and public trial, impartial jury, informed of charged, confront and call witnesses, assistance of counsel (lawyer)

five rights under 6th amendment

bostock v clayton county

Employees were fired for being gay or transgender, and the Supreme Court ruled that Title VII's ban on sex discrimination also protects against discrimination based on sexual orientation and gender identity. This expanded federal workplace protections for LGBTQ+ employees.

webster v reproductive health services

Missouri passed restrictions on abortion, and the Supreme Court upheld most of them, allowing states to place greater limits on abortion. This weakened some protections established by Roe v. Wade.

the national organization for women (NOW)

a feminist organization that advocates for gender equality, including equal pay, reproductive rights, and ending discrimination against women.

national right to life

An anti-abortion organization that advocates for laws restricting abortion through political activism, lobbying, and public education

national association for the repeal of abortion laws (NARAL)

an organization that advocates for abortion rights and reproductive freedom through political activism and lobbying.

early money is like yeast (emily’s list)

This phrase means that early campaign donations attract more donors and help campaigns gain momentum, supports Democratic women candidates who support abortion rights.

lawrence v texas

had a law criminalizing consensual same-sex relationships, but the Supreme Court ruled that it violated the 14th Amendment's Due Process Clause. This protected private same-sex relationships and expanded LGBTQ+ rights.

west virginia v BPJ

West Virginia passed a law banning transgender girls from competing on girls' school sports teams, and a transgender student challenged it under Title IX and the 14th Amendment. The Supreme Court upheld the ban, ruling that states can restrict participation in girls' sports based on biological sex, allowing similar state laws to remain in effect.

equal pay act

federal law requiring employers to pay men and women equally for substantially equal work. It was created to reduce gender-based wage discrimination

title vii of civil rights act

Prohibits employment discrimination based on race, color, religion, sex, or national origin. It protects workers in areas such as hiring, firing, promotions, and workplace treatment.