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AP Government and Politics > Unit 3 > Flashcards

Unit 3 Flashcards

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1
Q

Civil Liberties

A

Personal freedoms protected from the government from deprivation: protected in the Bill of Rights

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2
Q

Due Process

A

Ensures fairness that rights are protected from the government
- ensures that states can’t infringe on peoples rights/liberties without due process of the law
- 14th Amendment

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3
Q

Selective Incorporation

A

The process of declaring certain/selected provisions from the Bill of Rights and applying them to the states by provision

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4
Q

Compelling Government Interest

A

There can be restrictions on what you want to say
- ex a threat
- a compelling interest to protect safety

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5
Q

Prior Restraint

A

Stopping something before it happens
ex. you hand in a speech and the person checking says you have to change something before you present
- the government stopping harmful speech before it happens

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6
Q

Clear and Present Danger Test

A

Schenck v US
- no longer followed; updated; back then, if your speech would present a clear and present danger to society or gvmnt then it can be restricted

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7
Q

Imminent and Lawless Action Test

A

Brandenburg v Ohio
- only if speech can lead to lawlessness - happening now or likely to occur then it can be limited

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8
Q

Symbolic Speech

A

Speech not spoken
- posters, signs, etc
People can’t invoke symbol speech to defend an act that otherwise be illegal
- ex. you can’t walk taken to protest textiles
- can’t burn or desecrate US (US v Eichmann and Texas v Johnson)

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9
Q

Preferred Position Doctrine

A

There is an hierarchy of Constitutional rights
- some civil rights are more important than others

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10
Q

Time, Place, and Manner Test

A

the time, place, and manner of your speech can be restricted
Government regulations that place restrictions on free speech, specifying the above and whether it is okay

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11
Q

Obscenity

A

Some language and images are so offensive that governments have banned them
First Amendment doesn’t protect it and not full defined
ex. explicit lyrics or porn

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12
Q

Non-protected Speech

A

Libel/Slander
Obscenity
Fighting Words
Lying commercial speech

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13
Q

Libel/Slander

A
  • Gotta be factually untrue
  • has to be intended to cause harm
  • actually caused harm
    Libel: printed - Slander: spoken
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14
Q

Sedition

A

Talking smack on the government but more low-key then treason or espionage, isn’t really much of a thing anymore because you can openly talk against the government

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15
Q

Fighting Words

A

When you threaten someone
- since you are putting someone in potential psychical harm
- assault (threatening someone physical harm)

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16
Q

Commercial Speech

A

Suggesting/lying/implying to deceive consumers
- like regulations on food labels

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17
Q

Civil Disobedience

A

Opposing a law one considers unjust by peacefully disobeying it and accepting the resulting punishment
- Martin Luther King Jr and Rosa Parks

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18
Q

Establishment Clause

A

Congress shall make no law respecting an establishment of religion
- no official religion
- no states can establish religion

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19
Q

Free Exercise Clause

A

Congress shall make no law prohibiting the free exercise of any religion

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20
Q

Vouchers

A

School or state is giving money for their taxes and giving it to the parent for them to use for things like a private school

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21
Q

Procedural vs Substantive Due Process

A

Procedural: refers to the process used to try and convict defendants accused of crimes
Substantive: principle allowing courts to prevent government interference with fundamental rights

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22
Q

Search Warrants

A

Document needed to search a suspect’s house, car, belongings, etc
- probable cause is needed
- cops need these from judges

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23
Q

Plain View and Other Exceptions

A

-Good Faith: While searching for something, you found something unrelated you can use it!!
-Consent to searching but they’ll make you wait while waiting for a warrant
-Emergency: hear or see something that could be a potential emergency
-Plain View: if it’s in plain sight

24
Q

Self-Incrimination

A

5th Amendent
individuals accused of a crime have the right refuse potentially incriminating things with things like words and testimonies from themselves to themselves

25
Q

Indictment

A

5th Amendment
Precedes a trial; being arrested for a crime; government has to show enough evidence to a grand jury - you won’t be tried unless indicted

26
Q

Double Jeopardy

A

5th Amendment
Trial or punishment for the same crime by the same government, protected against this

27
Q

Right to Privacy

A

9th Amendment: all rights not mentioned (1-8) go to the people
Cases related:
Griswold v CT, Roe v Wade, Dobbs v Jackson Woman’s Health

28
Q

Civil Rights

A

Your protection from discrimination
- stems from Equal Protection Clause

29
Q

Equal Protection Clause

A

14th Amendment
All American citizens have equal protection under law
- no state shall deprive someone of equal protection of law

