AP Gov Unit 3 Vocab Terms

Affirmative action

an action or policy favoring those who tend to suffer from discrimination, especially in relation to employment or education

Civil liberties

constitutionally established guarantees of personal freedoms, e.g., speech, assembly, religion, protecting citizens, opinions, and property against government interference

Civil rights

protections of individuals against discrimination on the basis of characteristics such as race, national origin, religion, and gender; guaranteed under the Due Process clause and Equal Protection Clause, as well as by various acts of Congress.

Clear and present danger doctrine/ Schenck v. United States (1919)

judicial interpretation of Amendment 1 that the government may not ban speech unless such speech poses an imminent threat to society; case in which the Supreme Court ruled If speech is intended to result in a crime, and there is a clear and present danger that it actually will result in a crime

Libel and Slander

unprotected speech that is false and reputation-damaging, a.k.a. Defamatory Speech (defamation is the use of such speech)

De facto segregation

segregation "by fact," i.e., segregation that results from such factors as housing patterns rather than law.

De jure segregation

segregation by law, i.e., segregation that is required by government.

Due process clause

prohibits the national government (5th Amendment) and states (14th Amendment) from denying life, liberty, or property without due process of law.

Equal protection clause

14th Amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination.

Establishment clause

provision of Amendment 1 that prohibits Congress from establishing an official state religion. This is the basis for separation of church and state.

Exclusionary rule/Mapp v. Ohio

Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial - A case in which the Supreme Court decided that evidence obtained illegally may not be used against someone in a court of law by the Fourth Amendment

Free exercise clause

provision of Amendment 1 stating that Congress may not prohibit the free exercise of religion.

Selective Incorporation

using the Due Process Clause of the Fourteenth Amendment to apply the Bill of Rights to the states. "Total incorporation" would require states to obey all provisions of the Bill of Rights because of the due process clause of the 14th Amendment. "Selective incorporation" dictates that the Bill of Rights be applied in a more gradual manner on a case by case basis, also via the due process clause of the Fourteenth Amendment.

Jim Crow laws

Southern laws that required racial segregation in places of public accommodations.

Libel

written untruths that damage a reputation.

Literacy test

Southern method of excluding blacks from exercising suffrage by requiring that voters prove their ability to read and write.

Majority-Minority districts

an electoral district (such as a House district) in which the majority of the constituents in the district are members of racial or ethnic minority groups.

Miranda Rule

warnings that must be read to suspects prior to a custodial interrogation (when the suspect is not free to leave and is about to be questioned by police). Suspects must be advised that they have the rights of silence and counsel. Established by SCOTUS in Miranda v. Arizona

Obscenity/ Obscene speech

unprotected speech that is sexual, offensive, or lacking in social (literary, artistic, political, or scientific) value, as articulated by the SCOTUS in Miller v. CA.

Plea bargain

arrangement in which a suspect pleads guilty to a lesser offense in order to avoid a trial. The manner in which most cases are disposed of.

Police powers

powers that allow states to pass laws protecting the health, welfare, safety, and morals of their residents.

Poll tax

Southern method of excluding blacks from exercising suffrage by requiring payment of a tax prior to voting.

Prior restraint

government action that prohibits speech or other expression before the speech happens

Public safety exception

An exception to the Miranda Rule articulated by the SCOTUS in New York v. Quarles, which permits law enforcement to engage in a limited and focused unwarned interrogation and allows the government to introduce the statement as direct evidence.

Racial gerrymandering

drawing of legislative boundaries to give electoral advantages to a particular racial group. "Majority-minority" districts include large numbers of racial minorities in order to ensure minority representation in legislatures.

Sedition

advocacy of the overthrow of the government.

Separate but equal/ Plessy v. Ferguson

Supreme Court doctrine established in a case of Plessy v. Ferguson. Allowed state-required racial segregation in places of public accommodations as long as the facilities were equal.

Shield laws

state laws that protect journalists from having to reveal their sources.

Slander

spoken untruths that damage a reputation.

Strict scrutiny

Supreme Court guideline for determining if government can make racial distinctions. According to this guideline, such distinctions are highly suspect and are allowed only if they are narrowly tailored to serve a compelling government interest.

Symbolic Speech

expression by conduct rather than spoken word, ex: armbands, signs, marching, flag burning

Time-Place-Manner regulations

reasonable, content-neutral limits that the government may place on First Amendment expression IF (in general) the limits: serve an important objective (not involving the suppression of speech) and are narrowly tailored and that there remain ample alternative means of communication. (a la "You can't assemble in your neighbor's backyard pool without her permission"). (Since these restrictions are content-neutral, they are subjected to intermediate scrutiny rather than strict scrutiny.)

Writ of habeas corpus

court order that the authorities show cause for why they are holding a prisoner in custody. Deters unlawful imprisonment.

Bill of Rights

The first ten amendments to the Constitution

freedom of speech

the right to express one's opinions publicly

freedom of assmebly and petition

people have the right to get together and share their opinions, but it must be peaceful

freedom of the press

the right of journalists to publish the truth without restriction or penalty

Freedom of Religion

people shall be free to exercise their religion, and government may not establish a religion

Broadcast Decency Enforcement Act

increase the fines and penalties for violating the prohibitions against the broadcast of obscene, indecent, or profane language

hate speech

Constitutionally protected under 1st amendment if it's not direct, personal, and either truly threating or violently proactive.

Right to counsel/ Gideon v. Wainwright (1963)

Individual right found in the Sixth Amendment of the Constitution that requires criminal defendants to have access to legal representation.

USA Freedom Act (2015)

replaced patriot act when it expired on June 1, 2015. banned bulk collection of data, new reporting requirements, extended the expiration of roving wiretaps and lone wolf surveillance authority to Dec. 2019