AP US GOV UNIT 2
Bill of Rights (Amendments 1-10) & Their Clauses:
1st Amendment – Protects freedom of speech, religion, press, assembly, and petition.
Establishment Clause – Prohibits the government from establishing an official religion.
Free Exercise Clause – Protects individuals’ rights to practice religion freely, as long as it doesn’t violate the law.
Symbolic Free Speech – Nonverbal expression (e.g., flag burning, armbands) protected under the 1st Amendment.
Prior Restraint – Government censorship before publication, usually unconstitutional.
Unprotected Free Speech – Speech not protected by the 1st Amendment, such as threats or incitement of violence.
Obscenity – Speech or expression that violates community standards and lacks serious value (see Miller Test).
Libel – False written statements that damage a person’s reputation.
Slander – False spoken statements that damage a person’s reputation.
2nd Amendment – Right to bear arms.
3rd Amendment – Prohibits the quartering of soldiers in homes during peacetime.
4th Amendment – Protects against unreasonable search and seizure; requires warrants.
Exclusionary Rule – Illegally obtained evidence cannot be used in court.
5th Amendment – Protects against self-incrimination, double jeopardy, and guarantees due process.
Double Jeopardy – Prevents being tried twice for the same crime.
Due Process Rights – Legal protections against arbitrary denial of life, liberty, or property.
Eminent Domain – Government can take private property for public use with just compensation.
6th Amendment – Right to a fair and speedy trial, legal counsel, and to confront witnesses.
Miranda Rights – Rights read to an arrested person, including the right to remain silent.
7th Amendment – Right to a jury trial in civil cases.
8th Amendment – Prohibits cruel and unusual punishment and excessive bail.
9th Amendment – Rights not explicitly listed are still protected.
“Right to privacy” – Implied right protecting personal choices, established through cases like Griswold v. Connecticut and Roe v. Wade.
10th Amendment – Powers not given to the federal government are reserved for the states.
Key Legal Doctrines & Tests:
14th Amendment: Due Process – Extends due process rights to state governments, ensuring fair legal procedures.
Selective Incorporation – Process of applying Bill of Rights protections to the states using the 14th Amendment.
Lemon Test – Three-prong test to determine if a law violates the Establishment Clause.
Miller Test – Defines obscenity based on whether the content lacks literary, artistic, political, or scientific value.
Judicial Processes & Courts:
Activist Approach / Restraint Approach – Judicial philosophies; activism promotes policy changes, restraint defers to precedent and legislation.
Amicus Curiae – “Friend of the court” briefs submitted by third parties to influence rulings.
Appeal – Request for a higher court to review a decision.
Appellate Jurisdiction / Courts – Courts that hear appeals from lower courts.
Attorney General – Head of the U.S. Department of Justice, overseeing legal matters.
Checks and Balances – System preventing any branch of government from gaining too much power.
Class Action – Lawsuit filed on behalf of a group of people with common claims.
Circuit Courts – Federal courts that hear appeals from district courts.
Concurring / Dissenting / Majority Opinions – Types of judicial opinions; concurring agrees with ruling but for different reasons, dissenting disagrees.
Constitutional Interpretation – Methods courts use to determine the meaning of constitutional provisions.
Court of Appeals – Intermediate appellate courts that review lower court decisions.
District Courts – Lowest level of federal courts where trials are held.
Dissent – Disagreement with the majority ruling of a court.
Dual Court System – U.S. has both federal and state courts.
Dual Sovereignty – State and federal governments can prosecute separately for the same crime.
Dual Federalism – Clear division of power between national and state governments (layer cake federalism).
Federal Question Cases – Cases involving constitutional issues or federal laws.
Fee Shifting – Allows winning plaintiffs to have legal fees paid by the losing party.
In Forma Pauperis – Allows poor litigants to file cases without fees.
Judicial Review – Power of courts to declare laws unconstitutional (Marbury v. Madison).
Jurisdiction – Authority of a court to hear a case.
Judicial Insulation – Lifetime tenure of federal judges to shield them from political pressures.
Litmus Test – Criteria used to evaluate judicial nominees' political views.
Marbury v. Madison (1803) – Established judicial review.
Opinion of the Court – Majority ruling explaining the court’s decision.
Oral Arguments – Verbal presentations before the Supreme Court.
Original Intent – Interpreting the Constitution based on the framers' intentions.
Original Jurisdiction – A court’s authority to hear a case first.
Per Curiam Opinion – Unsigned court opinion, often brief.
Plaintiff and Defendant – Parties in a lawsuit; plaintiff brings the case, defendant defends.
Political Question – Issue courts avoid because it is best resolved by other government branches.
Rule of Four – Four Supreme Court justices must agree to hear a case.
Requirements to be a Justice – No formal constitutional requirements, but nominees must be appointed by the president and confirmed by the Senate.
Senatorial Courtesy – Tradition where senators influence judicial appointments in their state.
Solicitor General – Represents the U.S. government in Supreme Court cases.
Sovereign Immunity – The government cannot be sued without its consent.
Stare Decisis / Precedent – Courts follow prior rulings in similar cases.
Standing – The right to bring a lawsuit; must have a personal stake in the outcome.
Statutory Interpretation – Courts interpreting the meaning of laws.
Writ of Certiorari – Supreme Court order to review a lower court’s case.
Judicial Review – The power of courts to assess whether a law is in compliance with the Constitution.