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AP Government > Unit 3 : Chapters 14&15 > Flashcards

Unit 3 : Chapters 14&15 Flashcards

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1
Q

Civil liberties

A

Individual freedoms

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2
Q

Civil rights

A

Protections against discrimination by group

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3
Q

Selective incorporation

A

Process of making rights in the bill of rights effect states in the 14th amendment

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4
Q

Protected speech (2)

A

Cant be punished
- political speech
-symbolic speech

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5
Q

Unprotected speech (5)

A

Can be punished
-libel
-slander
-commercial speech
-obscenity
-fighting words

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6
Q

Libel

A

Written
1) not true, 2) person knows it’s not true, 3) hurt someone

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7
Q

Slander

A

Spoken
1) not true, 2) person knows it’s not true, 3) hurt someone

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8
Q

Obscenity

A

Miller test : 1) material appeals to a puritan interest, 2) depects a sexual act in a defensive way , 3) no redeeming values

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9
Q

Fighting words

A

Said to an individual person that would make them fight you

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10
Q

Habeaus corpus

A

Everyone goes to court to make sure they are fairly arrested

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11
Q

Bill of attainder

A

Punishing someone without a trial (not allowed)

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12
Q

Ex post facto laws

A

Being punished for a illegal thing you did before it was illegal (not allowed)

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13
Q

Bill of right

A

Only appealed to national government

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14
Q

14th amendment

A

Gave rights in bill of rights to states through selective incorpertion
-due process clause

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15
Q

Due process clause

A

Ensures fairness

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16
Q

Due process in 14th amendment

A

States can not deprive anyone of their life liberty or property without due process

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17
Q

Due process in the 5th amendment

A

Federal government can not deprive anyone of their life liberty or property without due process

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18
Q

Procedural due process

A

Steps that must be followed before depriving someone of their life liberty or property
(Steps)

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19
Q

Substantive due process

A

Ensures the laws themselves are fair
(Substance)

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20
Q

Exclusionary rule

A

Illegally obtained evidence can not be used in court and is destroyed forever

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21
Q

First amendment freedoms (5)

A

Freedom of..
-speech/ expression
-religion
-press
-assembly
-petition

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22
Q

Establishment clause

A

Prevents gov from making laws establishing religion in conjunction to the government
(sep of church and state)

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23
Q

Tests to see if something violates establishment clause

A
  • wall of / strict separation
    -lemon test: which was then replaced by..
  • endorsement test
    -non- preferential test:( doesn’t perfer one religon)
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24
Q

Lemon test

A

1) does it lack secular purpose, 2) is it primary effect promoting religon, 3) does it entangle gov with religon
- replaced by endorsement test

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25
Q

Free exercise clause

A

Right to practice or not to practice a religon

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26
Q

Tests to see if something violates the free exercise clause

A
  • does it have a compelling state interest/ is it essential
  • does it have secular purpose
  • does it single out one group for religious persuasion
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27
Q

Bad tendency test

A

permits legislatures to forbid speech encouraging people to engage in illegal actions

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28
Q

clear and precedent danger test

A

gov can not interfere unless there is a clear and precedent danger
-not used anymore

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29
Q

preferred position doctrine

A

gov can not punish people for what they say, only for what they do because freedom of expression/ speech is essential to democracy

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30
Q

prior restraint

A

gov censorship of the press
-only allowed when national security may be compermised

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31
Q

civil disobedience:

A

refusal to obey the law

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32
Q

property rights

A

rights of an individeual to own, use, rent, invest in, buy and sell property

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33
Q

eminent domain

A

power of the gov to take private property for public use

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34
Q

regulatory taking

A

when gov regulation effectivly takes lands by restricting its use, even if it remains under the owners name

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35
Q

privacy includes the right to.. (3)

A
  • be free from governmental surveillance and intrusion
  • not have the government make private affairs public
    -be free in __ and belief from governmental regulations (?)
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36
Q

4th amendemnt

A

-police need a search warrant in order to search public property
-police cant search someone without a probable clause
-exclusionary rule

37
Q

search warrant

A

writ by a magistrate that allows police to search of a person, pace or vehicle

38
Q

probable clause

A

reason for suspicion

39
Q

5th amendment

A
  • self-incrimination
    -“innocent until proven guilty”
    -Miranda rights
40
Q

self incrimination

A

people arnt forced to supply evidence against themselves

41
Q

Miranda Rights

A

from Miranda v. Arizona
-have to be informed of your constitutional rights before being questioned by the police

42
Q

6th amendemnt

A

-speedy trial
-right to counsel (right to an attorney, Gideon v. Wainwright)
-requires a jury

43
Q

plea bargin

A

agreement with the prosecutor and defendant where the defendant will plead guilty earlier to avoid hasher punishment

