AP Gov Unit 3 Flashcards
10th Amendment- Reserved Powers
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people
This means that:
- Federal government power is limited to what’s in the constitution
- Any powers not specifically given to the federal government will go to the state or people
Selective Incorporation
A constitutional doctrine that ensures that states cannot create laws that infringe or take away the constitutional rights of citizens.
14th Amendment- Due Process Rights
No state shall make or enforce any law which shall abridge the privilege’s 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; nor deny to any person within its jurisdiction the equal protection of the laws.
14th Amendment- Equal Protection Rights
A states laws must treat any person in its jurisdiction the same way it would treat other people in similar circumstances, preventing the passing or enforcement of discriminatory laws.
14th Amendment- National Citizenship
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
1st Amendment- Clear and Present Danger
The 1st amendment does not protect speech that “creates a clear and present danger that will bring about the evils that the government has the right to prevent”
1st Amendment- Community Standards
Local norms bounding acceptable conduct.
1st Amendment- Free Exercise
Protects citizens’ right to practice their religion as they please, so long as the practice does not run afoul of a “public morals” or a “compelling” governmental interest.
1st Amendment- Incitement
1st Amendment- Libel
1st Amendment- No Establishment
1st Amendment- Prior Restraint
1st Amendment- Pure Speech
Pure speech in United States law is the communication of ideas through spoken or written words or through conduct limited in form to that necessary to convey the idea. It is distinguished from symbolic speech, which involves conveying an idea or message through behavior.
1st Amendment- Slander
Libel generally refers to written defamation, while slander refers to oral defamation, though much spoken speech that has a written transcript also falls under the rubric of libel. The First Amendment rights of free speech and free press often clash with the interests served by defamation law.
1st Amendment- Symbolic Speech
Symbolic speech consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing arm bands, and burning of draft cards. It is generally protected by the First Amendment unless it causes a specific, direct threat to another individual or public order.
2nd Amendment- Right to Bear Arms
The Second Amendment to the United States Constitution protects the right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the Bill of Rights.
2nd Amendment- Well-regulated Militia
A well regulated Militia, being necessary to the security of a free State, the
3rd Amendment- No Quartering
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
4th Amendment- Exclusionary Rule
The exclusionary rule prevents the government from using most evidence gathered in violation of the united states constitution
4th Amendment- Good Faith Exception
It is a exception to the exclusionary rule and that evidence gathered illegally can be used in a trial if the police believed their actions acquiring that evidence was legal.
4th Amendment- Privacy (Penumbra Right)
Right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures
4th Amendment- Probable Cause
Sufficient reason based on known information to believe a crime has been committed or connected to a property. Must exist for an officer to make an arrest, search or seize property without a warrant.
4th Amendment- Search and Seizure
Prohibits the United States government from conducting unreasonable searches and seizures
5th Amendment- Double Jeopardy
Prohibits anyone from being prosecuted twice for substantially the same crime
5th Amendment- Due Process
The requirement that the government cannot deprive a person of their freedom or property without going through the court system.
5th Amendment- Eminent Domain
The power of the government to take private property and convert it into public use.
5th Amendment- Indictments
No person shall be be held to answer for a capital, or otherwise infamous crime, unless they are presented to a grand jury.
5th Amendment- Just Compensation
Paid to property owners for the legal seizure of personal property or land.
5th Amendment- Self-Incrimination
The criminal defendant has the right to not testify.