AP GOV

Civil Rights

protections by the government (right to privacy);protect individuals from discrimination; right guaranteed under due process and equal protection clause

Civil Liberties

freedoms that the government can’t take away (bill of rights)

Establishment Clause

prohibts the establishment of an official religion by the government

Free exercise clause

Guarantees freedom and prohibits the government from interfering in religious belief

Symbolic speech

nonverbal action that communicates an idea or belief

Obscenity

speech that strongly offends the prevalent morality of the time and Society

Time, place, manner

regulations that impulse restrictions such as limits on the time of day an event can be held, limits on where an event could be held, and limits on the noise level at an event

Defamation

Language that harms the reputation of another

Libel

written communication of defamation

Clear and present danger

speech can be limited when it is shown to present a danger to Public Safety

Prior restraint

the right to stop spoken or printed expression in advance; supreme Court has affirm support for a heavy presumption against this even cases involving National security

Selective incorporation

doctrine that impose limitations on state regulation of civil liberties by extending select protections of the bill of rights to the states through the due process clause of the 14th amendment

Due process

state that the government may not infringe on a person right to life,liberty or property without due process of law

Procedure due process

legal principal that requires the government to follow fair and just procedure when taking away someone's life, liberty or property

Substantive due process

protects individual rights but not explicitly mentioned in the constitution but essential (right to privacy, Marry, Procreate)

Miranda rule

requires accused persons to be informed of some procedural protections found in the Fifth and Sixth Amendments prior to interrogation

Public safety exception

allows unwarned interrogation to stand as direct evidence in court

Patriot Act

congressional legislation enacted in the wake of 9/11 designed to expand surveillance abilities of law enforcement, facilitate interagency communication, and increase penalties of acts of terrorism

USA Freedom Act

congressional legislation intended to limit bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies and end secret laws of FISA courts

Exclusionary rule

stipulates that evidence illegally seized by law enforcement officers in violation of the suspect’s Fourth Amendment rights (including the right to be free from unreasonable searches and seizures) cannot be used against that suspect in criminal prosecution

Unenumerated rights 

 recognized constitutionally protected rights that are not explicitly listed in the Bill of Rights ; include the right to privacy

Right to privacy

recognize constitutionally protected right not explicitly named in the Constitution; interpreted by the Supreme Court to be granted by the due process clause and Griswold v. Connecticut (controversial)

Roe v Wade

This Supreme Court Case held that the application of substantive due process further extended the privacy right to abortion

Dobbs v. Jackson Women’s Health Organization

overturned Roe v. Wade, holding that the Constitution does not confer a right to

abortion, leaving decisions about the regulation of abortion to legislatures

Civil Rights Movement

 a nonviolent social movement and campaign from 1954 to 1968 to abolish legalized racial segregation,discrimination, and disenfranchisement throughout the United States

Letter from Birmingham Jail

a letter by Dr. Martin Luther King Jr. stating people have a moral responsibility to break unjust laws and take direct action instead of waiting for social and racial justice through the court system ; “injustice anywhere is a threat to justice everywhere”

Women’s Rights Movement

a nonviolent social movement and campaign during the 1960s and 1970s to address gender equality and discrimination with a focus on equal employment and pay, reproductive rights, and discrimination in employment and education

National Organization of Women (NOW) 

a feminist organization which lobbies for gender equality

Pro-life movement

 an anti-abortion movement based on moral and religious grounds supporting legal restrictions and prohibitions on abortions with many believing life begins at conception

Pro-choice movement

 a movement supporting the view that women should have the legal right to an elective abortion based on a recognized right to privacy

Civil Rights Act of 1964

prohibits discrimination in public places, provides for the integration of schools and other public facilities, and makes employment discrimination illegal

Title IX of the Education Amendments Act of 1972

prohibits sex discrimination in any education program or activity receiving federal financial assistance

