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

Civil Rights & Liberties 3: Flashcards

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
Q

Clear & Present Danger Test

A

8th amendment, not allowed yet the death penalty in states makes this debatable

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26
Q

de facto segregation

A

segregated by neighborhoods that feed into a school system

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27
Q

de jure segregation

A

segregation by law (pre Brown v. Board)

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28
Q

Due Process

A

Appropriate legal procedures and safeguards must be followed

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29
Q

Due Process Clause

A

“No state shall deprive any person of life, liberty or property w/o the due process of law,” 14th amendment

30
Q

Equal Protection

A

Laws, both federal and state, must provide equivalent protections to all people

31
Q

Equal Protection Clause

A

“No state shall deny to any person within its jurisdiction the equal protection of the laws” 14th amendment

32
Q

Equal Rights Amendment

A

Failed amendment effort to guarantee fully women’s equality under the law

33
Q

Establishment Clause

A

“Congress shall make no law respecting an establishment of religion” 1st amendment

34
Q

Exclusionary Rule

A

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
Q

executive privilege

A

power of the executive branch to resist inquiries and subpoenas, except in criminal investigations

36
Q

Ex Post Facto

A

a law that makes illegal an act that was legal when committed, Not Allowed in our Constitution

37
Q

Family Leave Act of 1993

A

12 weeks of unpaid leave for Mothers and Fathers

38
Q

Freedom of Association

A

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
Q

Free Exercise Clause

A

no government interference w/ religious groups and their activities, 1st amendment

40
Q

Gideon v. Wainwright

A

Right to a lawyer in a state trial, selectively incorporated 6th amendment

41
Q

Grandfather Clause

A

Allowed poor, illiterate whites to vote in the south, poll tax exemption for citizens whose grandfathers were allowed to vote prior to 15th

42
Q

Griswold v. Connecticut

A

Established an implied right to privacy as citizens

43
Q

Indictment

A

a formal charge or accusation of a serious crime

44
Q

Inevitable Discovery Rule

A

SCOTUS has determined that illegally seized evidence that would have been found legally can also be admissible in court

45
Q

Jim Crow Laws

A

Segregationist laws passed in the south

46
Q

Lemon Test

A

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
Q

Libel

A

written statement defaming another by false statement, not protected speech

48
Q

Lilly Ledbetter Fair Pay Act 2009

A

Closed a loophole on discriminatory suits to favor women’s pay

49
Q

Miranda v. Arizona

A

Your “rights” must be read to you, 5th, 6th, & 14th amendments at the time of a defendant’s arrest

50
Q

objective good faith

A

exception to unreasonable search in which the government presumed it was a legal search

51
Q

obscenity

A

an extremely offensive word(s) or expression, not protected speech

52
Q

Plessy v. Ferguson

A

SCOTUS established the “separate but equal” clause

53
Q

Poll taxes

A

A tax that must be paid to vote, discriminates against low income population, deprived many African Americans from voting

54
Q

Preferred Position Doctrine

A

SCOTUS believes speech is fundamental to liberty, therefore any limits must be a threat to the nation or life

55
Q

Prior Restraint

A

censorship by the government, usually toward the media

56
Q

Probable Cause

A

Incident to an arrest crime is being committed and/or safety is a priority

57
Q

Reverse Discrimination

A

opponents of affirmative action argue that these programs penalize whites which is illegal under the CIvil Rights Act of 1964

58
Q

Rights of the Accused

A

Many are found in the 5th amendment, fundamental protections against governmental use of power

59
Q

Roe v. Wade

A

SCOTUS established national abortion guidelines extending the inferred right of privacy in the amendments

60
Q

Schneck v. US

A

Speech was not constitutionally protected because it posed a “clear & present danger” to the country

61
Q

Search Warrant

A

an order from a judge authorizing the search of a place and describing what is to be searched and seized

62
Q

Selective Incorporation

A

SCOTUS has nationalized the BoR by making most of its provisions applicable to the states through the 14th amendment

63
Q

self-incrimination

A

a defendant cannot be forced to testify at trial, also defendant has the right to remain silent at the time of their arrest

64
Q

sexual harassment

A

sexist or sexual behavior, physical or verbal, that creates a hostile work environment

65
Q

Shield Laws

A

some states have enacted laws (protections) for media that they do not have to name their sources

66
Q

Slander

A

Defamatory oral statement, not protected speech

67
Q

Three-Part Obscenity Test

A

Miller vs CA, Obscenity is NOT protected by the 1st amendment. This test determines protected or unprotected

68
Q

Voting Rights Act of 1965

A

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
Q

Warren Court

A

Under Chief Justice Early Warran, SCOTUS expanded the protections granted to criminal defendants

70
Q

Writ of Habeas Corpus

A

Article 1, Section 9 Relief from unlawful imprisonment, legal doc

71
Q

26th amendment

A

extended the right to vote to 18 yr olds

72
Q

cruel and unusual punishment

A

8th amendment, not allowed yet the death penalty in states makes this up for debate

AP Gov full (19 decks)

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