15349050008 | Civil Liberties | Constitutional freedoms guaranteed to all citizens that gov cannot abridge Place limitations on the power of the government to restrain or dictate one's actions | 0 | |
15349134448 | legal privileges | Granted by the government and cab be subject to conditions or restrictions (like voting rights) | 1 | |
15349146088 | Barron v. Baltimore | Bill of Rights does not apply to the states | 2 | |
15349159965 | Gitlow v. New York | Incorporation doctrine established BOR looked at in application of the states Overturns Barron v Baltimore | 3 | |
15349200554 | incorperation doctrine | requires that state and local government must also guarantee the rights stated in the bill of rights | 4 | |
15349219549 | selective incorporation | A 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 | |
15349058058 | Bill of Rights | The first ten amendments of the Constitution, largely guarantee specific rights and liberties | 6 | |
15349063756 | Ninth Amendment | Part 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 exist | 7 | |
15349068826 | Tenth Amendment | The 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 | |
15349079286 | Due Process Clause | Clause contained in the Fifth and Fourteenth Amendments; over the years, it has been construed to guarantee a variety of rights to individuals. | 9 | |
15349099228 | substantive due process | Is the due process unjust Intent | 10 | |
15349107047 | procedural due process | steps/procedures to take away rights | 11 | |
15349259458 | Establishment Clause | no official tax supported religion | 12 | |
15349281438 | wall of separation | Court says there needs to be a strict wall between state and religion, the state cannot benefit one religion even if it is benefitting all religions | 13 | |
15349290544 | Lemon 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 entanglement | 14 | |
15349337805 | Endorsement test | What would a reasonable person say is too much religion? | 15 | |
15349348570 | Non preferential test | No preference, cannot favor a religion but does not prohibit aid to all religions | 16 | |
15349357707 | Strict separation | Even indirect aid for religion crosses the line | 17 | |
15349364467 | Engle v. Vitale (1962) | NY made kids say a non-denominational prayer every day, Supreme Court does not allow | 18 | |
15349374417 | School District of Abington Township, PA v. Shempp (1963) | The PA law was requiring bible reading in school and then Supreme Court did not allow | 19 | |
15349391099 | Free Exercise Clause | Practice whatever religion you want People can believe what they want, but the certain practices may run into trouble Congress shall make no law prohibiting religion | 20 | |
15349430155 | Non-protected speech | Libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances. | 21 | |
15349430156 | Libel | Written defamation of a person (lies) | 22 | |
15349438680 | seditious libel | Criticism or advocating the over throw of government Proving actual malice (that someone said it and knew it was false) needed for prosecution | 23 | |
15349467236 | Slander | spoken defamation | 24 | |
15349475162 | Obscenity and pornography | not protected speech | 25 | |
15349497826 | actual malice | NY Times v. Sullivan, if you know the information is false or you are trying to be malicious then you get in trouble | 26 | |
15349515163 | symbolic speech | protected | 27 | |
15349528399 | prior 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 publish | 28 | |
15349546059 | press shield laws | Some states provided cover to reporters not to reveal their sources | 29 | |
15349560839 | Sunshine laws | Broad term for which require government proceedings to be public | 30 | |
15349572030 | Freedom of Information Act | Allows access to classified materials after 25 years | 31 | |
15349581346 | time, place, and manner restrictions | regulations 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 protected | 32 | |
15349728556 | unreasonable searches and seizures | Court has come to think this is seizing evidence in a random or haphazard manner | 33 | |
15349746757 | search warrant | A 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 | |
15349794866 | immunity | Exemption from prosecution in exchange for information/ testimony | 35 | |
15349808943 | plea bargain | When one admits to something or gives up information to get a lesser sentence | 36 | |
15349815496 | Miranda Rights | A 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 | |
15349821318 | double jeopardy | Cannot be tried for the same crime twice | 38 | |
15349825708 | petit jury | 6-12 people who sit in court and decide on a case | 39 | |
15349833670 | exclusionary rule | improperly gathered evidence may not be introduced in a criminal trial Mapp v. Ohio | 40 | |
15349848005 | Gideon v. Wainwright | Gideon says his rights were violated because he did not have an attorney States give attorneys to people who cannot afford them | 41 | |
