AP Gov Unit 3

"Fighting words"

Words that directly tend to cause violence, and are therefore not protected under the First Amendment

"Right to Privacy"

A constitutional principle inferred from various amendments, that protects individuals from unwarranted government intrusion into into their personal lives, including their thoughts, beliefs, communications, and actions, essentially guaranteeing a degree of personal secrecy and autonomy

"Separate but Equal" doctrine

A legal principle that upheld racial segregation in public facilities

"Letter from a Birmingham Jail"

an open letter written by Martin Luther King Jr. while incarcerated in Birmingham, Alabama, where he was protesting segregation

14th Amendment

Guarantees equal protection under the law and citizenship to all people born in the United States

15th Amendment

Prohibits any state or the federal government from denying a citizen the right to vote based on their "race, color, or previous condition of servitude

19th Amendment

Prohibits the federal and state governments from denying citizens the right to vote based on their sex

1st Amendment

The protection of fundamental freedoms including freedom of speech, religion, press, assembly, and the right to petition the government

24th Amendment

Prohibits the use of poll taxes in federal elections

26th Amendment

Lowered the national voting age to 18

2nd Amendment

Protects an individual's right to keep and bear arms for personal defense

4th Amendment

Protects citizens from unreasonable searches and seizures by the government

5th Amendment

Protects individuals from self-incrimination and guarantees due process of law (right to remain silent)

6th Amendment

Guarantees certain rights to criminal defendants, including the right to a speedy and public trial by an impartial jury, the right to be informed of the charges against them, the right to confront witnesses, and the right to legal counsel for their defense

7th Amendment

Guarantees the right to a jury trial in federal civil cases where the value in controversy exceeds twenty dollars

8th Amendment

Protecting individuals from unduly harsh penalties in the criminal justice system

9th Amendment

The enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people, essentially meaning that just because a right isn't explicitly listed, it still exists and is protected by the Constitution

Affirmative Action

A policy in educational admissions or job hiring that gives special attention or compensatory treatment to traditionally disadvantaged groups in an effort to overcome present effects of past discrimination

Americans with Disabilities Act

Prohibits discrimination against people with disabilities in everyday activities

Arbitrary

Actions taken by governmental authorities that are based on random choice or personal whim

Bill of Rights

The first ten amendments of the Constitution, which explicitly guarantee certain individual liberties and rights to citizens by limiting the power of the federal government

Brown v. Board of Education (1954)

A landmark Supreme Court case from 1954 that ruled racial segregation in public schools to be unconstitutional

Busing

In the context of civil rights, the transportation of public school students from areas where they live to schools in other areas to eliminate school segregation based on residential racial patterns

Citizen state interactions

the ways in which individuals, as citizens, engage with their state government through activities like voting to influence policy decisions and hold the government accountable

Civil Liberties

Those personal freedoms that are protected for all individuals. They involve retraining the government's actions against individuals

Civil Rights

All rights rooted in the Fourteenth Amendment's guarantee of equal protection under the law

Civil Rights Act of 1964

Prohibits discrimination based on race, color, religion, sex, or national origin

Civil Rights Movement

A social and political movement in the 1950s and 1960s aimed at ending racial discrimination

Class-action suit

A lawsuit filed by an individual seeking damages for "all persons similarly situated"

Clear and Present Danger Test

The test proposed by Justice Oliver Wendell Holmes for determining when government may restrict free speech. Restrictions are permissible, he argued, only when speech creates a clear and present danger to the public order

Compelling state interest

A legal standard where the government must demonstrate a vital and necessary public purpose to justify restricting individual rights

Constitutional provision

A specific clause or section in a constitution that outlines the rights, responsibilities, and powers of government institutions

Cruel and Unusual punishment

Refers to penalties that are considered inhumane, degrading, or excessively harsh for the crime committed

De facto segregation

Racial segregation that occurs because of past social and economic conditions and residential racial patterns

De jure segregation

Racial segregation that occurs because of laws or administrative decisions by public agencies

Death penalty

The legal process where a person is executed by the state as a punishment for a crime considered severe enough to warrant such a consequence

Defamation of Character

Wrongfully hurting a person's good reputation. The law imposes a general duty on all persons to refrain from making false, defamatory statements about others

Double Jeopardy

Prohibits an individual from being tried twice for the same offense after a verdict has been reached

