Wylie AP Government Terms Unit 2

77 terms by Valedink11 

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14th Amendment

This amendment declared that all persons born or naturalized in the United States were entitled equal rights regardless of their race, and that their rights were protected at both the state and national levels.

Civil Liberty

fundamental individual right protected by law and expressed as immunity from unwarranted governmental interference

Due Process

a law that advocates the administration of justice according to established rules and principles

Establishment Clause

the First Amendment guarantee that the government will not create and support an official state church

Prior Restraint

government censorship of information before it is published or broadcast

Symbolic Speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

Shield Laws

laws designed to ensure confidentiality of news sources

Search Warrant

a warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court

5th Amendment

right to grand jury, indictment, no double jeopardy, freedom from self-incrimination, due process of law

8th Amendment

No cruel and unusual punishments

Plea Bargain

(criminal law) a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge

Bill of Attainder

a legislative act finding a person guilty of treason or felony without a trial

Sedition

an illegal action inciting resistance to lawful authority and tending to cause the disruption or overthrow of the government

Right to a Fair Trial

6th Amendment

Miranda Rights

Rights possessed by persons who are arrested by the police. (Remain silent, Attorney, etc.)

Right to a Jury Trial

7th Amendment

Equal Protection

A clause that is part of the 14th Amendment stating that "no state shall...deny to any person within its jurisdiction the equal protection of the laws." Protected an individual from not only federal laws, but also at the state level.

9th Amendment

Citizens entitled to rights not listed in the Constitution

Voting Rights Act of 1965

Law that invalidated the use of any test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised blacks; 1965

24th Amendment

Amendment to the U.S. Constitution (1964) eliminated the poll tax as a prerequisite to vote in national elections.

Poll Tax

a tax of a fixed amount per person and payable as a requirement for the right to vote

Grandfather Clause

A clause in registration laws allowing people who do not meet registration requirements to vote if they or their ancestors had voted before 1867.

Jim Crow

Laws written to separate blacks and whites in public areas/meant African Americans had unequal opportunities in housing, work, education, and government

De facto segregation

segregation (especially in schools) that happens in fact although not required by law

1st Amendment

freedom of religion, speech, press, assembly, and petition

Civil Rights

right or rights belonging to a person by reason of citizenship including especially the fundamental freedoms and privileges guaranteed by the 13th and 14th amendments and subsequent acts of Congress including the right to legal and social and economic equ

Incorporation

Application of portions of the Bill of Rights to the states under the 24th Amendment

Free Exercises

In Reynolds v. US (1879), the Supreme Court denied this right to Reynolds because his religion's practice of polygamy violated federal law.

Libel

a tort consisting of false and malicious publication printed for the purpose of defaming a living person

Commercial Speech

communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.

Probable Cause

evidence that is sufficient enough to warrant an arrest or search and seizure

Exclusionary Rule

a rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

6th Amendment

Right to a fair, speedy trial

Self Incrimination

the situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids it.

Right to Privacy

right to be free of unsanctioned intrusion

Ex Post Facto Law

a law that makes an act criminal although the act was legal when it was committed

Pure Speech

Verbal communication of ideas and opinions

Obscenity

an offensive or indecent word or phrase

Right to Counsel

Individual right found in the Sixth Amendment of the Constitution that requires criminal defendants to have access to legal representation.

Affirmative Action

a policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities

Penumbras

Shadows of the rights of the people

Civil Rights Act of 1964

This act 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.

15th Amendment

citizens cannot be denied the right to vote because of race, color , or precious condition of servitude

Suffrage

a legal right guaranteed by the 15th amendment to the US constitution

19th Amendment

gave women the right to vote

Comparable worth

the issue raised when women who hold traditionally female jobs are paid less than men for working at jobs requiring comparable skill

Separate but equal

Principle upheld in Plessy v. Ferguson (1896) in which the Supreme Court ruled that segregation of public facilities was legal.

De jure segregation

segregation that is imposed by law

Barron v. Baltimore

court case deciding that the Bill of Rights cannot be applied to state governments

Gitlow v. New York

extended First Amendment to the states

Lemon v. Kurtzman

Court case deciding that the law must be clearly secular, not prohibiting or inhibiting religion, and there should be no excessive entanglement

Engel v. Vitale

Court case banning formal prayer in schools, goverment wouldn't make any religion the 'official' religion.

School District of Abington Township, Pennsylvania v. Schempp

A 1963 Supreme Court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment.

Near v. Minnesota

the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint.

Schenck v. United States

Court case that limited freedom of speech, upheld the Espionage Act, and held that under certain circumstances, the Supreme Court can limit free speech

Zurcher v. Stanford Daily

(freedom of press case) 1978; a proper search warrant could be applied to a newspaper (and other things) without violating the rights to freedom of the press

Roth v. United States

a 1957 Supreme Court decision ruling that obscenity is not within the area of constitutionally protected speech or press.

Miller v. California

Court case that determined the obscenity clause to related to works that lack literary, artisitic, political or scientific value. (LAPS test)

New York Times v. Sullivan

Court case concerning libel of public officials/figures; decided that public officials/figures have less privacy rights.

Texas v. Johnson

flag burning is protected by the First Amendment

Miami Herald Publishing Company v. Tornillo

Court case stating that the state could not force newspaper to print replies from candidates it had criticized; limited the government's power to restrict print media

NAACP v. Alabama

protected right to assemble peacefully. naacp did not have to reveal its membership

Mapp v. Ohio

Court case that established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

Gideon v. Wainwright

Court case that said that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

Gregg v. Georgia

dealth penalty in cases of murder is not protected by 8th amendment

McCleskey v. Kemp

1987; upheld the consitutionality of the death penalty against charges, that it violated the 14th Amendment because minority defendants were more likely to receive the death penalty than were White defendants.

Roe v. Wade

established national abortion guidelines; trimester guidelines; no state interference in 1st; state may regulate to protect health of mother in 2nd; state may regulate to protect health or unborn child in 3rd. inferred from right of privacy established in griswald v. connecticut

Planned Parenthood v. Casey

1992, reaffirmed Roe v Wade but upheld certain limits on its use

Dred Scott v. Sandford

denied citizenship to enslaved African Americans and denied right to sue in federal court. Invalidated Missouri Compromise (no slaves north of 36° 30')

Plessy v. Ferguson

Supreme Court case that ruled that segregation in public places/facilities was legal as long as the facilites were equal

Brown v. Board of Education

court found that segregation was a violation of the Equal Protection clause "separate but equal" has no place

Korematsu v. United States

1944 Supreme Court case where the Supreme Court upheld the order providing for the relocation of Japanese Americans. It was not until 1988 that Congress formally apologized and agreed to pay $20,000 to each survivor.

Reed v. Reed

1971 1st time Supreme Court upheld a case of gender discrimination

Craig v. Boren

1976 established medium scrutiny for determining gender discrimination

Regents of the University of California v. Bakke

1978 state university couldn't admit less qualified individuals solely based on race; no quotas

Adarand Constructors v. Pena

A 1995 Supreme Court decision holding quotas and ethnicity percentage requirement for government jobs are unconsitutional

Red Lion Broadcasting Company v. Federal Communications Commission

1969; upheld restrictions on radio and television broadcasting. These restrictions on the broadcast media are much tigheter than those on the print media because there are only a limited number of braodcasting frequencies available.

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