15349855896 | Griswold v. Connecticut | Established that there is an implied right to privacy in the U.S. Constitution CT banned birth control, but Supreme Court ruled against ban | 42 | |
15349864302 | Roe v. Wade | legalized abortion | 43 | |
15349877340 | Planned Parenthood v. Casey | PA 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 spouses | 44 | |
15349905937 | Lawrence v. Texas | right to privacy applies to homosexuals | 45 | |
15349912331 | Romer v. Evans | prevents states from discriminating against homosexuals | 46 | |
15349921155 | Contract Clause | restricts states from retroactively modifying contracts | 47 | |
15349924589 | eminent domain | Power of a government to take private property for public use. | 48 | |
15349931093 | regulatory taking | A government regulation that effectively takes land by restricting its use, even if it remains in the owner's name. | 49 | |
15358352028 | Affirmative Action | A policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group. | 50 | |
15358359014 | natrualization | A legal process to obtain citizenship | 51 | |
15358363786 | Right of expatriation | The right to renounce one's citizenship. | 52 | |
15358369234 | alien | a citizen of another country; foreign, strange | 53 | |
15358373407 | assylum | place of safety | 54 | |
15358378292 | white primary | primary election in which Southern states allowed only whites to vote. | 55 | |
15358382976 | Grandfather Clause | a clause exempting certain classes of people or things from the requirements of a piece of legislation affecting their previous rights, privileges, or practices. | 56 | |
15358388524 | Plessy v. Ferguson | "separate but equal" doctrine supreme court upheld the constitutionally of jim crow laws | 57 | |
15358392328 | Brown v. Board of Education | 1954 case that overturned Separate but Equal standard of discrimination in education. | 58 | |
15358397824 | Adarand Constructors v. Pena | Held that federal programs which discriminated people were unconstitutional. | 59 | |
15358407037 | University of California v. Bakke | was a case involving an affirmative action program at a California medical school | 60 | |
15358413244 | Americans with Disabilities Act | prohibits discrimination against the disabled | 61 | |
15358417444 | Rehabilitation Act of 1973 | Extended protection to those with physical or mental handicaps | 62 | |
15358423314 | Swann v. Charlotte-Mecklenburg | Argued that schools were integrated enough and busing as a tool for integration was complete. | 63 | |
15358427070 | Title IX | No 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 assistance | 64 | |
15358433591 | Equal Pay Act of 1963 | Legislation that requires employers to pay men and women equal pay for equal work | 65 | |
15358438229 | Education of All Handicapped Children Act of 1975 | Gave all children right to free public education | 66 | |
15358442821 | Kormatsu v. United States | said that containment camps were legal | 67 | |
15358442824 | Shaw v. Reno | No racial gerrymandering | 68 | |
15358451993 | majority-minority districts | Drawing district boundaries to give a minority group a majority | 69 | |
15358459161 | Voting Rights Act of 1965 | a policy designed to reduce the barriers to voting for those suffering discrimination. | 70 | |
15358466339 | Hear of Atlanta Motel v. US | 71 | ||
15358473281 | Commerce Clause | Clause stating that Congress can regulate interstate and international commerce. | 72 | |
15358473282 | de facto segregation | Segregation resulting from economic or social conditions or personal choice. | 73 | |
15358477856 | de jure segregation | segregation by law | 74 | |
15358483718 | Restrictive Covenants | A 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 property | 75 | |
15358488385 | Grutter v. Bollinger | Allowed the use of race as a general factor in law school admissions at University of Michigan | 76 | |
15358494542 | rational basis test | A 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 | |
15358498239 | Gratz v. Bollinger | Struck down use of "bonus points" for race in undergrad admissions at University of Michigan. | 78 | |
15358502933 | suspect classification | category or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court | 79 | |
15358507997 | Strict Scrutiny | A 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 goal | 80 | |
15358511664 | heightened scrutiny | Government must show the law has "important" governmental objectives and is related to governmental objectives. Burden of proof is on the government. Ex. gender issues | 81 | |
15358518331 | Quasi-suspect classification | A classification that categorizes persons in questionable ways (illegitimacy or sex). | 82 |
AP Gov Chapter 5 Flashcards
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