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AP Government: AP Exam (Ch 4-5) Flashcards

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13633273925Due processThe legal safeguards that prevent the government from arbitrarily depriving citizens of life, liberty, or property; guaranteed by the Fifth and Fourteenth Amendments.0
13633273926Habeus corpusan ancient right that protects an individual in custody from being held without the right to be heard in a court of law1
13633273948Bills of attainderLaws that punish a person without a jury trial, Congress cannot pass these these laws.2
13633273949Ex-post facto lawsA law which punishes people for a crime that was not a crime when it was committed. Congress cannot pass these laws.3
13633273927Total IncorporationThe theory that the Fourteenth Amendment's due process clause requires the states to uphold all freedoms in the Bill of Rights; rejected by the Supreme Court in favor of selective incorporation.4
13633273928Selective Incorporationthe process by which, over time, the Supreme Court applied those freedoms that served some fundamental principle of liberty or justice to the states, thus rejecting total incorporation5
136332739501st AmendmentFreedom of Religion, Speech, Press, Assembly, and Petition6
13633273929Establishment clauseThe First Amendment clause that bars the government from passing any law "respecting an establishment of religion"; often interpreted as a separation of church and state but increasingly questioned.7
13633273951Engel v. Vitale (1962)Struck down state-sponsored prayer in public schools. Ruled that prayer was an unconstitutional violation of the Establishment Clause.8
13633273930Lemon v. Kurtzman (1971)Established a three-part test called the Lemon Test which determined whether government aid to parochial schools is constitutional; the test is also applied to other cases involving the establishment clause.9
13633273931Free exercise clauseThe First Amendment clause prohibiting the government from enacting laws prohibiting an individual's practice of his or her religion; often in contention with the establishment clause.10
13633273932Pure speechverbal speech, what comes out of your mouth11
13633273933Symbolic speechnonverbal "speech" in the form of an action such as picketing, flag burning, or wearing an armband to signify a protest12
13633273934Slanderfalse verbal statements about others that harm their reputation13
13633273935Libelfalse written statements about others that harm their reputation14
13633273936Fighting wordsspeech that is likely to bring about public disorder or chaos; the Supreme Court has held that such speech may be banned in public places to ensure the preservation of public order15
13633273937Schenk v. United States (1919)established the clear and present danger test whereby the government may silence speech or expression when there is a clear and present danger that such speech will bring about some harm that the government has the power to prevent16
13633273938Gitlow v. New York (1925)extended the bad tendency test whereby any speech that has the tendency to incite crime or disturb the public peace can be silenced17
13633273952Tinker v. Des Moines (1969)Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes (symbolic speech is protected)18
13633273939Brandenburg v. Ohio (1969)established the imminent lawless action test (incitement test) whereby speech is restricted only if it goes beyond mere advocacy, or words, to create a high likelihood of imminent disorder or lawlessness19
13633273953Texas v. Johnson (1989):Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment.20
13633273954Near v. Minnesota (1931)Held that the guarantee of a free press does not allow a prior restraint (the government not allowing someone to publish something) on publication, except in extreme cases, such as during wartime21
13633273940Time, place and manner restrictionsregulations regarding when, where, or how expression may occur; must be content neutral22
13633273941Right to privacythe right of an individual to be left alone and to make decisions freely, without the interference of others23
13633273955Griswold v. Connecticut (1965)Established that there is an implied right to privacy in the U.S. Constitution, specifically regarding how a state's ban on the use of contraceptives violated the right to marital privacy24
13633273956Roe v. Wade (1973)Established that abortion rights fall within the right to privacy implied in the 14th amendment25
136332739424th AmendmentSearch and seizure. A warrant must be issued to search a home, or arrest someone.26
13633273957Mapp v. Ohio (1961)Established exclusionary rule; illegally obtained evidence cannot be used in court27
13633273943Exclusionary rulecriminal procedural rule stating that evidence obtained illegally cannot be used in a trial28
136332739445th AmendmentRights in criminal cases. No forced testifying. No person may be tried for a crime twice after a verdict.29
13633273945Miranda v. Arizona (1966)Established the requirement for the police to inform criminal suspects, on their arrest, of their legal rights (Miranda Rights), such as the right to remain silent and the right to counsel; these warnings must be read to suspects before interrogation.30
136332739466th AmendmentRight to fair trial. Told of charges, right to speedy trial, right to a lawyer, and right to question witnesses.31
13633273958Gideon v. Wainwright (1963)Ruled that a defendant in a felony trial must be provided a lawyer free of charge if the defendant cannot afford one.32
136332739478th AmendmentBails, fines, and punishments. No cruel or unusual punishment. No unreasonably expensive bail.33
13633273959Furman v. Georgia (1972)Ruled that the death penalty, as administered, constitutes cruel and unusual punishment.34
13633519780Civil RightsThe rights and privileges guaranteed to all citizens under the equal protection and due process clauses of the Fifth and Fourteenth amendments; the idea that individuals are protected from discrimination based on characteristics such as race, national origin, religion, and sex35
13633519781Inherent characteristicsIndividual attributes such as race, national origin, religion, and gender36
13633519782Suspect classificationsDistinctions based on race, religion, and national origin which are assumed to be illegitimate37
13633519788Civil Rights MovementA social movement in the United States during the 1950s and 1960s, in which people organized to demand equal rights for African Americans and other minorities. People worked together to change unfair laws. They gave speeches, marched in the streets, and participated in boycotts.38
1363351978913th AmendmentThis abolished slavery in the United States.39
1363351979014th AmendmentDeclares that all persons born in the U.S. are citizens and are guaranteed equal protection under the laws listed in the Constitution40
1363351979115th AmendmentStates cannot deny any person the right to vote because of race.41
13633519783Black CodesLaws passed immediately after the Civil War by the confederate states that limited the rights of "freemen" (people former slaves).42
13633519784Jim Crow lawsLaws requiring the strict separation of racial groups, with whites and "nonwhites" required to attend separate schools, work in different jobs, and use segregated public accommodations, such as transportation and restaurants.43
13633519785Plessy v. Ferguson (1896)Created the separate but equal doctrine which said that separate but equal facilities for whites and nonwhites do not violate the Fourteenth Amendment's equal protection clause.44
13633519786Brown v. Board of Education of Topeka (1954)ruled that segregated schools violated the equal protection clause of the Fourteenth Amendment, which stated that no state shall "deny to any person within its jurisdiction the equal protection of the laws."45
13633519792Civil Rights Act of 1964This law made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.46
1363351979324th AmendmentEliminated the poll tax as a prerequisite to vote in national elections.47
13633519794Voting Rights Act of 1965A law that invalidated the use of any test or device to deny the vote (literacy test, poll tax, etc.) and authorized federal examiners to register voters in states that had disenfranchised blacks48
13633519795Gay Rights MovementCivil Rights movement dedicated to homosexual equality; starts in the late 1960's and early 1970's, often quoted the equal protection clause in the 14th amendment when fighting for rights49
1363351979619th AmendmentGave women the right to vote50
13633519797Equal Pay Act of 1963Legislation that requires employers to pay men and women equal pay for equal work51
13633519798Equal Employment Opportunity Act of 1972Prohibited gender discrimination in hiring, firing, promotions, pay, and working conditions.52
13633519799Americans with Disabilities Act of 1990A law that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment.53
13633519787Affirmative actionIn the employment arena, intentional efforts to recruit, hire, train, and promote underutilized categories of workers (women and minority men); in higher education, intentional efforts to diversify the student body.54
13633533467Equal Protection Clausestated that no state shall "deny to any person within its jurisdiction the equal protection of the laws." (in the 14th Amendment)55

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