Due Process Clause

A constitutional guarantee found in the 14th Amendment that ensures individuals cannot be deprived of life, liberty, or property without fair legal procedures

Due Process Rights

The constitutional guarantee, found in the 14th Amendment's Due process clause, that requires that a state must respect all legal rights owed to a person, ensuring fair treatment through the judicial system

Engel v. Vitale (1962)

Ruled it unconstitutional for state officials to compose an official school prayer as it violates the First Amendment's Establishment Clause

Equal Protection Clause

14th amendment clause that mandates that no state shall deny any person within its jurisdiction the equal protection of the laws

Equal Rights Amendment

A proposed amendment to the constitution that would explicitly guarantee equal legal rights for all citizens regardless of sex

Establishment Clause

The part of the First Amendment prohibiting the establishment of a church officially supported by the national government. It is applied to questions of state and local government aid to religious organizations and schools, the legality of allowing or requiring school prayers, and the teaching of evolution versus intelligent design

Exclusionary Rule

A policy forbidding the admission at trial of illegally seized evidence

Free Exercise Clause

The provision of the First Amendment guaranteeing the free exercise of religion

Gender Discrimination

Any practice, policy, or procedure that denies equality of treatment to an individual or to a group because of gender

Gideon v. Wainwright (1963)

Expanded the rights of the accused through selective incorporation of the sixth amendment; all state courts must provide lawyers for defendants who cannot afford to hire their own

Grandfather Clause

A device used by Southern states to disenfranchise African Americans. It restricted voting to those whose grandfathers had voted before 1867

Hate speech

Hate speech refers to any form of communication that attacks or discriminates against a person or group based on attributes like race, religion, ethnicity, sexual orientation, disability, or gender

Impartial Jury

A group of jurors selected to hear a legal case, who are unbiased and fair, ensuring that the accused receives a fair trial

Incorporation Doctrine

A constitutional doctrine that ensures that the rights and freedoms guaranteed by the Bill of Rights are applied to the states

Incorporation Theory

The view that most of the protections of the Bill of Rights apply to state governments through the Fourteenth Amendment's due process clause

Individual liberty

The personal freedoms and rights that each person possesses, allowing them to act according to their own will

Infringement

The act of violating or encroaching upon someone's rights or freedoms

Jim Crow Laws

Laws enacted by Southern states that enforced segregation in schools, on transportation, and in public accommodations

Lemon Test

A legal standard used to determine whether a law or government action violates the Establishment Clause of the First Amendment

Libel

A written defamation of a person's character, reputation, business, or property rights

Literacy test

A test administered as a precondition for voting, often used to prevent African Americans from exercising their right to vote

Litigate

To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit

McDonald v. Chicago (2009)

Ruled the Second Amendment right to keep and bear arms is applicable to state and local governments through the Fourteenth Amendment's Due Process Clause

Miranda rights (rule)

The legal rights that law enforcement must inform a suspect of before interrogation, ensuring that individuals are aware of their right to remain silent and to have legal counsel

National Organization of Women (NOW)

A feminist advocacy group founded in 1966 aimed at promoting women's rights and equality

National security

The protection and defense of a nation's sovereignty, territorial integrity, and interests against external threats

New York Times v. United States (1971)

Established a strong precedent for freedom of the press by ruling that the government cannot prevent the publication of classified information, like the "Pentagon Papers," without demonstrating a compelling reason to do so, essentially limiting the government's ability to use prior restraint against the press

Non suspect Classification

A category of people that is not considered to be at high risk for unfair discrimination by the government

Oral arguments

The verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons to the court why the court should rule in her or his client's favor

Original intent

Advocated for courts to limit their own power and refrain from overturning laws unless they are clearly unconstitutional

Patriot Tax

Passed after 9/11 allowing for increased government surveillance powers to combat terrorism: implying a potential tax levied specifically to fund these enhanced security measures

Poll Tax

A special tax that must be paid as a qualification for voting. The twenty-fourth amendment outlawed the poll tax in national elections and in 1966, the Supreme Court declared it unconstitutional in all elections

Precedent

Legal decisions or rulings that establish a principle or rule that can be followed in future similar cases

Prior Restraint

A legal doctrine that prohibits the government from prohibiting speech or other expression before it takes place.

Probable Cause

A legal standard that requires law enforcement to have sufficient reason to believe that a crime has been, is being, or will be committed