AP Gov Unit 3

Civil Liberties

Civil Liberties

Fundamental rights and freedoms protected from infringement by the government

Civil Rights

Protections for individuals from discrimination based on race, national origin, religion, sex, and other characteristics ensuring equal treatment under the law

Bill of Rights

A list of fundamental rights and freedoms that individuals possess (first ten amendments)

Due Process Clause

The clause in the 14th amendment that restricts state governments from denying citizens their life, liberty, or property without legal safeguards

Selective Incorporation

The piecemeal process through which the Supreme Court has affirmed that almost all of the protections in the Bill of Rights also apply to state governments

Establishment Clause

First amendment protection against the government requiring citizens to join or support a religion

Free Exercise Clause

First amendment protection of the rights of individuals to exercise and express their religious beliefs

Freedom of Expression

A fundamental rights affirmed in the First amendment to speak, publish, and protest

Clear and Present Danger Test

Legal standard that speech posing an immediate and serious threat to national security is not protected by the First amendment

Prior Restraint

The suppression of materal prior to publication on the grounds that it might endanger national security

Symbolic Speech

Protected expression in the form of images, signs, and other symbols

Libel

An untrue written statement that injures a person's reputation

Slander

An untrue spoken expression that injures a person's reputation

Obscenity and Pornography

Words, images, or videos that depict sexual activity in an offensive manner and that lack any artistic merit

Ex Post Fact Laws

Laws criminalizing conduct that was legal at the time it occurred

Bill of Attainder

A law passed by Congress punishing an individual without a trial

Writ of Habeas Corpus

A document setting out reasons for an arrest or detention

Procedural Due Process

A judicial standard requiring that fairness by applied to all individuals equally

Warrant

A document issued by a judge authorizing a search

Probable Cause

Reasonable belief that a crime has been committed or that there is evidence of criminal activity

Exclusionary Rule

A rule that evidence obtained without a warrant is inadmissible in court

Grand jury

A group of citizens, who based on the evidence presented to them, decide whether or not a person should be indicted on criminal charges and subsequently tried in court

Double Jeopardy

Protects and individual acquitted of a crime from being charged with the same crime again in the same jurisdiction

Miranda Rights

The right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals in custody suspected of criminal activity

Bail

An amount of money posted as a security to allow the charged individual to be freed while awaiting trial

Thirteenth Amendment

An amendment passed in 1865 prohibiting slavery in the United States

Fourteenth Amendment

An amendment to the Constitution passed in 1868 granting citizenship to all persons born or naturalized in the US and placing restrictions on state laws that sought to abridge the privileges and immunities of citizens of the United States

Equal Protection Clause

Clause of the 14th amendment that has been used to protect the civil rights of Americans from discrimination based on race, national origin, religion, gender, and other characteristics

Separate But Equal

The doctrine that racial segregation was constitutional so long as the facilities for blacks and whites were equal

Legal Segregation

The separation by law of individuals based on their race

De Jure Segregation

The separation of individuals based on their characteristics such as race, by law

De Facto Segregation

A separation of individuals based on characteristics that arises not by law but because of other factors, such as residential housing patterns

Social Movement

Large groups of citizens organizing for political change

Civil Disobedience

The intentional refusal to obey a law to call attention to its injustice

Civil Rights Act of 1964

Legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate

Voting Rights Act of 1965

Legislation outlawing literacy tests and authorizing the Justice Department to send federal officers to register voters in uncooperative cities, counties, and states

Nineteenth Amendment

A 1920 Constitutional amendment granting women the right to vote

Title IX of the Education Amendments of 1972

Legislation prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in sports programs

Affirmative Action

A policy designed to address the consequences of previous discrimination by providing special consideration to individualas based upon their characteristics, such as race or gender

1st Amendment: Religion

Establishment clause make it so government cannot support/force a religion and excercise clause makes it so people can believe and excercise the religion of their choosing

1st Amendment: Assembly

Allows people to peaceably gather, but the government can regulate the time/place/manner of the assembly

1st Amendment: Press

Censorship by government is almost always forbidden

1st Amendment: Petition

Protects those with whom the majority disagree; permits disagreement and grievances with government and officials

1st Amendment: Speech

Protects pure (face to face) speech, speech plus (flags, banners, picketing, slogans), and symbolic (use of objects and actions to replace speech).

2nd Amendment

Well regulated militia and the right of the people to bear arms: extremely controversial on the term "arms" and application of whether the right goes to all citizens or just those who are a part of the militia

3rd Amendment

Government cannot house soldiers in citizens homes during times of peace

4th Amendment

Limits investigations by government: requires a warrant issued by a court, requires probable cause, search without a warrant requires special circumstances (evidence in plain sight)

5th Amendment

Rights of the accused; guarantee to a grand jury in felony cases; prevents double jeopardy, prevents self incrimination; Government can only seize land if the government pays a just compensation

6th Amendment

Rights of the accused which ensures a fair trial; speedy trial; impartial jury to prevent bias; right to now charges; right to confront witnesses; right to have witnesses in defense of the accused; right to legal counsel

7th Amendment

Right to trial by jury in civil cases

8th Amendment

Fines and bail cannot be excessive; punishments cannot be cruel and unusual

9th Amendment

Citizens are entitled to rights not listed in the Constitution

10th Amendment

Powers not given to federal government go to people and States