Voting Rights Act of 1965

prohibits racial discrimination in voting

Separate but equal doctrine

State laws and Supreme Court decisions restricting African American access to the same restaurants, hotels, schools, etc., as the majority white population

Majority-minority districting

drawing an electoral district in which the majority of constituents are racial or ethnic minorities

Affirmative Action

policies intended to address workplace and educational disparities related to race, ethnic origin, gender, disability, and age ; Supreme Court debate has focused on whether it is protected by the equal protection clause of the Fourteenth Amendment to the Constitution

Right to abortion

the Perfect study in judicial restraint versus activism, in state versus federal authority, and in majority rule versus minority rights

Malicious intent

writer deliberately published false information aiming to defame someone

Probable cause

a reasonable amount of suspicion that crime has been committed

Exceptions to warrant requirements

such as at Airport border Crossings, Public School Principles Only need reasonable cause, and if people gave consent

Inevitable Discovery

included in the exclusionary rule; applies to evidence police find in an unlawful search but would be found in a later, lawful search

Good faith exception

included in the exclusionary rule; it address police searches that have a warrant but is later found unconstitutional

Equal protection clause

no state shall deny any person within its jurisdiction the equal protection of the laws. This clause serves as a critical tool in addressing discrimination and promoting fairness, especially regarding social movements, minority rights, and affirmative action efforts

Hyde Amendments

Restricts federal funding for abortions, except cases of incest, rape, and if it endangers the mothers life

Ideological changes in the membership causes

decisions to evolve

Right to petition

allows individuals and groups to communicate directly with members of the government to express their opinions.

Freedom of the press includes

a heavy presumption against government censorship, and the documents can be published by the press.

Mcdonald v Chicago is an example of

Selective incorporation

While a right to privacy is not explicitly named in the Constitution, what clause has the court used to protect this right from state infringement?

the due process clause of the FOURTEENTH Amendment

In Wisconsin v. Yoder how did the Supreme Court's decision address state interests and individual rights?

It balanced the state’s interest in compulsory education with the students’ free exercise rights.

Limited government

 a government’s power cannot be absolute; The ideal of limited government is ensured by the interaction of these principles: 1.Separation of powers 2.Checks and balances 3.Federalism 4.Republicanism

Natural rights

all people have certain rights that cannot be taken away; life, liberty, property

Popular sovereignty

 all government power comes from the consent of its people

Republicanism

the democratic principle that the will of the people is reflected in government debates and decisions by their representatives

Social contract

an implicit agreement among the people in a society to give up some freedoms to maintain social order

Representative democracy

 a system of government in which all eligible citizens to vote on representatives to make public policy for them: Participatory democracy, Pluralist democracy, Elite democracy

Participatory democracy

emphasizes broad participation in politics and civil society

Pluralist democracy

interest groups compete for influence over policy decisions

Elite democracy

emphasizes limited participation in politics and civil society

Anti-Federalist

opposed the ratification of the Constitution and wanted more power reserved to state governments rather than a strong central government

Federalist

 a system of government in which power is vested in the people and exercised by them directly or through freely elected representatives

Shay’s Rebellion 

an armed uprising in western Massachusetts against high taxation and insufficient economic policies that exposed concern over the weaknesses of the national government under the Articles of Confederation

Great (Connecticut) Compromise

created a bicameral system of congressional representation with the House of Representatives based on each state’s population and the Senate representing each state equally

Electoral College

created a system for electing the president by electors from each state rather than by popular vote or by congressional vote

Constitutional Convention

a meeting of delegates from the several states in 1787 intended to revise the Articles of Convention and ultimately drafted the United States Constitution in establishing a stronger central governmen

Separation of powers

specific and separate powers delegated to Congress, the president, and the courts allow each branch to check and balance the power of the other branches, ensuring no one branch becomes too powerful ; creates multiple access points for stakeholders and institutions to influence public policy

Checks and balances

allow legal actions to be taken against public officials deemed to have abused their power

