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AP GOVERNMENT TERMS > Civil Liberties & Civil Rights > Flashcards

Civil Liberties & Civil Rights Flashcards

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1
Q

Civil Liberties

A

protections against government restrictions on the freedoms of conscience, religion, and expression - as well as due process a fair trial procedure

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2
Q

Civil Rights

A

the rights of all people to due process and the equal protection of the laws, including the right of all people to be free from irrational discrimination

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3
Q

Legal Privileges

A

rights granted by the government that may be subject to conditions

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4
Q

Writ of habeas corpus

A

a court order requiring the explanation to a judge as to why a prisoner is being held in custody

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5
Q

Ex post facto laws

A

a retroactive criminal law that works to disadvantage a person

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6
Q

Due Process Clause

A

limits the state and federal government from depriving a person of life, liberty, or property without due process of law; in the fifth and fourteenth amendment

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7
Q

Selective Incorporation

A

the process of applies the provisions of the Bill of Rights

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8
Q

Cases that deal with the freedom of Speech

A
  • Schenck v. the United States (1919)
  • Tinker v. Des Moines (1969)
  • New York Co. v. United States (1971)
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9
Q

Cases that deal with the freedom of Religion

A
  • Wisconsin v. Yoder (1972)
  • Engel v. Vitale (1962)
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10
Q

Cases that deal with the freedom of Privacy/ Property

A
  • Roe v. Wade (1973)
  • McDonald v. Chicago (2010)
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11
Q

Cases that deal with Rights of Defendant

A
  • Gideon v. Wainright (1963)
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12
Q

Establishment Clause

A

states that any level of government may not create an establishment respecting any religion; in the First Amendment

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13
Q

Free Exercise Clause

A

states that congress can make no law that prohibits the free exercise of religion; in the First Amendment

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14
Q

Bad Tendency Test

A

allowed the restricting of speech that encourages illegal activity

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15
Q

Clear and Present Danger Test

A

government cannot interfere with speech unless it presents a clear and present danger that will lead to evil or illegal acts

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16
Q

Preferred Doctrine Policy

A

interpretation of the First Amendment that holds that people can only be punished for what they do, not what they say

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17
Q

Prior Restraint

A

Censorship from government on speech prior to its publication or broadcast

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18
Q

Content Neutral/ Viewpoint Neutral

A

courts are more likely to uphold laws that limit all content, as opposed to laws that limit a certain viewpoint

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19
Q

Libel

A

published falsehoods that harm a person’s reputation

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20
Q

Obscenity

A

speech ‘excessively concerned with sexual matters’ difficulty defining obscenity

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21
Q

Fighting words

A

words that directly lead to a breach of the peace

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22
Q

Civil Disobedience

A

deliberate refusal to obey a law or comply with the orders of public

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23
Q

Eminent Domain

A

the ability to take private property for public use

24
Q

Regulatory Taking

A

allows a person to physically own their property - but still restricts the use of the land due to government regulation

25
Q

Procedural Due Process

A

constitutional requirement that governments proceed by proper methods; limits how government can exercise power

26
Q

Substantive Due Process

A

constitutional requirement that governments act reasonably and that the substance of laws themselves be fair and reasonable; limits what a government may do

27
Q

Exclusionary Rule

A

a legal requirement that evidence gathered illegally be excluded from a criminal trial; violates the Fourth Amendment

28
Q

Before a trial begins, a person must be ______ by a grand jury

A

indicted

29
Q

Grand Jury

A

a jury that is concerned with reviewing that available evidence, and determining if there is enough to charge the defendant; differs from a trial jury

30
Q

Civil Rights

A

protections against discrimination resulting from the division of majority and minority in population

31
Q

Difference between Civil Rights and Civil Liberties

A

Civil Rights show what the government must do in order to provide equal protection; Civil Liberties show what the government is not allowed to do

32
Q

Poll Tax

A

a required payment of a fee to vote; disenfranchised both poor white and poor black voters

33
Q

Grandfather Clause

A

a law that limited voting to only people that could prove their ancestors voted prior to 1867

34
Q

Literacy Test

A

a test that required prospective voters to read, recite, or interpret text in the Constitution

35
Q

White Primary

A

a state primary election whose voters were exclusively limited to the white population

36
Q

Types of Voting Barriers

A
  • Poll Tax
  • Grandfather Clause
  • Literacy Test
  • White Primary
37
Q

Types of Segregation

A
  • De Jure Segregation
  • De Facto Segregation
38
Q

De Jure Segregation

A

segregation resulting from discriminatory laws or government actions

39
Q

De Facto Segregation

A

segregation resulting from factors other than laws - residential patterns, choice, etc.

40
Q

Which Amendment do “Separate but Equal” facilities violate?

A

They violates the Equal Protection Clause of the 14th Amendment

41
Q

What is the general concept of Civil Rights?

A

nonviolence

42
Q

Malcom X

A

the most visible leader of the early Black Power movement

43
Q

Black Power Movement

A

an alternative movement that happened both simultaneously and after the Civil Rights movement

44
Q

Traits of the Black Power Movement

A
  • takes a more militant stance; people should fight back when oppressed
  • desegregation should not result in cultural assimilation
45
Q

Timeline of the Civil Rights Movement

A
  • Rosa Parks refused to move from her seat and was arrested (1955)
  • Dr. King and other pastors meet in Atlanta to discuss protests (1957)
  • Ruby Bridges is escorted in Willian Frantz Elementary School (1960)
  • The “Freedom Riders” - black and white activists - rode buses and protested racial segregation (1961)
  • “March on Washington” and Dr. King’s “I Have a Dream” speech (1963)
  • “Blood Sunday” a March in Selma to Montgomery to protest black voter suppression (1965)
46
Q

Results of the Civil Rights Movement

A
  • Civil Rights Act of 1964
  • Voting Rights Act of 1965
47
Q

Civil Rights Act of 1964

A

a law preventing employment discrimination due to race, color, sex, religion, or national origin

48
Q

Voting Rights Act of 1965

A

a law that prevents the use of literacy tests for voting, allows the government to review voter qualifications, allows federal observers to monitor polling paces

49
Q

Assassination on Malcom X (1965)

A

Malcom X is assassinated by members of the Nation of Islam

50
Q

Supreme Court Standards for Judicial Review

A
  • strict scrutiny
  • intermediate (exacting) scrutiny
  • rational basis
51
Q

Suspect Classification

A

a class or group of people that are likely the subject of discrimination

52
Q

When is strict scrutiny used?

A

when considering a fundamental right at stake or when laws are based on suspect classification

53
Q

When is intermediate scrutiny used?

A

when considering laws that challenge gender classifications

54
Q

Which is the least strict of the standards of judicial review?

A

the rational basis test

55
Q

Affirmative Action

A

policy efforts to improve employment and other opportunities for members of groups that have faced discrimination

AP GOVERNMENT TERMS (6 decks)

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