13633273925 | Due process | The legal safeguards that prevent the government from arbitrarily depriving citizens of life, liberty, or property; guaranteed by the Fifth and Fourteenth Amendments. | 0 | |
13633273926 | Habeus corpus | an ancient right that protects an individual in custody from being held without the right to be heard in a court of law | 1 | |
13633273948 | Bills of attainder | Laws that punish a person without a jury trial, Congress cannot pass these these laws. | 2 | |
13633273949 | Ex-post facto laws | A law which punishes people for a crime that was not a crime when it was committed. Congress cannot pass these laws. | 3 | |
13633273927 | Total Incorporation | The 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 | |
13633273928 | Selective Incorporation | the 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 incorporation | 5 | |
13633273950 | 1st Amendment | Freedom of Religion, Speech, Press, Assembly, and Petition | 6 | |
13633273929 | Establishment clause | The 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 | |
13633273951 | Engel v. Vitale (1962) | Struck down state-sponsored prayer in public schools. Ruled that prayer was an unconstitutional violation of the Establishment Clause. | 8 | |
13633273930 | Lemon 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 | |
13633273931 | Free exercise clause | The 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 | |
13633273932 | Pure speech | verbal speech, what comes out of your mouth | 11 | |
13633273933 | Symbolic speech | nonverbal "speech" in the form of an action such as picketing, flag burning, or wearing an armband to signify a protest | 12 | |
13633273934 | Slander | false verbal statements about others that harm their reputation | 13 | |
13633273935 | Libel | false written statements about others that harm their reputation | 14 | |
13633273936 | Fighting words | speech 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 order | 15 | |
13633273937 | Schenk 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 prevent | 16 | |
13633273938 | Gitlow 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 silenced | 17 | |
13633273952 | Tinker 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 | |
13633273939 | Brandenburg 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 lawlessness | 19 | |
13633273953 | Texas v. Johnson (1989): | Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment. | 20 | |
13633273954 | Near 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 wartime | 21 | |
13633273940 | Time, place and manner restrictions | regulations regarding when, where, or how expression may occur; must be content neutral | 22 | |
13633273941 | Right to privacy | the right of an individual to be left alone and to make decisions freely, without the interference of others | 23 | |
13633273955 | Griswold 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 privacy | 24 | |
13633273956 | Roe v. Wade (1973) | Established that abortion rights fall within the right to privacy implied in the 14th amendment | 25 | |
13633273942 | 4th Amendment | Search and seizure. A warrant must be issued to search a home, or arrest someone. | 26 | |
13633273957 | Mapp v. Ohio (1961) | Established exclusionary rule; illegally obtained evidence cannot be used in court | 27 | |
13633273943 | Exclusionary rule | criminal procedural rule stating that evidence obtained illegally cannot be used in a trial | 28 | |
13633273944 | 5th Amendment | Rights in criminal cases. No forced testifying. No person may be tried for a crime twice after a verdict. | 29 | |
13633273945 | Miranda 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 | |
13633273946 | 6th Amendment | Right to fair trial. Told of charges, right to speedy trial, right to a lawyer, and right to question witnesses. | 31 | |
13633273958 | Gideon 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 | |
13633273947 | 8th Amendment | Bails, fines, and punishments. No cruel or unusual punishment. No unreasonably expensive bail. | 33 | |
13633273959 | Furman v. Georgia (1972) | Ruled that the death penalty, as administered, constitutes cruel and unusual punishment. | 34 | |
13633519780 | Civil Rights | The 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 sex | 35 | |
13633519781 | Inherent characteristics | Individual attributes such as race, national origin, religion, and gender | 36 | |
13633519782 | Suspect classifications | Distinctions based on race, religion, and national origin which are assumed to be illegitimate | 37 | |
13633519788 | Civil Rights Movement | A 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 | |
13633519789 | 13th Amendment | This abolished slavery in the United States. | 39 | |
13633519790 | 14th Amendment | Declares that all persons born in the U.S. are citizens and are guaranteed equal protection under the laws listed in the Constitution | 40 | |
13633519791 | 15th Amendment | States cannot deny any person the right to vote because of race. | 41 | |
13633519783 | Black Codes | Laws passed immediately after the Civil War by the confederate states that limited the rights of "freemen" (people former slaves). | 42 | |
13633519784 | Jim Crow laws | Laws 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 | |
13633519785 | Plessy 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 | |
13633519786 | Brown 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 | |
13633519792 | Civil Rights Act of 1964 | This 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 | |
13633519793 | 24th Amendment | Eliminated the poll tax as a prerequisite to vote in national elections. | 47 | |
13633519794 | Voting Rights Act of 1965 | A 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 blacks | 48 | |
13633519795 | Gay Rights Movement | Civil 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 rights | 49 | |
13633519796 | 19th Amendment | Gave women the right to vote | 50 | |
13633519797 | Equal Pay Act of 1963 | Legislation that requires employers to pay men and women equal pay for equal work | 51 | |
13633519798 | Equal Employment Opportunity Act of 1972 | Prohibited gender discrimination in hiring, firing, promotions, pay, and working conditions. | 52 | |
13633519799 | Americans with Disabilities Act of 1990 | A law that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment. | 53 | |
13633519787 | Affirmative action | In 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 | |
13633533467 | Equal Protection Clause | stated that no state shall "deny to any person within its jurisdiction the equal protection of the laws." (in the 14th Amendment) | 55 |
AP Government: AP Exam (Ch 4-5) Flashcards
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