Impeachment

the House formally charges an official with abuse of power or misconduct

Federalism

power is shared between the national and state governments

Enumerated powers 

written in the Constitution

Implied powers 

not specifically written in the Constitution but are inferred from the Necessary and Proper Clause

Reserved powers 

those not delegated or enumerated to the national government but are reserved to the states, as stated in the Tenth Amendment

Concurrent powers

shared between both levels of government such as the power to collect taxes, the power to make and enforce laws and the power to build roads

Revenue sharing

national funding with almost no restrictions to the states on its use, least used form of funding

Categorical grants

 national funding that is restricted to specific categories of expenditures, most common form of funding 

Block grants

national funding with minimal restrictions to the states on its use and is preferred by the states

Mandates

requirements by the national government of the states

Commerce clause

gives the national government the power to regulate interstate commerce, but Supreme Court interpretations can influence the extent of this power

Necessary & Proper clause / Elastic clause 

gives Congress the power to make laws related to carrying out its enumerated powers, but Supreme Court interpretations can influence the extent of these powers.

Supremacy Clause 

 gives the national government and its laws general precedence over states’ laws

Brutus is most concerned with the conflict between

Participatory democracy and elite democracy

The method chosen for electing members of the House of Representatives conforms most to which of the following democratic ideals?

Government should be based on the consent of the governed.

Formal power

power delegated to a branch of government explicitly listed in the U.S. Constitution

Informal power

powers not listed in the U.S. Constitution but implied or granted

Senate (5)

• designed to represent states equally

• has 100 members and debate is less formal than the House

• One-third of the Senate is elected every two years, creating a continuous legislative body

• bills are typically brought to the floor by unanimous consent, but a Senator may request a hold on a bill to prevent it from getting to the floor for a vote

• During debate, a Senator can use the filibuster or make a motion for cloture

House (7)

• designed to represent the people

• Debate in the House, which has 435 members, is more formal than in the Senate

• all House members are elected every two years

• All revenue bills must originate in the House

• Rules for debate in the House on a bill are established by the Rules Committee

• The House can form a Committee of the Whole in order to expedite debate on bills

• An individual representative in the House can file a discharge petition to have a bill brought to the floor for debate, but it is rarely done

Federal budget

generated by Congress to address both mandatory and discretionary spending

Oversight

Congressional authority to ensure legislation is implemented as intended, including:

• review, monitoring, and supervision of bureaucratic agencies

• Investigation and committee hearings of bureaucratic activity

• Power of the purse ; serves as a check of executive authorization

Speaker of the House

elected by a majority of House members and presides over the legislative work in the House

Committee

• holds hearings and debate and mark up bills with revisions and additions

• leadership in committees is determined by the majority political party

• a majority of bills do not pass committees to floor debate and vote

Rules Committee

establishes rules for debate on a bill in the House

Committee of the Whole 

a committee formed in the House to expedite debate on bills

Discharge petition

a filing by a House member to have a bill brough to the floor for debate, but rarely done

Unanimous consent

a typical Senate procedure to bring bills to the floor for debate and vote

Conference committee

meets when a bill passed by both chambers on the same topic has variation in its wording and attempt to reconcile those differences

Mandatory spending

 required by law for entitlement programs such as Social Security, Medicare, and Medicaid

Entitlements

any government-provided or government-managed benefit or service to which some or all individuals are entitled

Social Security

a social insurance program funded by a payroll tax on current employers and employees to be redistributed to qualifying individuals for retirement, disability, or survivor benefits

Discretionary spending 

• approved on an annual basis for defense spending, education, and infrastructure

• as entitlement costs grow, discretionary spending opportunities will decrease unless tax revenues increase, or the budget deficit increases

Infrastructure

 a set of facilities, structures, and utilities developed, owned, operated, and maintained by the federal, state, and/or municipal government ; includes highways, airports, public transportation, water and sewage systems