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36 terms

AP Gov Key Terms - Chapter 4

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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