A.P. Government50 cards

Tagged as: government, criminal justic, law, religion, fitness, language, latin, act, accounting, education

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1

civil liberties

the personal gaurentees and freedoms that the federal government cannot abridge by law; constitutional or judicial interpretation

2

civil rights

the government-protected rights of individuals against arbitrary or discriminatory treatment

3

bill of rights

the first ten amendments to the U.S. constitution, which largely gaurentee specific rights and liberties

4

ninth ammendment

part of the Bill of Rights that reads "The enumeration in the constitution, of certian rights shall not be construed to deny or disparage others retained by the people

5

tenth amendment

part of the bill of rights that reinerates the powers not delegated to the national government are reserved to the states or to the people

6

due process clause

clause contained in the fifth and fourteenth amendments over the years it has been construed to gaurentee to individuals a variety of rights ranging from economic liberties to criminal procedural rights to protection from arbitrial government action

7

substantive due process

judicial interpretation of the fourth and fifteenth amendment's due process clause that protects citizens from arbitrary or unjust laws

8

incoperation doctrine

an interertation of the constitution that holds that holds that the due process clause of the of the 14th amendment requires that state and local governments also gaurentee those rights

9

selective incorperation

a judicial document whereb y most but not all the protections found in the Bill of Rights are made applicable to the states via the fourteenth amendment

10

fundamental freedoms

those rights defined by the court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review, strict scrutiny

11

first amendment

part of the bill of rights that imposes a number of restrictions on the federal government with respect to the civil liberties of the people, including freedom of religion, speech, press, assembly, and petition.

12

establishment clause

the first clause of the first amendment; it prohibits the national government from establishing a national religion

13

free exercise clause

the second clause to the first amendment; it prohibits the U.S. government from interfering with a citizen's right to practice his or her religion

14

prior restraint

constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the 1st amendment

15

clear and present danger test

test articulated by the supreme court in Schnek v. U.S. (1919) to draw the line betweeen protected and protected and unprotected speech; The Court looks to see "wheter the words used" could create "Clear and Present danger that they will bring about

16

direct incitement test

test articulated by the supreme court in Brandenburg V. Ohio (1969) that holds the advocacy of illegal action is protected by the first amendment unles imminent lawless action is intended and likely to occur

17

symbolic speech

symbols, signs, and other methods of expression generally also considered to be protected by the first amendment

18

libel

false written statement or a written statement tending to call someone's reputation into disrepute

19

slander

untrue spoken statements that defame the character of a person

20

New York Times Co. V. Sullivan (1964)

the supreme court concluded that "actual malice" must be proved to support a finding of liable against a public figure

21

fighting words

words that, "by thier very utterance inflict injury or tend to incite an immediate breech of peace". __________ are not subject to the first amendment

22

writs of Habeus Corpus

court orders in which a judge reguires authorities to prove that a prisoner is being held lawfully and and that allows prisoner to be freed if the judge is not persuaded by the government's case. ________ rights imply that prisoners have a right to k

23

ex post facto law

from the Latin "after the fact," a law that applies to action committed before the law was passed. Prohibited by the Constitution

24

bill of attainder

a legislative act that inflicts unishment on individuals without any kind of judicial action. prohibited by the constitution

25

fourth amendment

the right of people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly d

26

fifth amendment

restrictions on the federal government with respect to the rights of persons suspected of committing a crime. provides for inditement by a jury and protection against self incrimination prevents the national government from denying a person the righ

27

Miranda Rights

statements that must be made by the police informing a suspect of his or her constitutional rights potected by the 5th amendment, including the right to an attorney provided by the court if a suspect cannot afford one

28

double jeopardy clause

part of the 5th amendment that protects individuals from being tried twice for the same offense

29

exclusionary rule

judicially created rule that prohibits police from using illegal seized evidence at trial

30

sixth amendment

sets out the requirements procedural due process for federal courts to follow in criminal trials. these include speedy and public trials impartial juries, trial in the state where crimes were committed, notice of the charges, right to confront witnes

31

eighth amendment

"excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishments inflicted"

32

right to privacy

the right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras or shadows cast by several constitutional amendments including the 1st, 3rd. 4th, 9th, and 14th

33

civil rights

the government-protected rights of individuals against arbitrary or discriminitory treatment by governments or individuals.

34

thirteenth amendment

one of three civiil war amendments; specifically bans slavery in the U.S.

35

Black Codes

laws denying most legal rights to newly freed slaves; passed by southern states following the civil war

36

fourteenth amendment

one of three civil war amendments; gaurentees equal protection and due process of the law to all U.S. Citizens

37

Fifteenth Amendment

one of the three civil war amendments; specifically enfranchised newly freed male slaves

38

Jim Crow Laws

laws enacted by southern states that discriminated against blacks that created "white only" schools, theatres, hotels, and other publlic accomidations

39

Civil Rights Cases (1883)

name attached to five cases brought under the Civil Rights act of 1875. The supreme court decided that discrimination in a variety of public accomidations including theatres, hotels, and railroads, could not be prohibited by the act because such disc

40

poll tax

a tax levied in many southern states and localities that had to be paid before an eligible voter could cast a ballot

41

grandfather clause

voting qualification provisions in many southern states that allowed only those whose grandfather's had voted before reconstruction to vote unless they passed a wealth or literacy test

42

suffarage movement

the drive for voting rights for women that took place in the United States from 1890 to 1820

43

Nineteenth amendment

amendment to the constitution that gaurenteed women the right to vote

44

equal protection clause

section of the fourteenth amendment that gaurentees that all citizens recive equal protection of the laws

45

civil rights act of 1964

wide ranging legislation passed by congress to outlaw segregation in public facilities and discrimination in employment, education, and voting; created the Equal Employment Oppertunity Commission

46

de jure discrimination

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

47

fe facto discrimination

racial discrimination that results from practice (such as housing patents or other social or institutional non-governmental factors) rather than the law

48

Equal Employment Oppertunity Commission

federal agency vreated to enforce the Civil Rights act of 1964, which forbids discrimination on the basis of race, creed, national orgin, religion, or sex in hiring, promotion, or firing

49

Women's Equality Amendment

proposed amendment to the constitution that states "Equality of Rights under the law shall not be denied or abridged by the U.S. or any state on account of sex

50

Suspect Classification

category or class such as race, that trigers the highest standard of scrutiny from the supreme court