Government AP 4-5 Test
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47 terms
Terms | Definitions |
|---|---|
 civil liberties | the legal constitutional protections against government (meanings defined by courts, police, and legislatures) |
| civil rights | policies designed to protect people against arbitrary or discriminatory treament by government officials or individuals |
| Bill of Rights | the first 10 ammendments to the U.S. Constitution |
| First Amendment | establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly |
| Barron v. Baltimore | SC decision holding that the BoR restrained only the national government |
| Gitlow v. NY | SC decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as the federal government |
| Fourteenth Amendment | adopted after civil war, states "No State shall make or enforce any law which shall abridge the priviledges or immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or property , without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" |
| incorporation doctrine | legal concept under which the SC has nationalized the BoR by making most of its provisions applicable to the states through the 14th Amendment |
| establishment clause | part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion" |
| free exercise clause | First Amendment provision that prohibits government interferance with the practice of religion |
| Lemon v. Kurtzman | SC decision that established that aid to church-related schools must (1) have a secular purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion |
| Engel v. Vitale | New York public schoolchildren prayer |
| School District of Abington Township, Penn. v. Schempp | Penn. law requiring Bible readings in schools violated establishment clause |
| prior restraint | governemnt preventing material from being published, unconstitutional under First Amendment |
| Near v. Minnesota | prohibits prior restraint |
| Schenck v. US | upheld conviction of a socialist urging young men to resist draft (WWI); determined that government can limit speech if it provokes a "clear and present danger" of substantive evils |
| Zurcher v. Stanford Daily | held that a proper search warrant could be applied to a newspaper |
| Roth v. US | ruled that "obscenity is not within the area of constitutionally protected speech or press" |
| Miller v. CA | avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value |
| NYT v. Sullivan | established guidelines for determining whether public officials could win damage suits for libel |
| TX v. Johnson | SC struck down a law banning the burning of the American flag (symbolic speech) |
| Miami Herald v. Tornillo | states cannot force newspapers to print replies from candidates criticized (limited power of government to restrict print media) |
| Red Lion Broadcasting v. FCC | upheld restrictions on radio and TV broadcasting (much tighter than other) |
| NAACP v. AL | protected the right to assemble peaceably (decided the NAACP did not have to reveal its membership list and thus subject its members to harassment) |
| probable cause | police have reason to believe that a person should be arrested |
| unreasonable searches and seizures | obtaining evidence in a haphazard or random manner, prohibited by 4th Amendment |
| search warrant | written authorization from a court specifying the area to be searched and what the police are searching for |
| exclusionary rule | rule that evidence, no matter how incriminating, cannot be introdcued if it was not constitutionally obtained |
| Mapp v. Ohio | ruling that protection against unreasonable searches and seizures applied to states, as well |
| Fifth Amendment | designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment w/o due process |
| self-incrimination | when an individual accused of a crime is compelled to be a witness against him/herself |
| Miranda v. Arizona | set guidelines for police questioning of accused persons to protect them against self-incrimination and protect their right to counsel |
| Sixth Amendment | designed to protect individuals accused of crimes; includes right to counsel, right to confront witnesses, right to a speedy and public trial |
| Eighth Amendment | forbids cruel and unusual punishment |
| Gregg v. GA | upheld constitutionality of the death penalty |
| McCleskey v. Kemp | related to argument of increased likelihood of minority conviction for death penalty |
| Roe v. Wade | holding that state ban on abortion was unconstitional |
| Planned Parenthood v. Casey | lowered evaluating restriction on abortion from "strict scrutiny" to "undue burden" |
| Fourteenth Amendment | adopted after Civil War; "equal protection of the laws" |
| Scott v. Sandford | ruling that a slave who escaped to a free state enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories |
| Thirteenth Amendment | forbade slavery |
| Plessy v. Ferguson | provided a constitutional justification for segregation via "separate but equal" |
| Brown v. Board of Education | 1954 decision holding that school segregation was unconstitutional because it violated the 14th Amendment's guarantee of equal protection |
| CRA of 1964 | made racial discrimination against any group in hotels, motels, or restaurants illegal and forbade many forms of job discrimination |
| Fifteenth Amendment | extended suffrage to African Americans |
| Twenty-fourth Amendment | declared poll taxes illegal in federal elections |
| Voting Rights Act of 1965 | designed to help end barriers to African-American suffrage (under it, 100s of thousands were registered) |
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