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AP Government > Unit 2 Civil Liberties/Civil Rights Vocab (All) > Flashcards

Unit 2 Civil Liberties/Civil Rights Vocab (All) Flashcards

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1
Q

Bill of Rights

A

Amendments:
1 - Freedom of Religion, Speech, and the Press
2 - The Right to Bear Arms
3 - The Housing of Soldiers
4 - Protection from Unreasonable Searches and Seizures
5 - Protection of Rights to Life, Liberty, and Property
6 - Rights of Accused Persons in Criminal Cases
7 - Rights in Civil Cases
8 - Excessive Bail, Fines, and Punishments Forbidden
9 - Other Rights Kept by the People
10 - Undelegated Powers Kept by the States and the People

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2
Q

“Balancing test”

A

any judicial test in which the jurists weigh the importance of multiple factors in a legal case

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3
Q

14th Amendment

A

granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed

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4
Q

Due process of law

A

fair treatment through the normal judicial system, especially as a citizen’s entitlement

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5
Q

Equal protection of the law

A

requiring that states guarantee the same rights, privileges, and protections to all citizens (14th Amendment)

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6
Q

Privileges and Immunities

A

(Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner

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7
Q

“jus solis” vs. “jus sanguinis”

A

“jus solis” - right of anyone born in the territory of a state to nationality or citizenship
“jus sanguinis” - citizenship is not determined by place of birth but by having one or both parents who are citizens of the state

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8
Q

Selective incorporation

A

states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights

Barron v. Baltimore- United States Bill of Rights could not be applied to state governments

Gitlow v. New York-defined the scope of the First Amendment’s protection of free speech

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9
Q

Freedom of Religion

A

the right to practice whatever religion one chooses

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10
Q

Establishment Clause

A

clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress

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11
Q

Free Exercise Clause

A

clause in the First Amendment to the U.S. Constitution prohibiting Congress from making any law prohibiting the free exercise of religion

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12
Q

Wall-of-separation

A

Jefferson’s eight-word phrase, “a wall of separation between Church and State”

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13
Q

“Lemon Test”

A

three-part test enunciated in Lemon v. Kurtzman used to asses whether a law violates the Establishment Clause

Parts of the test-

1) statute must have a secular legislative purpose
2) primary effect must be one that neither advances nor inhibits religion
3) statute must not foster an excessive government entanglement with religion

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14
Q

Freedom of expression

A

Collectively, the rights to engage in freedom of speech, freedom of association, freedom of the press, and freedom of religion.

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15
Q

“Prior restraint”

A

judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful (First Amendment severely limits ability of government to do this)

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16
Q

“Clear and present danger” test

A

determine under what circumstances limits can be placed on First Amendment freedoms of speech, press or assembly

such as shouting “fire” in a crowded theater (speech), printing a list of the names and addresses of CIA agents (press) or gathering together a lynch mob (assembly)

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17
Q

Libel and Slander (defamation)

A

Defamation- damaging the good reputation of someone
Libel- written defamatory statement
Slander- spoken or oral defamatory statement

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18
Q

Obscenity

A

an extremely offensive word or expression

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19
Q

“Pure speech”

A

Spoken

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20
Q

“Speech plus”

A

Signs

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21
Q

“Symbolic speech”

A

Slogans/Actions

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22
Q

ACLU

A

American Civil Liberties Union

defended the rights of individuals aligned with unpopular causes, including American communists and Nazis

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23
Q

Exclusionary rule

A

aw that prohibits the use of illegally obtained evidence in a criminal trial

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24
Q

Search warrant

A

legal document authorizing a police officer or other official to enter and search premises

25
Q

Probable cause vs. Reasonable suspicion

A

Probable cause - reasonable grounds (for making a search, pressing a charge, etc.)

Reasonable suspicion- legal standard for arrests and warrants based on specific facts

26
Q

Self-incrimination

A

act of implicating oneself in a crime or exposing oneself to criminal prosecution

27
Q

“Good-faith” exception

A

illegally gathered evidence can be admitted at trial if police officers have reason to believe their actions are legal

28
Q

Miranda warning

A

must be told of the Fifth Amendment right not to make any self-incriminating statements

You have the right to remain silent.

