AP Government & Politics Ch. 4 Key Terms Flashcards
Civil Liberties
The legal constitutional protections against government.
Due Process Clause
Part of the 14th Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the U.S. or state governments without due process of law.
Bill of Rights
The first 10 Amendments to the U.S. constitution, which define such basic liberties as freedom of religion, press, speech and guarantee defendants rights.
First Amendment
Freedom of the press, of speech, of religion, & of assembly.
Fourteenth Amendment
The constitutional amendment adopted after the civil war that states, “No state shall make or enforce any law that which shall abridge the privileges or immunities of citizens of the U.S.; 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.
Incorporation Doctrine
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 14th Amendment.
Establishment Clause
Part of the 1st Amendment stating that “Congress shall make no law respecting an establishment of religion.
Free Exercise Clause
A 1st Amendment provision that prohibits government from interfering with the practice of religion.
Prior Restraint
A government preventing material from being published.
Libel
The publication of false or malicious statements that damage someone’s reputation.
Symbolic Speech
Nonverbal communication, such as burning a flag or wearing an armband.
Commercial Speech
Communication in the form of advertising.
Probable Cause
The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed to search for and seize incriminating evidence.
Unreasonable Searches & Seizures
Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th Amendment.
Search Warrant
A written authorization from a court specifying the area to be searched & what the police are searching for.
Exclusionary Rule
The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained.
Fifth Amendment
A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self incrimination, & punishment without due process of law.
Self-incrimination
The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court.
Sixth Amendment
A constitutional amendment designed to protect individuals accused of crimes. Its includes the right to counsel, the right to confront witnesses, & the rights to a speedy & public trial.
Plea Bargaining
A bargain struck between the defendant’s lawyer & 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.
Eighth Amendment
The constitutional amendment that forbids cruel & unusual punishment, although it does not define this phrase.
Cruel & Unusual Punishment
Court sentences prohibited by the 8th 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 & unusual punishment.
Right to privacy
The right to a private personal life free from the intrusion of government.
