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AP Gov full > Civil Rights & Liberties 3: > Flashcards

Civil Rights & Liberties 3: Flashcards

(72 cards)

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1
Q

1st amendment

A

freedom of religion, speech, press, people to gather together, petition the government

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2
Q

2nd amendment

A

a well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed

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3
Q

3rd amendment

A

right not to have soldiers live in your house

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4
Q

4th amendment

A

right to not have the police search you or your belongings unreasonably or w/o probable cause

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5
Q

5th amendment

A

right not to incriminate yourself, right not to be charged w/the same offense twice, right to have due process

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6
Q

6th amendment

A

right to have a speedy criminal trial, right to have a lawyer in a criminal trial

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7
Q

7th amendment

A

right to have a jury in a civil trial

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8
Q

8th amendment

A

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

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9
Q

9th amendment

A

rights specifically not listed in the Constitution (federal) shall not limit the rights not listed in the Constitution (state)

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10
Q

10th amendment

A

powers not specifically listed in the constitution for the federal government are reserved (given) to the states

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11
Q

13, 14, 15th amendments

A

civil war amendments

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12
Q

13th amendment

A

makes slavery illegal (1865)

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13
Q

14th amendment

A

Due Process and Equal Protection, Citizenship, Most of the BoR were not applied to State Laws

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14
Q

15th amendment

A

african americans allowed to vote, states cannot ban

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15
Q

19th amendment

A

guaranteed the right to vote for women

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16
Q

24th amendment

A

outlawed poll taxes

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17
Q

abortion

A

terminating a pregnancy, controversial and prominent political issue since Roe v. Wade

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18
Q

Affirmative Action

A

programs which seek to create special employment opportunities for minorities, women, etc

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19
Q

Bill of Rights

A

Specific restrictions on the Federal Government, first 10 amendments

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20
Q

Bills of Attainder

A

Declaring a person/group guilt w/o a trial, not allowed in our constitution

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21
Q

Brown v. Board of Education

A

Overruled “separate but equal” doctrine

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22
Q

Civil Liberties

A

Protections the Constitution provides against the abuse of governmental power

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23
Q

Civil Rights

A

Protecting certain groups against discrimination

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24
Q

Civil Rights Act of 1964

A

Increased the rights of African-Americans AND gave the Federal gov more power to enforce the law, cut money to the states if they did not enact the 24th

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25
Clear & Present Danger Test
8th amendment, not allowed yet the death penalty in states makes this debatable
26
de facto segregation
segregated by neighborhoods that feed into a school system
27
de jure segregation
segregation by law (pre Brown v. Board)
28
Due Process
Appropriate legal procedures and safeguards must be followed
29
Due Process Clause
"No state shall deprive any person of life, liberty or property w/o the due process of law," 14th amendment
30
Equal Protection
Laws, both federal and state, must provide equivalent protections to all people
31
Equal Protection Clause
"No state shall deny to any person within its jurisdiction the equal protection of the laws" 14th amendment
32
Equal Rights Amendment
Failed amendment effort to guarantee fully women's equality under the law
33
Establishment Clause
"Congress shall make no law respecting an establishment of religion" 1st amendment
34
Exclusionary Rule
evidence gathered in violation of the Constitution (if there was not probable cause or police did not get a search warrant) cannot be used in a trial
35
executive privilege
power of the executive branch to resist inquiries and subpoenas, except in criminal investigations
36
Ex Post Facto
a law that makes illegal an act that was legal when committed, Not Allowed in our Constitution
37
Family Leave Act of 1993
12 weeks of unpaid leave for Mothers and Fathers
38
Freedom of Association
Government may not restrict the number of types of groups that a citizen may belong to, as long as those groups do not threaten national security
39
Free Exercise Clause
no government interference w/ religious groups and their activities, 1st amendment
40
Gideon v. Wainwright
Right to a lawyer in a state trial, selectively incorporated 6th amendment
41
Grandfather Clause
Allowed poor, illiterate whites to vote in the south, poll tax exemption for citizens whose grandfathers were allowed to vote prior to 15th
42
Griswold v. Connecticut
Established an implied right to privacy as citizens
43
Indictment
a formal charge or accusation of a serious crime
44
Inevitable Discovery Rule
SCOTUS has determined that illegally seized evidence that would have been found legally can also be admissible in court
45
Jim Crow Laws
Segregationist laws passed in the south
46
Lemon Test
SCOTUS w/their decision in Lemon v. Kurtzman have created a three-part test to determine if a law violates the Establishment CLause (Freedom of Religion)
47
Libel
written statement defaming another by false statement, not protected speech
48
Lilly Ledbetter Fair Pay Act 2009
Closed a loophole on discriminatory suits to favor women's pay
49
Miranda v. Arizona
Your "rights" must be read to you, 5th, 6th, & 14th amendments at the time of a defendant's arrest
50
objective good faith
exception to unreasonable search in which the government presumed it was a legal search
51
obscenity
an extremely offensive word(s) or expression, not protected speech
52
Plessy v. Ferguson
SCOTUS established the "separate but equal" clause
53
Poll taxes
A tax that must be paid to vote, discriminates against low income population, deprived many African Americans from voting
54
Preferred Position Doctrine
SCOTUS believes speech is fundamental to liberty, therefore any limits must be a threat to the nation or life
55
Prior Restraint
censorship by the government, usually toward the media
56
Probable Cause
Incident to an arrest crime is being committed and/or safety is a priority
57
Reverse Discrimination
opponents of affirmative action argue that these programs penalize whites which is illegal under the CIvil Rights Act of 1964
58
Rights of the Accused
Many are found in the 5th amendment, fundamental protections against governmental use of power
59
Roe v. Wade
SCOTUS established national abortion guidelines extending the inferred right of privacy in the amendments
60
Schneck v. US
Speech was not constitutionally protected because it posed a "clear & present danger" to the country
61
Search Warrant
an order from a judge authorizing the search of a place and describing what is to be searched and seized
62
Selective Incorporation
SCOTUS has nationalized the BoR by making most of its provisions applicable to the states through the 14th amendment
63
self-incrimination
a defendant cannot be forced to testify at trial, also defendant has the right to remain silent at the time of their arrest
64
sexual harassment
sexist or sexual behavior, physical or verbal, that creates a hostile work environment
65
Shield Laws
some states have enacted laws (protections) for media that they do not have to name their sources
66
Slander
Defamatory oral statement, not protected speech
67
Three-Part Obscenity Test
Miller vs CA, Obscenity is NOT protected by the 1st amendment. This test determines protected or unprotected
68
Voting Rights Act of 1965
Allowed the federal gov. to step into any state w/less than 50% registered voters or where there were literacy tests. Feds could register voters
69
Warren Court
Under Chief Justice Early Warran, SCOTUS expanded the protections granted to criminal defendants
70
Writ of Habeas Corpus
Article 1, Section 9 Relief from unlawful imprisonment, legal doc
71
26th amendment
extended the right to vote to 18 yr olds
72
cruel and unusual punishment
8th amendment, not allowed yet the death penalty in states makes this up for debate

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