Anything you say can and will be used against you in a court of law.

You have the right to an attorney.

If you cannot afford an attorney, one will be appointed for you.

29
Q

Eminent Domain

A

right of a government to expropriate private property for public use, with payment of compensation

30
Q

Right to privacy

A

concept that one’s personal information is protected from public scrutiny (not directly stated in the Constitution)

31
Q

Civil Rights

A

ights of citizens to political and social freedom and equality

32
Q

Suspect classifications

A

any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination

33
Q

Strict scrutiny

A

A standard of Judicial Review for a challenged policy in which the court presumes the policy to be invalid unless the government can demonstrate a compelling interest to justify the policy.

34
Q

Jim Crow laws

A

southerners reasserted their dominance by denying African Americans basic social, economic, and civil rights, such as the right to vote

35
Q

De jure segregation

A

separation enforced by law

36
Q

De facto segregation

A

widespread individual preferences, sometimes backed up with private pressure, lead to separation.

37
Q

“Separate but equal”

A

racially segregated but ostensibly ensuring equal opportunities to all races.
(Plessy v. Ferguson)

38
Q

National Association for the Advancement of Colored People (NAACP)

A

African-American civil rights organization in the United States

39
Q

Brown v. BOE Topeka and “Brown 2”

A
  • The Court ruled that segregation in public schools is prohibited by the Constitution.
40
Q

Civil disobedience

A

the refusal to comply with certain laws or to pay taxes and fines, as a peaceful form of political protest

41
Q

Public accommodations

A

entities, both public and private, that are used by the public.
(Ex. retail stores, rental establishments and service establishments, as well as educational institutions, recreational facilities and service centers)

42
Q

Civil Rights Act of 1964

A

outlawed discrimination based on race, color, religion, sex, or national origin

43
Q

Voting Rights Act of 1965

A

eliminated various devices, such as literacy tests, that had traditionally been used to restrict voting by black people

44
Q

19th Amendment

A

gave women the right to vote in 1920

45
Q

Reasonableness standard

A

test which asks whether the decisions made were legitimate and designed to remedy a certain issue under the circumstances at the time (sexual harassment)

46
Q

Equal Rights Amendment (ERA) 1972

A

was NEVER ratified amendment to the Constitution that would prohibit denial or abridgement of rights on the basis of sex

47
Q

Title VII (Civil Rights Act 1964)

A

federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion

48
Q

Title IX (Civil Rights Act 1964)

A

prohibits discrimination on the basis of sex by recipients of federal funds

49
Q

“Comparable worth”

A

concept that women and men should receive equal pay for jobs calling for comparable skill and responsibility

50
Q

Age Discrimination in Employment Act

A

forbids employment discrimination against anyone at least 40 years of age in the United States

51
Q

“Wet foot, dry foot”

A

says that anyone who fled Cuba and entered the United States would be allowed to pursue residency a year later

52
Q

American Association of Retired Persons (AARP)

A

nation’s leading organization for people age fifty and older

53
Q

Americans with Disabilities Act (ADA)

A

prohibits discrimination against people with disabilities

54
Q

“Least Restrictive Environment” (educational setting)

A

requirement in federal law that students with disabilities receive their education, to the maximum extent appropriate, with non-disabled peers and that special education students are not removed from regular classes unless, even with supplemental aids and services, education in regular classes cannot be achieved satisfactorily

55
Q

Equality of Opportunity vs. Equality of Result/Outcome

A

describes a state in which people have approximately the same material wealth or in which the general economic conditions of their lives are similar

56
Q

Affirmative Action

A

an action or policy favoring those who tend to suffer from discrimination, especially in relation to employment or education; positive discrimination

57
Q

Reverse discrimination

A

policy of favoring individuals belonging to groups known to have been discriminated against previously

58
Q

Bakke, Gratz, Gutter and Fischer cases (UnivCali, Michigan, UTAustin)

A

universities may take race into consideration as one factor among many when selecting incoming students

AP Government (12 decks)

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