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AP Gov Chapter 5 Flashcards

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15349050008Civil LibertiesConstitutional freedoms guaranteed to all citizens that gov cannot abridge Place limitations on the power of the government to restrain or dictate one's actions0
15349134448legal privilegesGranted by the government and cab be subject to conditions or restrictions (like voting rights)1
15349146088Barron v. BaltimoreBill of Rights does not apply to the states2
15349159965Gitlow v. New YorkIncorporation doctrine established BOR looked at in application of the states Overturns Barron v Baltimore3
15349200554incorperation doctrinerequires that state and local government must also guarantee the rights stated in the bill of rights4
15349219549selective incorporationA judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment.5
15349058058Bill of RightsThe first ten amendments of the Constitution, largely guarantee specific rights and liberties6
15349063756Ninth AmendmentPart of the Bill of Rights that makes it clear that enumerating rights in the Constitution or Bill of Rights does not mean that others do not exist7
15349068826Tenth AmendmentThe final part of the Bill of Rights that defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or to the people.8
15349079286Due Process ClauseClause contained in the Fifth and Fourteenth Amendments; over the years, it has been construed to guarantee a variety of rights to individuals.9
15349099228substantive due processIs the due process unjust Intent10
15349107047procedural due processsteps/procedures to take away rights11
15349259458Establishment Clauseno official tax supported religion12
15349281438wall of separationCourt says there needs to be a strict wall between state and religion, the state cannot benefit one religion even if it is benefitting all religions13
15349290544Lemon v. Kurtzman (1971)Lemon Test for Establishment Clause the law must have a secular purpose, can neither enhance or prohibit religion, it must avoid excessive entanglement14
15349337805Endorsement testWhat would a reasonable person say is too much religion?15
15349348570Non preferential testNo preference, cannot favor a religion but does not prohibit aid to all religions16
15349357707Strict separationEven indirect aid for religion crosses the line17
15349364467Engle v. Vitale (1962)NY made kids say a non-denominational prayer every day, Supreme Court does not allow18
15349374417School District of Abington Township, PA v. Shempp (1963)The PA law was requiring bible reading in school and then Supreme Court did not allow19
15349391099Free Exercise ClausePractice whatever religion you want People can believe what they want, but the certain practices may run into trouble Congress shall make no law prohibiting religion20
15349430155Non-protected speechLibel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances.21
15349430156LibelWritten defamation of a person (lies)22
15349438680seditious libelCriticism or advocating the over throw of government Proving actual malice (that someone said it and knew it was false) needed for prosecution23
15349467236Slanderspoken defamation24
15349475162Obscenity and pornographynot protected speech25
15349497826actual maliceNY Times v. Sullivan, if you know the information is false or you are trying to be malicious then you get in trouble26
15349515163symbolic speechprotected27
15349528399prior restraint NY Times v. US (1972)not allowed The pentagon papers where Nixon tried to prevent the NY times from publishing Supreme Court says press cannot be stopped before publishing NY Times sued to publish28
15349546059press shield lawsSome states provided cover to reporters not to reveal their sources29
15349560839Sunshine lawsBroad term for which require government proceedings to be public30
15349572030Freedom of Information ActAllows access to classified materials after 25 years31
15349581346time, place, and manner restrictionsregulations regarding when, where, or how expression may occur; must be content neutral Are allowed but these restrictions can be put on them Private property is protected32
15349728556unreasonable searches and seizuresCourt has come to think this is seizing evidence in a random or haphazard manner33
15349746757search warrantA court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence Must be signed by a magistrate (oath) Warrant must say what is being searched for, when they are going, have a "who"34
15349794866immunityExemption from prosecution in exchange for information/ testimony35
15349808943plea bargainWhen one admits to something or gives up information to get a lesser sentence36
15349815496Miranda RightsA list of rights that police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona.37
15349821318double jeopardyCannot be tried for the same crime twice38
15349825708petit jury6-12 people who sit in court and decide on a case39
