AP U.S. Government Glossary - Unit 2 Glossary

Affirmative Action

a government action that seeks to create opportunities for suspect groups, such as African Americans, women and others, especially in employment and education

Barron v. Baltimore (1833)

Landmark case which said that the Bill of Rights applies only to the national government and not to the states. Was later changed through selective incorporation.

Brandenburg v. Ohio (1969)

landmark first amendment case concerning freedom of speech, in which the Court said that inflammatory speech cannot be punished unless it will produce "imminent lawless action"

Church of the Lukumi Babalu Aye, Inc. v. Hialeah (1993)

Supreme Court free exercise case which said that a law passed by the city of Hialeah to prevent a Santeria Church from killing animals (specifically chickens) during their worship was unconstitutional

Civil Disobedience

non-violent protest against laws perceived as unjust

Civil Liberties

the rights and freedoms guaranteed by the Constitution, the Bill of Rights and other legislation and protected from arbitrary government interference

Civil Rights

guarantees that all people regardless of race, gender, ethnicity, religion, physical disability or sexual orientation are protected from discrimination by the government or individuals and will receive equal treatment under the law

Clear and Present Danger Test

standard created by the Supreme Court to establish when limits can be placed upon freedom of speech. Created after Schenk v. United States (1919).

De Facto Segregation

segregation that happens 'by fact', but is not enforced by law; for example, a school with students of mostly one race because the neighborhood is predominantly one race

De Jure Segregation

segregation enforced by law

District of Columbia v. Heller (2008)

landmark 2nd Amendment case in which the Court held that private citizens have the right to own a weapon for purposes other than service in a militia, such as self-defense or defense of their home

Double Jeopardy

The act of being tried twice for the same crime. Americans are protected against this through the 5th Amendment.

Dream Act

a bill that included a process by which undocumented immigrants could have a path to citizenship

Due Process

the idea that all citizens are entitled to fair and equal treatment by the judiciary and is found in the 5th and 14th Amendments

Due Process Cause

the 5th and 14th Amendments say that no one shall be "deprived of life, liberty or property without due process of law". This clause guarantees citizens protection from an arbitrary administration of justice

Eminent Domain

found in the 5th Amendment, the government's right to acquire private property for public use as long as there is just compensation

Equal Protection Clause

this clause, found in the 14th Amendment prohibits any state from denying their citizens 'equal protection of the laws"

Equal Rights Amendment

a proposed amendment to the Constitution that would guarantee women equal protection under the law.

Establishment Clause

1st Amendment provision that prohibits the government from establishing a state religion

Exclusionary Rule

principle established by 4th Amendment case Weeks v. United States that prohibits evidence obtained illegally from being used in court

Free Exercise Clause

1st Amendment provision that protects an individual's right to freely practice their religion

Freedom of Expression

provisions found in the 1st Amendment guaranteeing the rights of freedom of speech, the press, assembly and petition

Freedom of Religion

provisions found in the 1st Amendment guaranteeing Americans the right to freely practice their faith without government interference

Incorporation Doctrine

the legal concept under which the Supreme Court has nationalized the Bill of Rights using the due process clause of the 14th Amendment

Korematsu v. United States (1944)

landmark (and often criticized) case in which the Court upheld Executive Order 9066, which put Japanese-Americans into internment camps, on the basis that such actions during war are justified by the need to protect the public from espionage

Obergefell v. Hodges (2015)

landmark case in which the Court held that the 14th Amendment guarantees the fundamental right to marry to same-sex couples

Precedent

earlier decisions by Federal Courts, especially the Supreme Court, which provide guidance for later court decisions

Rational Basis Test

one of the standards used by the Court to decide whether a law is constitutional. In order to pass the test, the law must show a legitimate government interest and a reasonable means to achieve the government's goal

Reverse Discrimination

the notion that Affirmative Action programs treat members of majority groups unfairly (such as whites or males)

Selective Incorporation

the process of making selective provisions of the Bill of Rights applicable to the states on a case-by-case basis

Self-incrimination

no person 'can be compelled to witness against himself'.

Separate but Equal Doctrine

legal concept established by Plessy v. Ferguson (1890) which said that separate facilities for whites and blacks, as long as they were equal, were constitutional

Strict Scrutiny Test

a standard used to decide cases involving a 'suspect class'; any discrimination by the government must have a 'compelling government interest' and use the 'least restrictive means' possible

Suspect Groups/Suspect Class

a group that has been historically discriminated against, or subject to prejudice or hostility

Symbolic Speech

speech that includes non-verbal expression, such as flag burning, signs, or wearing armbands

Warren Court

refers to the Supreme Court led by Chief Justice Warren from 1953-1969. Most notable for expanding criminal rights, civil rights, judicial power and the power of the federal government

Zone of Privacy

an area or aspect of life that is protected from intrusion by the government through the Bill of Rights. For example, every citizen has the right to expect privacy in one's person or home