U3 AP gov

Bill of Rights

The first 10 amendments to the constitution that are meant to protect individual and state rights

Also clarifies parts of the Constitution

Civil Liberties

Freedoms that can't be infringed on by the government

Civil Rights

Protections against discrimination

Arbitrary

Decisions made randomly purely based on whim or feelings not evidence

1st Amendment

The government can't sponsor or prohibit any religion (separation of church and state)

You have freedom of speech, protest, and the press

2nd amendment

Right to bear arms

Individual Liberty

A person's right to be free and independent of government intervention

Establishment Clause

Clause in 1st Amendment banning the government from sponsoring or prohibiting a religion

Free Exercise clause

You can exercise any religion you want, even no religion and the government can't stop you

Wall of Separation

Separation of church and state as Thomas Jefferson said

Secular

Separation of church and state

Majoritarian

A system of policymaking where those with a numerical majority hold authority

Engel v. Vitale 1962

Schools in New York has voluntary nondenominational prayers which violated the Establishment clause bc the schools were federally funded

Wisconsin v. Yoder (1972)

Wisconsin law states that you must attend school until you're 16, but that would directly destroy the Amish way of life, so forcing the Amish to comply goes against the Free exercise clause

Tinker v. Des Moines (1969)

Teens wore black armbands to protest the Vietnam War but were suspended if they did so, this violates student's free speech and gives students free speech rights in school

Symbolic Speech

Using symbols to communicate instead of direct communication

Social Order

How society is constructed and maintained

Time, Place, and Manner Regulations

The government can put restrictions on speech based on context like where and when

Defamation

Using false statements to ruin a person's reputation or public perception

Libel

Written Defamation

Slander

Spoken Defamation

Obscenity

Content that is offensive or indecent

Hate Speech

Discriminating someone by attacking them with speech

Schenck v. United States (1919)

A man wrote a pamphlet that essentially told people to resist conscription during WW1 so he was arrested under the Espionage Act of 1917. The Court sided with the US ruling that there are Time, Place, and Manner Restrictions on speech and Schenck's speech could've damaged the US war effort

Clear and Present Danger Test

A test to determine if speech is protected or unprotected based on if it can create a clear danger

New York Times v. US (1971)

New York Times were going to publish the Pentagon Papers which talk about US involvement in Vietnam, the Nixon Administration used prior restraint to stop this as they argued that it could damage public order, however the courts said that there was no clear or present danger so the admin violated the freedom of the press

Prior Restraint

Stopping speech before it happens, like stopping newspapers from being published

National Security

How the government keeps the country safe

8th Amendment

No cruel or unusual punishment

No excessive fines or bail

Cruel and Unusual Punishment

Punishment that exceeds the nature of the crime

Death Penalty/Capital Punishment

Punishment by being executed

4th Amendment

Freedom from unreasonable searches and seizures unless there is a warrant to do so

Communication Metadata

Data about data specifically for communication like emails and calls, data about everything but the content of the email, call, etc

Selective Incorporation

How the SCOTUS incorporates federal rights and amendments to the states

14th Amendment

Established birthright and naturalized citizenship

States can't infringe on the rights of US citizens

Infringement on rights

Limiting or stopping one's rights

McDonald v. Chicago (2010)

A man in Chicago can't own a handgun for self-defense and earlier in D.C. v. Heller it was decided that the 2nd amendment can't be infringed on federal territory, so states can't infringe on the 2nd amendment

Right to Keep and Bear arms

You can have a gun and use it for self-defense

Miranda Rule

The police must read you your constitutional rights before interrogating you, right to remain silent, right to lawyer, etc.

5th Amendment

The right to remain silent, No Double Jeopardy, and the right to due process

6th amendment

In criminal cases you have the right to a lawyer and will be provided one if needed

Right to a speedy trial

Due Process Rights

You must have a fair trial with a jury, an unbiased judge, in criminal cases you get a lawyer, you can know your accusations and evidence, the decision must be made based on evidence

Writ of Habeas Corpus

People who are detained must have a trial to see if their imprisonment was lawful

Public Safety Exception

The police can interrogate you about certain things before reading your Miranda rights if there is a danger to the public (Ex: Where's the gun?)

Unwarned Interrogation

Interrogating someone who was detained before reading their Miranda Rights, anything they confess can't be used as evidence in courts

Unreasonable Search and Seizure

The right to privacy can't be infringed unless the owner consents or there is a warrant

Right to Counsel

You can have a Lawyer in criminal cases and the state must provide one if you can't

Speedy and Public Trial

Criminal cases must happen in a reasonable time after being accused and the trial must be open to the public

Impartial Jury

A jury that is unbiased and relies on evidence

Search Warrant

A court order that allows officers to search a suspect

Patriot Act of 2001

Post 9/11 act that gives the government increased power to search people and surveillance, arguing that it's to stop terrorism

USA Freedom Act of 2015

Replaces the Patriot Act and gives the government less power over information, metadata is no longer stored by the government and is stored by the companies instead, keeps the government from infringing on the right to privacy, but gives companies more power to infringe on said rights

Due Process Clause

5th amendment clause that states that the natural rights of people can't be taken away without due process

Equal Protection Clause

Constitutional guarantee that everyone be treated equally, citizens and non-citizens

Gideon v. Wainwright (1963)

A man robbed a pool house and was arrested but wasn't provided a lawyer under Florida law despite the case being criminal, the Court stated that States must provide a lawyer in all criminal cases

Exclusionary rule

Illegally obtained evidence can't be used in court

Right to Privacy

The Government can't infringe on your privacy

Compelling State Interest

A governmental goal that is so important that it can allow the government to infringe on some rights

Constitutional Provision

A specific clause or article in the Constitution that lays powers, rights, or rules out

Social Movement

Movements to promote or resist change in social aspects of life

Letter From Birmingham jail

Letter from Martin Luther King Jr. that explains how the Equal Protection Clause relates to social movements

You might fight and demand from the oppressors, waiting and doing nothing is a bad idea

moderates care more about order than liberty and is why they might be worse than extremists

Civil Rights Movement

Movement to end racial discrimination in the US

Women's rights movement

Movement to give women equal rights with men

National Organization for Women (NOW)

A 501(c) 4 organization advocating and lobbying for gender equality, women's rights, and reproductive rights

Pro-life Movement

Mainly Conservative movement to limit or end abortion

Pro-Choice movement

Mainly Liberal movement to increase or keep abortion rights

State Citizen Interaction

How Citizens interact and influence the State

Brown v. Board of Education (1954)

A family can't send their child to a white school because she is black, and the court decided that the ruling in Plessy v. Ferguson was wrong as separate facilities are always unequal as they create a sense of inferiority, However it would take years before the ruling was fully enforced

Civil Rights act of 1964

Prohibits discrimination based on race, religion, and sex in many aspects of public life such as education or work

Title IX of the Education amendments act of 1972

Prohibits sex based discrimination in federal funded education or educational activities

Supreme Court Holding

How the SCOTUS ruled in a case

Separate but Equal Doctrine

Separate facilities based on race are equal if both facilities are equal

Majority Minority Districting

Making Districts that are Majority made up of Minority groups

Affirmative Action

Policies made to provide equal opportunity to historically disadvantaged groups

Racial Classification

The race someone is classified as