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AP gov > Units 4 > Flashcards

Units 4 Flashcards

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1
Q

Civil liberties
& where they are formally set down

A

The constitutional and other legal protections against government actions.
Our civil liberties are formally set down in the Bill of Rights

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2
Q

The constitutional and other legal protections against government actions. Formally set down in the Bill of rights

A

Civil liberties

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3
Q

Bill of Rights

A

The first 10 amendments to the US Constitution, which define such basic liberties as freedom of religion, speech, and the press, and they guarantee defendants’ rights

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4
Q

The first 10 amendments to the US Constitution, which define such basic liberties as freedom of religion, speech, and the press, and they guarantee defendants’ rights

A

Bill of Rights

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5
Q

Who is the final interpreter of the content & scope of our liberties

A

Supreme court

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6
Q

Who has the power to interpret the Constitution?

A

Supreme court

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7
Q

First amendment

A

Protects the fourth great liberties: freedom of religion, freedom of speech, freedom of the press and freedom of assembly

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8
Q

Protects the fourth great liberties: freedom of religion, freedom of speech, freedom of the press and freedom of assembly

A

First amendment

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9
Q

14th amendment

A

No state shall make or enforce any laws which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property without due process of law

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10
Q

No state shall make or enforce any laws which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property without due process of law

A

14th amendment

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11
Q

Due process clause

A

Part of the 14th amendment guaranteeing that people cannot be deprived of life, liberty, or property by the US or state governments without due process of law

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12
Q

Part of the 14th amendment guaranteeing that people cannot be deprived of life, liberty, or property by the US or state governments without due process of law

A

Due process clause

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13
Q

Incorporation doctrine

A

The legal concept under which the Supreme Court has nationalized the bill of Rights by making most of its provisions applicable to the states through the 14th amendment

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14
Q

The legal concept under which the Supreme Court has nationalized the bill of Rights by making most of its provisions applicable to the states through the 14th amendment

A

Incorporation doctrine

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15
Q

Establishment clause

A

Part of the first amendment stating that Congress shall make no law respecting an establishment of religion 

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16
Q

Part of the first amendment stating that Congress shall make no law respecting an establishment of religion

A

Establishment clause

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17
Q

Free exercise clause

A

First amendment provision that prohibits the government from interfering with the practice of religion


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18
Q

First amendment provision that prohibits the government from interfering with the practice of religion

A

Free exercise clause

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19
Q

Lemon test

A

The conditions under which the government can aid church related schools 

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20
Q

The conditions under which the government can aid church related schools

A

Lemon test

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21
Q

Engel v. Vitale

A

The 1962 Supreme Court decision holding that state officials violated the first amendment when they required that a prayer should be recited by public school children 

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22
Q

The 1962 Supreme Court decision holding that state officials violated the first amendment when they required that a prayer should be recited by public school children

A

Engel v vitale

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23
Q

Prior restraint

A

Government actions that prevent material from being published. Prior restraint is usually prohibited by the first amendment.

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24
Q

Government actions that prevent material from being published. It is usually prohibited by the first amendment.

A

Prior restraint

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25
Q

Shenck v. United States

A

The 1919 Supreme Court decision upholding the conviction of a socialist, who had urged resistance to the draft during World War I. Justice Holmes decided that government can limit speech if speech provokes “a clear and present danger”

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26
Q

The 1919 Supreme Court decision upholding the conviction of a socialist, who had urged resistance to the draft during World War I. Justice Holmes decided that government can limit speech if speech provokes “a clear and present danger”

A

Shenck v. United States

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27
Q

Libel

A

The publication of false and malicious statements that may damage someone’s reputation

28
Q

The publication of false and malicious statements that may damage someone’s reputation

A

Libel

29
Q

Symbolic speech

A

Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protected under the first amendment.

30
Q

Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protected under the first amendment.

A

Symbolic speech

31
Q

Commercial speech

A

Communication in the form of advertising, which can be restricted
more than other types of speech

32
Q

Communication in the form of advertising, which can be restricted
more than other types of speech

A

Commercial speech

33
Q

Probable cause

A

Reasonable grounds for believing that a person is guilty of a crime. In order to make a lawful arrest, the police must have probable cause 

34
Q

Reasonable grounds for believing that a person is guilty of a crime. In order to make a lawful arrest, the police must have this

A

Probable cause

35
Q

Exclusionary rule

A

The rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional matter. The rule prohibits the use of evidence obtained through unreasonable search and seizure.

