Wylie AP Government Terms Unit 2
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Valedink11 on September 28, 2010
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77 terms
Terms | Definitions |
|---|---|
 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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