Unit 2 vocab AP USGOV

1st Amendment

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

2nd Amendment

Protects the right to bear arms.

3rd Amendment

Prohibits the forced quartering of soldiers in homes during peacetime.

4th Amendment

Protects against unreasonable searches and seizures.

5th Amendment

Protects against self-incrimination, double jeopardy, and mandates due process.

6th Amendment

Guarantees the right to a speedy and public trial, legal counsel, and an impartial jury.

7th Amendment

Guarantees the right to a jury trial in civil cases over a certain amount.

8th Amendment

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

9th Amendment

Asserts that rights not explicitly listed in the Constitution are still protected.

10th Amendment

Reserves powers not delegated to the federal government for the states.

14th Amendment: Due Process

Extends due process and equal protection under the law to state actions.

Eminent Domain

The government's power to take private property for public use with compensation.

Selective Incorporation

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

Symbolic Free Speech

Nonverbal expression protected under the First Amendment (e.g., flag burning).

Prior Restraint

Government action preventing the publication of speech before it occurs.

Unprotected Free Speech

Forms of speech not given constitutional protection (e.g., threats, inciting violence).

Obscenity

Indecent or offensive speech that lacks serious value, determined by the Miller Test.

Libel

False, published statements that damage a person's reputation.

Slander

False, spoken statements that damage a person's reputation.

"Right to Privacy"

Implied right protecting personal autonomy (e.g., Roe v. Wade).

Lemon Test

A test to determine if a law violates the Establishment Clause.

Miller Test

A three-part test to determine if material is legally obscene.

Miranda Rights

Rights read to arrested individuals to inform them of their legal protections.

Establishment Clause

Prohibits the government from establishing an official religion.

Free Exercise Clause

Protects individuals' rights to practice their religion freely.

Double Jeopardy

Prohibits being tried twice for the same crime.

Due Process Rights

Legal protections ensuring fair treatment under the law.

Unreasonable Search and Seizure

Protects against arbitrary searches without probable cause.

Exclusionary Rule

Prohibits the use of illegally obtained evidence in court.

Activist Approach

Judicial philosophy advocating for interpreting the Constitution in light of modern circumstances.

Restraint Approach

Judicial philosophy emphasizing strict adherence to the Constitution's original meaning.

Amicus Curiae

"Friend of the court" brief filed by an interested third party to influence a case.

Appeal

A request to a higher court to review a lower court's decision.

Appellate Jurisdiction

The authority of a court to review decisions from lower courts.

Attorney General

The head of the Department of Justice and chief law enforcement officer.

Checks and Balances

The system ensuring no branch of government becomes too powerful.

Class Action

A lawsuit where a group sues on behalf of others in similar circumstances.

Circuit Courts

Federal appellate courts that review district court decisions.

Concurring Opinion

An opinion agreeing with the majority but for different reasons.

Dissenting Opinion

An opinion disagreeing with the majority decision in a case.

Majority Opinion

The official ruling in a Supreme Court case, explaining the reasoning.

Constitutional Interpretation

The process of determining the meaning of the Constitution.

Court of Appeals

Intermediate federal courts reviewing district court decisions.

District Courts

The lowest level of federal courts where trials occur.

Dissent

A disagreement with the majority decision in a court ruling.

Dual Court System

The coexistence of federal and state court systems.

Dual Sovereignty

The principle allowing state and federal governments to prosecute for the same act.

Dual Federalism

A system where state and federal powers remain distinct.

Federal Question Cases

Cases involving constitutional or federal law issues.

Fee Shifting

A legal rule allowing the losing party to pay the winner's attorney fees.

In Forma Pauperis

A procedure allowing indigent individuals to file cases without fees.

Judicial Review

The power of courts to declare laws unconstitutional.

Jurisdiction

The authority of a court to hear and decide cases.

Judicial Insulation

The principle that judges are protected from political influence.

Litmus Test

A test used to evaluate judicial nominees based on ideological purity.

Marbury v. Madison (1803)

Established the principle of judicial review.

Opinion of the Court

The official decision and reasoning of the majority in a case.

Oral Arguments

Verbal presentations made before an appellate court.

Original Intent

The belief that the Constitution should be interpreted as the Framers intended.

Original Jurisdiction

The authority of a court to hear a case first.

Per Curiam Opinion

An unsigned, brief decision by the Supreme Court.

Plaintiff and Defendant

The parties in a lawsuit; the plaintiff brings the case, and the defendant defends.

Political Question

An issue deemed inappropriate for judicial resolution.

Rule of Four

The Supreme Court rule that four justices must agree to hear a case.

Requirements to be a Justice

No formal qualifications, but nomination by the President and Senate confirmation.

Senatorial Courtesy

A tradition allowing senators to influence judicial appointments in their state.

Solicitor General

The federal government's representative in Supreme Court cases.

Sovereign Immunity

The principle that the government cannot be sued without its consent.

Stare Decisis / Precedent

The practice of following previous judicial rulings.

Standing

The legal right to bring a lawsuit.

Statutory Interpretation

The process of determining the meaning of laws.

Writ of Certiorari

An order by the Supreme Court to review a lower court case.