36
Q

The rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional matter. The rule prohibits the use of evidence obtained through unreasonable search and seizure.

A

Exclusionary rule

37
Q

Fifth amendment

A

Design to protect the rights of people accused of crimes. It provides protection against double Jeopardy, self incermination, and punishment, without due process of law. 

38
Q

Design to protect the rights of people accused of crimes. It provides protection against double Jeopardy, self incermination, and punishment, without due process of law.

A

Fifth amendment

39
Q

Self incrimination

A

Being a witness against oneself. The fifth amendment forbids involuntary self incrimination.

40
Q

Being a witness against oneself. The fifth amendment forbids involuntary self incrimination.

A

Self incrimination 

41
Q

Sixth amendment

A

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial. 

42
Q

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

A

Sixth amendment

43
Q

Gideon v. Wainwright

A

The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed has a right to a lawyer. The decision requires the government to provide a lawyer to anyone accused who is too poor to afford one. 

44
Q

The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed has a right to a lawyer. The decision requires the government to provide a lawyer to anyone accused who is too poor to afford one.

A

Gideon v Wainwright 

45
Q

Plea-bargaining

A

A bargain stuck between a defendant’s lawyer and a prosecutor that the defendant will plead guilty to a lesser crime in exchange for the states’ promise not to prosecute the defendant for a more serious crime

46
Q

A bargain stuck between a defendant’s lawyer and a prosecutor that the defendant will plead guilty to a lesser crime in exchange for the states’ promise not to prosecute the defendant for a more serious crime

A

Plea-bargaining

47
Q

Eighth amendment

A

The constitutional amendment that forbids cruel and unusual punishment 

48
Q

The constitutional amendment that forbids cruel and unusual punishment

A

Eighth amendment

49
Q

Tinker v Des Moines Independent school district

A

Black armbands to oppose the Vietnam war
Freedom of speech, symbolic speech

50
Q

Black armbands to oppose the Vietnam war
Freedom of speech, symbolic speech

A

Tinker v Des Moines Independent school district

51
Q

McDonald v. Chicago

A

Georgia banned guns even though the second amendment protects guns
If the second amendment applies to state governments

52
Q

Wisconsin v Yoder

A

Amish people didn’t want to attend school past 8th grade due to religious purposes
Free exercise of religion

53
Q

Amish people didn’t want to attend school past 8th grade due to religious purposes
Free exercise of religion

A

Wisconsin v Yoder

54
Q

Schenk v United States

A

Schenk created Socialist party during war and was convicted for violating the Espionage Act
Free speech

55
Q

created Socialist party during war and was convicted for violating the Espionage Act
Free speech

A

Schenck v. United States

56
Q

Espionage act

A

Makes it a crime to be disloyal or refuse participation or duty in the military

or to obtain information relating to America’s national defense with the intent to use it

57
Q

Makes it a crime to be disloyal or refuse participation or duty in the military

A

Espionage act

58
Q

New York Times co. vs U.S

A

Newspaper published classified reports during the Vietnam war and ran the risk of violating the espionage act
Freedom of press

59
Q

Newspaper published classified reports during the Vietnam war and ran the risk of violating the espionage act
Freedom of press

A

New York times co. v. US

60
Q

Fourteenth amendment

A

Equal protection under law for all

61
Q

Equal protection under law for all

A

Fourteenth amendment

62
Q

Mcculloch v Maryland

A

Congress established a national bank
Maryland taxed the bank and said it was unconditional
National bank is “necessary and proper” in order to carry out enumerated powers
-necessary and proper clause, implied powers, commerce clause

63
Q

Congress established a national bank
Maryland taxed the bank and said it was unconditional
National bank is “necessary and proper” in order to carry out enumerated powers
-necessary and proper clause, implied powers, commerce clause

A

Mcculloch v Maryland

64
Q

United States v. Lopez

A

Lopez walked into school carrying a weapon
Charged with violating federal law: Gun Free School Zones Act
Lopez challenged court stating that schools were controlled by state governments, not the federal government
Ruled that congress overstepped its power under the commerce clause

65
Q

Lopez walked into school carrying a weapon
Charged with violating federal law: Gun Free School Zones Act
Lopez challenged court stating that schools were controlled by state governments, not the federal government
Ruled that congress overstepped its power under the commerce clause

A

United States v Lopez

AP gov (4 decks)

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