15349833670exclusionary ruleimproperly gathered evidence may not be introduced in a criminal trial Mapp v. Ohio40
15349848005Gideon v. WainwrightGideon says his rights were violated because he did not have an attorney States give attorneys to people who cannot afford them41
15349855896Griswold v. ConnecticutEstablished that there is an implied right to privacy in the U.S. Constitution CT banned birth control, but Supreme Court ruled against ban42
15349864302Roe v. Wadelegalized abortion43
15349877340Planned Parenthood v. CaseyPA required women under 18 getting an abortion to tell their parents and married women to tell their spouse; Planned Parenthood sues; Supreme Court rules that minors must tell their parents but married women do not have to tell their spouses44
15349905937Lawrence v. Texasright to privacy applies to homosexuals45
15349912331Romer v. Evansprevents states from discriminating against homosexuals46
15349921155Contract Clauserestricts states from retroactively modifying contracts47
15349924589eminent domainPower of a government to take private property for public use.48
15349931093regulatory takingA government regulation that effectively takes land by restricting its use, even if it remains in the owner's name.49
15358352028Affirmative ActionA policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group.50
15358359014natrualizationA legal process to obtain citizenship51
15358363786Right of expatriationThe right to renounce one's citizenship.52
15358369234aliena citizen of another country; foreign, strange53
15358373407assylumplace of safety54
15358378292white primaryprimary election in which Southern states allowed only whites to vote.55
15358382976Grandfather Clausea clause exempting certain classes of people or things from the requirements of a piece of legislation affecting their previous rights, privileges, or practices.56
15358388524Plessy v. Ferguson"separate but equal" doctrine supreme court upheld the constitutionally of jim crow laws57
15358392328Brown v. Board of Education1954 case that overturned Separate but Equal standard of discrimination in education.58
15358397824Adarand Constructors v. PenaHeld that federal programs which discriminated people were unconstitutional.59
15358407037University of California v. Bakkewas a case involving an affirmative action program at a California medical school60
15358413244Americans with Disabilities Actprohibits discrimination against the disabled61
15358417444Rehabilitation Act of 1973Extended protection to those with physical or mental handicaps62
15358423314Swann v. Charlotte-MecklenburgArgued that schools were integrated enough and busing as a tool for integration was complete.63
15358427070Title IXNo person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance64
15358433591Equal Pay Act of 1963Legislation that requires employers to pay men and women equal pay for equal work65
15358438229Education of All Handicapped Children Act of 1975Gave all children right to free public education66
15358442821Kormatsu v. United Statessaid that containment camps were legal67
15358442824Shaw v. RenoNo racial gerrymandering68
15358451993majority-minority districtsDrawing district boundaries to give a minority group a majority69
15358459161Voting Rights Act of 1965a policy designed to reduce the barriers to voting for those suffering discrimination.70
15358466339Hear of Atlanta Motel v. US71
15358473281Commerce ClauseClause stating that Congress can regulate interstate and international commerce.72
15358473282de facto segregationSegregation resulting from economic or social conditions or personal choice.73
15358477856de jure segregationsegregation by law74
15358483718Restrictive CovenantsA statement written into a property deed that restricts the use of the land in some way; often used to prohibit certain groups of people from buying property75
15358488385Grutter v. BollingerAllowed the use of race as a general factor in law school admissions at University of Michigan76
15358494542rational basis testA standard developed by the courts to test the constitutionality of a law; when applied, a law is constitutional as long as it meets a reasonable government interest.77
15358498239Gratz v. BollingerStruck down use of "bonus points" for race in undergrad admissions at University of Michigan.78
15358502933suspect classificationcategory or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court79
15358507997Strict ScrutinyA Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal80
15358511664heightened scrutinyGovernment must show the law has "important" governmental objectives and is related to governmental objectives. Burden of proof is on the government. Ex. gender issues81
15358518331Quasi-suspect classificationA classification that categorizes persons in questionable ways (illegitimacy or sex).82

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