AP Gov Key Terms - Chapter 4

36 terms by aliheus

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Civil Liberties

the protections pf citizens from improper governmental action

Civil Rights

the legal or moral claim that individuals are entitled to make on the government (government's responsibility to protect citizens)

Substantive restraints

put limits on what the government shall and shall not have the power to do

procedural restraints

deal with how the government is supposed to act

Due process of law clause

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law"

Equal Protection of the laws clause

the provision of the Fourteenth Amendment quartering citizens "the equal protection of the laws." This clause has served as the basis for the civil rights of African Americans, women and other groups

selective incorporation

one-by-one application of the provisions of the Bill of Rights to protection of the Fourteenth Amendment

Miranda Rule

the convention derived from the Supreme Court's 1966 ruling in the case of Miranda v. Arizona whereby persons under arrest must be informed of legal rights, including their right to counsel, before undergoing police interrogation

Establishment Clause

The First Amendment clause says, "Congress shall make no law respecting an establishment of religion." This law means that a wall of separation exists between Church and State

Free Exercis Clause

The First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses

Lemon Test

Rule articulated in Lemon v. Kurtzman according to which governmental action in respect to religion is permissible if it is secular in purpose, does not lead to "excessive entanglement" with religion, and neither promotes not inhibits the practice of religion

"Wall of Separation"

separation between church and state, which is established by the First Amendment to the United States Constitution

Strict Scrutiny

the criteria used by the Supreme Court in racial discrimination cases and other cases invloving civil liberties and civil rights; places the burden of proof on the government, rather than the challengers, to show that the law in question is constitutional

"clear and present danger"

the criterion used to determine whether speech is protected or unprotected based on its capacity to present a "clear and present danger" to society

pure speech

speech that is not associated with any symbolic action

speech plus

speech accompanied by activities such as sit-ins, picketing, and demonstrations, protection of this form of speech under the First Amendment is conditional, and restrictions imposed bu the state or local governments are acceptable if properly balanced by considerations of public order

symbolic speech

speech done with a symbolic act that is usually designed to send a direct message and to draw a crowd

prior restraint

an effort by a government agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States, the courts forbid prior restraint except under the most extraordinary circumstances

Libel

a written statement made in "reckless disregard of the truth" and is considered damaging to a victim because it is "malicious, scandalous, and defamatory."

Slander

an oral statement made in "reckless disregard of the truth" and is considered damaging to a victim because it is "malicious, scandalous, and defamatory."

Fighting words

speech that directly incited damaging conduct

exclusionary rule

the ability of courts to exclude evidence obtained in violation of the Fourth Amendment

Grand Jury

a jury that determines whether sufficient evidence is available to justify a trial. Grand Juries do not rule on the accused's guilt or innocence

double jeopardy

the Fifth Amendment right providing that a person cannot be tried twice for the same crime

eminent domain

the right of the government to take private property for public use with reasonable compensation awarded for the property

right to privacy

the right to be let alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions

enemy combatants

president is given the power to declare any individual an "enemy combatant" who can be detained by federal authorities under adverse legal circumstances

Equal protection clause

the provision of the Fourteenth Amendment quartering citizens "the equal protection of the laws." This clause has served as the basis for the civil rights of African Americans, women and other groups

"separate but equal" clause

the doctrine that public accomadations could be segregated by race but still be equal (overturned by Brown v. Board of Ed)

de jure segregation

racial segregation that is a direct result of law or official policy

de facto segregation

racial segregation that is not a direct result of law or government policy, but is a reflection of residential patterns, income distributions, or other social factors

Instrumental behavior

behavior motivated by and directed toward some purpose or object

experimental behavior

behavior done because it is enjoyed - people feel good inside, free of guilt and take pleasure in the activity for its own sake

intermediate scrutiny

the test used by the Supreme Court in gender discrimination cases; places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional

affirmative action

program designed to redress historic injustices committed against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities

quotas

specifically defined numbers which may or may not bet involved in affirmative action policies

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