30
Q

Jim Crow Laws

A

Things like, in this place only white people can sit here
- segregation of schools
separate but equal (enforced by Plessy v Ferguson)
- literacy tests
- payment for things
- primaries were only white only

31
Q

Racial Gerrymandering

A

Drawing district lines based on race - illegal

32
Q

Poll Tax

A

Paying to vote to prevent black people living in lower income areas from voting

33
Q

Literacy Tests

A

Tests of literacy to vote in order to prevent black people with no education from voting

34
Q

White Primaries

A

flat out discrimination - primaries were white only
- primaries were important because they elect the head of the party

35
Q

Segregation

A

Separate but equal
- technically equal treatment, but they were separated
- not the case

36
Q

Woman’s Suffrage

A

Movement for women’s equal rights and opportunities

37
Q

Majority-Minority Districts

A

A racial or ethnic minority makes up a large enough area to assure the community has a chance to elect candidates of their race

38
Q

Affirmative Action

A

Take positive steps to fix a problems
- recognize inequality and promote the realization of equal opportunity for woman and minorities
- grey area because once you give someone an advantage, how do you make sure scales don’t tip the other way

39
Q

De Jure Segregation

A

In law
- what is challenged in civil rights
- no person shall be denied equal protection of law
- laws such as segregating schools

40
Q

De Fact Segregation

A

In Fact
- happens in reality, people group together around characteristics
- think chinatown and little Italy - Diaspora
- not government policy

41
Q

Texas v Johnson - 1989

A

1st Amendment Symbolic Speech
Protested Reagan administration, burned flag symbolically while protesters chanted
- 5-4 for Johnson
- symbolic speech was preserved, outweighed interest in preserving the flag

42
Q

Brandenburg v Ohio -1969

A

1st Amendment Free Speech
Ohio had laws against advocation of crime, sabotage, violence, or assembling a group to do so
- went against Brandenburg free speech
- unanimous decision for shithead
tests to evaluate speech
- imminent lawless action

43
Q

Kennedy v Bremerton - 2022

A

1st Amendment Establishment and Free Exercise
Engaged in prayer solo and students eventually joined - school board got word
- avoid issues with Establishment they trampled on his Free exercise
- ruled in favor of coach and replaced Lemon test and endorsement test, knocked down - created gray area of what the gvt can and can’t do when it comes to religion

44
Q

Mapp v Ohio - 1961

A

4th Amendment Search and Seizure
Bombing in Cleveland
- if you find evidence through illegal methods, it has to be excluded from trial and can not be used against defendant
- with exceptions

45
Q

New Jersey v TLO - 1985

A

4th Amendment Search and Seizure
TLO - high school who was searched out of suspicion of possession of cigarettes and found those and weed
- exclusionary apply to schools

rules in favor of New Jersey saying that if there was reason, schools could conduct warrantless searches

46
Q

Miranda v Arizona - 1966

A

5th Amendment Rights to the Accused
Police must inform suspects of their rights before questioning

47
Q

Griswold v CT - 1965

A

9th Amendment Right to Privacy
Connecticut tried to ban contraceptives
SCOTUS ruled their ban violated right to privacy

48
Q

Roe v Wade - 1973

A

9th Amendment Right to Privacy
If you can have privacy in your head and home, you can have privacy in your own body
- you can seek abortion

49
Q

Dobbs v Jackson - 2022

A

9th Amendment Right to Privacy
Overturned Roe v Wade
- any state can restrict or deny a women’s right to an abortion

50
Q

Plessy v Ferguson - 1896

A

Plessy (white) sat in a black only car, got fined (Ferg)
- SCOTUS rules separate but equal, Plessy couldn’t do that, had to sit in white areas only
- made Segregation by law okay

51
Q

Civil Rights of 1964

A

Addressed voting
prevented racial discrimination and segregation; ended the power of Jim Crow laws

52
Q

Title IX - Equal Opportunity in Education Act of 1972

A

No person of the US will be discriminated
- guaranteed women have the same educational opportunities in programs for federal funding

53
Q

Obergefell v Hodges - 2015

A

Legalized gay marriage - protected by Due process and Equal Protection

54
Q

UCal v Bakke - 1978

A

Uni of Cal’s use of racial quotas in admissions process was unlawful

55
Q

Students for Fair Admission v Harvard - 2023

A

Asian american applicants to Harvard grew but percent in Harvard didn’t
- applicants will not have to check boxes for race, race won’t be relevant in anyway for college

AP Government and Politics (6 decks)

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