44
Q

grand jury

A

jury of 12-23 people who in private hear evidence presented by the gov to decide whether a person should stand in trial. if there sufficient evidence they’ll issue an indictment

45
Q

indictment

A

written statemnt from grand jury charging an indeiviedual with an offense
-also called a “true bill”

46
Q

petit jury

A

jury of 6-12 people that determine the guilt or innocence of a person

47
Q

double jeprodey

A

cant be charged for the same crime twice

48
Q

8th amendment

A

no cruel or unusual punishment

49
Q

1-48: Chapter 14
50 and on: Chapter 15

A
50
Q

equal protection (14th amendment definition)

A

” nor shal any state… deny to any person with in its jurisdiction the equal protection of the law”

51
Q

protected class

A

equal protection applies
- examples: race, gender, age

52
Q

unprotected class

A

equal protection does not apply
-example: income

53
Q

equal protection

A

bans discrimination against groups that does not have a good reason/ bans arbitrary (without reason) discrimination

54
Q

rational basis test

A

discrimination based on age
-Is the discrimination rational or reasonable?
easiest to pass

55
Q

Heightened scrutiny test

A

discrimination based on gender
-is there an important objective?
-is the act of discrimination related to that objective?

56
Q

strict scrutiny test

A

discrimination based on race
- is there a compelling state interest?
-is there no less restrictive way/ is this the only way?
hardest to pass

57
Q

natural rights/ human rights

A

the rights of all people to dignity and worth

58
Q

affirmative action

A

remedial action designed to overcome the effects of discrimination against minorities
-example: colleges taking race into account when accepting students

59
Q

naturalization

A

the legal action of conferring citizenship to an alien

60
Q

dual citizenship

A

citizenship to more than one nation

61
Q

the right of expatriation

A

the right to take away your own citizenship

62
Q

13th amendment

A

outlawed slavery

63
Q

14th amendment (in terms of citizenship)

A

(also) gave citizenship to former slaves

64
Q

15th amendment

A

gave african american men the right to vote

65
Q

plessy v. ferguson

A

created “separate but equal”
- public places can be segregated as long as the conditions were equal

66
Q

brown v. board of education

A

-overturned Plessy v. Ferguson
- started de-segregating schools

67
Q

Civil Rights Act of 1964

A

bans racial discrimination in public places and employment
-justice department could now enforce civil right laws

68
Q

Equal Employment Opportunity Commission

A

established in the civil rights act of 1964 to monitor no racial discrimination in employment

69
Q

19th amendment

A

gave women the right to vote

70
Q

Equal rights amendment

A

enforced equality to women
-was passed but never ratified into an amendment

71
Q

Americans with Disabilities Act of 1990

A

protects disabled americans agaisist job discrimination
- requires all employers to provide reasonable accommodations

72
Q

“dont ask, dont tell” policy

A

bypassed restrictions on homosexuality by preventing labeling

73
Q

Voting Rights Act of 1965

A

outlawed discriminatory voting practices like..
-literacy test
-poll taxes

74
Q

literacy test

A

literary requirement to vote
-now illegal

75
Q

grandfather clause

A

exempts all illiterate white males from taking the literacy test if their grandfather could vote before 1860 from literary test

76
Q

poll taxes

A

tax required to vote
-prohibited in national elections by the 24th amendment
-unconditional for ALL elections in Harper v. Board of Educadion 1966

77
Q

Age Discrimination in Employment Act of 1967

A

no employment discrimination on the basis of age

78
Q

Fair Housing Act of 1968

A

bans discrimination when buying or renting

79
Q

Title IX Education Ammendment of 1972

A

prevent discrimination because of gender in school programs of financial assistance

80
Q

Rehabilitation Act of 1973

A

prohibits discrimination on the basis of disabilities

81
Q

Civil Rights Act of 1991

A

Strengthens Civil Rights Act of 1964 (?)

82
Q

Smit v. Allwright

A

outlawed the use of white primaries

83
Q

white primaries

A

primaries in southern state elections where only white voters could vote

84
Q

racial gerrymandering

A

drawing district lines to ensure a certain race is the minority in that district

85
Q

jim crow laws

A

state laws that were formally used to have public accommodations and facilities discriminated by race
- now unconstitutional

86
Q

class action suit

A

a law suit by an individual of group on behalf of all those similarly situated
-one representing all

87
Q

restrictive covenant

A

a provision in a deed on property prohibiting its sale to people of a certain race or religion
- unconstitutional by the Judicial Enforcement

88
Q

de jure segregation

A

segregation imposed by law

89
Q

de facto segregation

A

segregation resulting from economic. social conditions or personal choice

AP Government (2 decks)

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