AP gov vocab chapter 4

Civil liberties

The personal guarantees and freedoms that the government can not take away

Civil rights

The government-protected rights of individuals against discriminatory treatment by governments or individuals

Ninth amendment

Part of the Bill of Rights that made it clear that enumerating rights in the constitution does not mean that others do not exist

Tenth amendement

Part of the Bill of Rights that defines American Federalism in stating that powers not reserved to the government are reserved to the people

Due process clause

Clause contained in the fifth and fourteenth amendments guaranteeing a variety of rights to individuals

Substantive due process

Judicial interpretation of the fifth and fourteenth amendments due process clauses that protects citizens from unjust federal laws

Incorporation doctrine

An interpretation of the constitution holding that the due process clause of the fourteenth amendment requires state and local governments to guarantee the rights stated in the Bill of Rights

Selective incorporation

A judicial doctrine whereby most; but not all, protections found in the Bill of Rights are made applicable to the states via the fourteenth amendment

Fundamental freedoms

Those rights defined by the court as essential to order, liberty, and justice and are therefore entitled to the highest standard of review

First amendment

Part of the Bill of Rights that imposes a number of restrictions on the national government with respect to civil liberties

Establishment clause

The first clause of the first amendment; it directs the national government no to sanction an official religion

Free exercise clause

The second clause of the first amendment; it prohibits the U.S. government from interfering with a citizens right to practice their religion

Lemon test

Three-part test created by the Supreme Court for examining the constitutionality or religious establishment issues

A practice or policy in a state is constitutional if…

• It has a legitimate secular purpose

• It neither advances or inhibits religion

• It does not foster excessive government entanglement with religion

Prior restraint

Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact

Clear and present danger

Test articulated by the Supreme Court in Schenck v. US to draw the line between protected speech and unprotected speech

Direct incitement test

Test articulated by the Supreme Court in Brandenburg v. Ohio holding that the first amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur

Symbolic speech

Symbols, signs, and other methods or expression are generally considered protected speech

Hate speech

Any speech that belittles a person or group on the basis of characteristics

Libel

False written statement that defames a person’s character

Slander

Untrue spoken statements that define the character of a person

NYT v. Sullivan

Case in which the Supreme Court ruled that “actual malice” must be proven to support a finding of libel against a public figure

Fighting words

Words that by their very utterance inflict injury or tend to incite a breach of peace

Writs of habeas corpus

Petition requesting that a judge order authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the government's case does not persuade the judge.

Ex post facto law

Law that makes an act punishable even if the action was legal at the time it was committed

Bill of attainer

A law declaring an act illegal without a judicial trial

Fourth amendment

Part of the Bill of Rights that protects people from unreasonable searches by the federal government

Fifth amendment

Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime. Provides the right to a grand jury, prevents the government from denying natural rights, and from taking property without just compensation

Miranda v. Arizona

A landmark Supreme court case holding that the fifth amendment requires individuals to be advised of their right to remain silent and have a counsel present

Double jeopardy clause

Part of the fifth amendment that protects individuals from being tried twice for the same offense in the same jurisdiction

Exclusionary rule

Judicially created rule that prohibits police from using illegally seized evidence at trial

Sixth amendment

Part of the Bill of Rights that sets out the basic requirements of procedural dye process for federal courts to follow criminal trials

Eighth amendment

Part of the Bill of Rights that prohibits cruel and unusual punishment