AP Gov – Civil Liberties and Rights – Flashcards
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Civil Liberties
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The legal constitutional protections against government.
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Bill of Rights
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first 10 amendments to the Constitution.
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Barron vs. Baltimore
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the 1883 Supreme Court decision holding that the Bill of Rights retrained only the national government, not the states and cities.
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Gitlow vs. New York
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freedoms of press and speech are fundamental personal rights and liberties protected by the due process clause of the 14th amendment
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14th Amendment
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Adopted after the Civil War. No State shall make or enforce any law 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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Incorporation doctrine
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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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Establishment Clause
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Part of the 1st Amendment stating that Congress shall make no law respecting an establishment of religion.
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Free Exercise Clause
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1st Amendment provision that prohibits government from interfering with the practice of religion.
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Lemon vs. Kurtzman
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aid to church related schools must have a secular legislative purpose, have a primary effect that neither advances or inhibits religion, and doesn't foster government entanglement with religion.
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Schenck vs. United States
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Government can limit speech if it provokes a clear and present danger of substantive evils.
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Prior Restraint
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A government preventing material from being published. This is a common method of limiting the press in some nations, but is usually unconstitutional in the US (Near vs. Minnesota).
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Libel
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the publication of false or malicious statements that damage someone's reputation.
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symbolic speech
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Nonverbal communication, such as burning a flag or wearing an armband. Protected under the first Amendment.
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Commercial Speech
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Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the SCOTUS
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Probable Cause
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The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence.
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Unreasonable searches and seizures
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Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th Amendment.
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Search Warrant
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A written authorization from a court specifying the area to be searched what the police are searching for.
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Exclusionary rule
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The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained.
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Mapp vs. Ohio
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4th Amendment 's protection against unreasonable searches and seizures must be extended to the states as well as Federal Government.
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Self-Incrimination
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The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. 5th amendment prohibits it.
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Miranda vs. Arizona
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set guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.
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Cruel and Unusual Punishment
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Court sentences prohibited by the 8th Amendment.
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Right to Privacy
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The right to a private personal life free from the intrusion of government.
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Civil Rights
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policies designed to protect people against arbitrary or discriminatory treatment by government officials of individual.
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Plessy vs. Ferguson
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separate but equal is constitutional.
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Brown vs. Board of Education
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overturned Plessy vs. Ferguson.
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Civil Rights Act of 1964
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The law that made racial discrimination against any group in hotels, motels, and restaurants illegal and forbade many forms of job discrimination.
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Suffrage
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The legal right to vote.
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Poll Taxes
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Small taxes levied on the fight to vote that often fell due at a time of year when poor African-American sharecroppers had the least cash on hand. Declared void by the 24th Amendment
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White Primary
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One of the means to discourage African-American voting that permitted political parties in the heavily Democratic South to exclude African Americans from primary elections.
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Voting Rights Act of 1965
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A law designed to help end formal and informal barriers to African-Americans suffrage.
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Equal Rights Amendment
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A constitutional amendment originally introduced in 1923 and passed by Congress in 1972. Failed to acquire 3/4 vote of state legislatures.
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Comparable worth
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The issue raised when women who hold traditionally female jobs are paid less than men working at jobs requiring comparable skill.
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Americans with Disabilities Act of 1990
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A law passed in 1990 that requires employers and public facilities to make reasonable accommodations for people with disabilities and prohibits discrimination against these individuals in employment.
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Affirmative Action
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A policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group.
