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AP GOV UNIT 3
Terms in this set (36)
The legal constitutional protections against government. Although our civil liberties are formally set down in the Bill of Rights, the courts, police, and legislatures define their meaning.
Bill of Rights
The first 10 amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights.
The constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly.
The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.
Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion."
free exercise clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the UNited States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota.
The publication of false or malicious statements that damage someone's reputation.
Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the First Amendment.
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.
The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, the police are allowed legally to search for and seize incriminating evidence.
unreasonable searches and seizures
Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. Probable cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence.
A written authorization from a court specifying the area to be searched and what the police are searching for. The Fourth Amendment requires a search warrant to prevent unreasonable searches and seizures.
The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure.
The constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without the due process of law.
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 self-incrimination.
The constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witness, and the right to a speedy and public trial.
A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.
The constitutional amendment that forbids cruel and unusual punishment, although it does not define the phrase. Through the Fourteenth Amendment, this Bill of Rights provision applies to the states.
cruel and unusual punishment
Court sentences prohibited by the Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment.
right to privacy
The right to a private personal life free from the intrusion of government.
Due Process Clause
14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
the rights of citizens to political and social freedom and equality.
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
equal protection of the laws
Part of the Fourteenth Amendment emphasizing that the laws must provide equivalent "protection" to all people.
Civil Rights Act of 1964
outlawed discrimination based on race, color, religion, sex, or national origin
the right to vote
15th Amendment (1870)
U.S. cannot prevent a person from voting because of race, color, or creed
A requirement that citizens pay a tax in order to register to vote
the practice of keeping blacks from voting in the southern states' primaries through arbitrary use of registration requirements and intimidation
Voting Rights Act of 1965
a law designed to help end formal and informal barriers to African-American suffrage
19th Amendment (1920)
Ratified on August 18, 1920 (drafted by Susan B. Anthony and Elizabeth Cady Stanton), prohibits any United States citizen from being denied the right to vote on the basis of sex. The Constitution allows the states to determine the qualifications for voting, and until the 1910's most states disenfranchised women. The amendment was the culmination of the women's suffrage movement in the U.S.
Equal Rights Amendment
constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender
Americans with Disabilities Act
Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to all public and commerical buildings.
affrmative action laws
gives a leg to those who were disciminated in past
-get preferencial treatment to woman and minority who were denied things such as jobs and oppertunities
-federal gov does this(white males go around this law by putting buisness under wife name)
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