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.
6th Amendment- Assistance of Council
Guarantees a criminal defendant the right to have an attorney defend him or her at trial.
6th Amendment- Confront Witnesses
The sixth amendment provides that a person should accused of a crime has the right to confront a witness against him or her in a criminal action.
6th Amendment- Impartial Jury
- guarantees the rights of criminal defendants
- the right to the lawyer
- the right to the an impartial jury
- the right to know who the accusers are
6th Amendment- Obtain Witnesses
Has the right to confront a witness against him or her in criminal action.
6th Amendment- Speedy and Public Trial
The sixth amendment guarantees of rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
7th Amendment- Trial by Jury in Civil Trials
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-ex- amined in any Court of the United States, than according to the rules of the common law.
8th Amendment- No Cruel and Unusual Punishment
The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants.
8th Amendment- No Excessive Bail
The Eighth Amendment of the United States Constitution states that: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
9th Amendment Rights Retained
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Civil Liberties
Civil liberties are rights guaranteed by the Constitution (primarily from the First Amendment). They have been described as natural rights which are inherent to each person. While they are commonly referred to as “rights,” civil liberties actually operate as restraints on how the government can treat its citizens.
Civil Rights
What are civil rights? Civil rights are an essential component of democracy. They’re guarantees of equal social opportunities and protection under the law, regardless of race, religion, or other characteristics.
Civil Rights Act of 1866
The Civil Rights Act of 1866 declared all persons born in the United States to be citizens, “without distinction of race or color, or previous condition of slavery or involuntary servitude.” Although President Andrew Johnson vetoed the legislation, that veto was overturned by the 39th United States Congress.
Civil Rights Act of 1964
Class-Action Suits
Cruel and Unusual versus Public Safety
De Facto Segregation
De Jure Segregation
Death Penalty
Defamation
Dixiecrats / State’s Rights Democrats
The States’ Rights Democratic Party was a short-lived segregationist political party in the United States, active primarily in the South.
Equal Protection Clause
A clause of the fourteenth amendment that forbids any state to deny equal protection of the laws to any individual within its jurisdiction.
Grandfather Clause
A clause in registration laws allowing people who do not meet registration requirements to vote if they or their ancestors had voted before 1867.
Hatch Amendment
Its main provision prohibits civil service employees in the executive branch of the federal government, except the president and vice president, from engaging in some forms of political activity.
Heavy Presumption against Prior Restraint
It’s likely the Court will declare an act of the government that blocks free expression unconstitutional
Hyde Amendment of 1976
To banned the use of federal funding to pay for abortions through Medicaid.
Kennedy’s Executive Order 10925
Executive Order 10925 gave federal contracting agencies authority to institute procedures against federal contractors who violated their EEO obligations—including contract cancellation, debarment from future contracts and other sanctions. It also created the President’s Committee on Equal Employment Opportunity, which upon passage of the Civil Rights Act in 1964 became the Equal Employment Opportunity Committee. The President’s Committee was chaired by Vice President Lyndon Johnson and later by Vice President Hubert Humphrey. The Committee’s vice chair was Secretary of Labor Willard Wirtz.
Limits on Bulk Collections of Telecommunications Meta Data
Targeted meta-data collection is collection of meta-data associated with any person of interest to the intelligence community. A person of interest would be a “target”. The data is collected by creating a “discriminant” associated with a target or a group of targets.
Limits to Speech
Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations or boundaries to freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, classified information, copyright violation, trade secrets, food labeling, etc.
Literacy Test
A literacy test assesses a person’s literacy skills: their ability to read and write have been administered by various governments to immigrants.
Miranda Rule
The Miranda rule, which the Supreme Court recognized as a constitutional right in its 1966 decision Miranda v. Arizona, requires that suspects be informed of their Fifth and Sixth Amendment rights “prior to interrogation” if their statements are to be used against them in court.
Obscene Speech
Obscenity is a category of speech unprotected by the First Amendment. Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures.
Offensive Speech
speech that offends can be defined as speech that: “Causes someone to feel resentful, upset, or annoyed” “Causes someone to feel hurt, angry, or upset : rude or insulting”
Penumbra Rights
The rights guaranteed by implication in a constitution or the implied powers of a rule.
Poll Tax
a tax levied on every adult, without reference to income or resources.
Pro-Choice
advocating legalized abortion.
Pro-Life
opposing abortion and euthanasia.
Public Safety Exceptions
allows into evidence an otherwise suppressible statement made by a defendant relating to information that the police needed at the time it was made in order to protect the public.
Separate But Equal
Title II (Roman numeral 2, not 11)
Title IX
Title VII
USA Freedom Act
Voting Rights Act of 1965
Warrantless Searches
