AP Gov Unit 2
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Created by:
cassondralovesjanessa on November 8, 2009
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33 terms
Terms | Definitions |
|---|---|
 civil liberties | personal freedoms (ex: speech, assembly, religion) |
| civil rights | protections against discrimination |
| clear and present danger doctrine | judicial interpretation of Amendment 1 that government may not ban speech unless such speech poses an imminent threat to society |
| de facto segregation | segregation by fact (ex: segregation that results from such factors as housing patterns rather than law) |
| de jure segregation | segregation by law (ex: segregation that is required by government) |
| double jeopardy | being prosecuted twice for the same offense; banned by the fifth amendment |
| due process clause | prohibits the national government (5th amendment) and states (14th amendment) from denying life, liberty, or property without due process of law |
| equal protection clause | 14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination |
| eminent domain | the right of government to take private property for the public good; fair compensation must be paid to the owner of such property |
| establishment clause | provision of first amendment that prohibits Congress from establishing an official state religion; this is the basis for separation of church and state |
| exclusionary rule | Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial |
| free exercise clause | provision of first amendment stating that Congress may not prohibit the free exercise of religion |
| grandfather clause | southern laws that excluded blacks from exercising suffrage by restricting the right to vote only to those whose grandfathers had voted before 1865 |
| grand jury | determines whether or not to bring criminal charges against a suspect |
| incorporation | applying the Bill of Rights to that states |
| total incorporation | view that the states must obey all provisions of the Bill of Rights because of the due process clause of the 14th amendment |
| selective incorporation | view that the Bill of Rights is to be applied to the states in a more gradual matter on a case by case basis, via the due process clause of the 14th amendment |
| indictment | grand jury order that a suspect must stand trial for a criminal offense |
| Jim Crow laws | southern laws that required racial segregation in places of public accommodation |
| libel | written untruths that damage a reputation |
| literacy test | southern method of excluding blacks from exercising suffrage by requiring that voters prove their ability to read and write |
| Miranda warnings | warnings that must be read to suspects prior to questioning; suspects must be advised that they have the rights of silence and counsel |
| plea bargain | arrangement in which a suspect pleads guilty to a lesser offense in order to avoid a trial; the manner in which most cases are disposed of |
| police powers | powers that allow states to pass laws protecting the health, welfare, safety, and morals of their residents |
| poll tax | southern method of excluding blacks from exercising suffrage by requiring payment of a tax prior to voting |
| prior restraint | when a court stops expression before it is made (ex: prohibiting a demonstration by a radical group because the assembly is likely to become violent; this method is considered unconstitutional) |
| racial gerrymandering | drawing of legislative boundaries to give electoral advantages to a particular racial group ("majority-minority" districts include large numbers of racial minorities in order to ensure minority representation in legislatures) |
| sedition | advocacy of the overthrow of the government |
| separate but equal | Supreme Court doctrine established in the case of Plessy v. Ferguson; allowed state-required racial segregation in places of public accommodation as long as the facilities were equal |
| shield laws | state laws that protect journalists from having to reveal their sources |
| slander | spoken untruths that damage a reputation |
| strict scrutiny | Supreme Court guideline for determining if government can make racial distinctions; according to the guideline, such distinctions are highly suspect and are allowed only if they are narrowly tailored to serve a compelling government interest |
| white primary | primary election in which southern states allowed only whites to vote |
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