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AP GOV FLASHCARDS
AP GOV: Rest of Civil Liberties Flashcards
| Question | Answer |
|---|---|
| Selective Incorporation | A constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights. |
| Palko v. CT | A case decided on December 6, 1937, by the United States Supreme Court holding that double jeopardy was not a fundamental right. The case concerned whether the Double Jeopardy Clause of the Fifth Amendment applied to the states. |
| 2nd Amendment | Right to Bear Arms; A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. |
| NRA | A powerful lobby that advocates the right to own and bear arms and rejects any gun regulation by the government. |
| Gun Show Loophole | A political term in the United States referring to the sale of firearms by private sellers, including those done at gun shows, that do not require the seller to conduct a federal background check of the buyer. |
| Charleston Loophole | A dangerous gap in the federal system that allows gun sales to proceed after three business days, even if the background check has not yet been completed. States can address this loophole by giving time to background check operators to verify buyers. |
| Red Flag Laws | Established a legal procedure for the temporary removal of firearms from a person who may pose a danger to themselves or others. Firearms are not removed without due process to prevent tragedies. |
| 4th Amendment | The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation... |
| Unreasonable Search & Seizure | This process is executed 1) without a legal search warrant signed by a judge or magistrate with descriptions about the crime scene 2) without probable cause 3) extending the scope of search and seizure. |
| Warrant | Document needed to search a suspect's house, car, belongings, etc. |
| Probable Cause | A reasonable reason why a person is arrested or searched without a search warrant. |
| Mapp v. Ohio | A case in which the U.S. Supreme Court on June 19, 1961, ruled (6–3) that evidence obtained in violation of the Fourth Amendment to the U.S. Constitution, which prohibits “unreasonable searches and seizures,” is inadmissible in state courts. |
| Exclusionary Rule | Requirement that evidence unconstitutionally or illegally obtained should be excluded from a criminal trial. |
| NJ v. TLO | The Court held that the Fourth Amendment's prohibition on unreasonable searches and seizures is not limited solely to the actions of law enforcement personnel. It also applies to the conduct of public school officials. |
| Reasonable Suspicion | A phenomenon when an objectively reasonable police officer would suspect that a crime has been, is, or will be committed. |
| 9th Amendment | The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. |
| Privacy | The right of individuals to be free from unreasonable governmental intrusion into their personal lives, including their thoughts, beliefs, expressions, and intimate relationships (strongly correlates with Abortion) |
| Due Process Clause (14th Amendment) | No State shall create laws that abridge privileges or immunities of U.S. Citizens; nor shall States deprive any person of life, liberty, or property, without due process of law; nor deny to any person within jurisdiction equal protection of laws |
| Griswold v. CT | Marked the beginning of an era of change for sexual and reproductive rights in the United States. Ruling that the states had no right to ban contraception for married couples |
| Roe v. Wade | Made state abortion bans unconstitutional—and abortion care legal, more accessible, and safer throughout the country. |
| Planned Parenthood v. Casey | Reaffirmed the decision of Roe v. Wade (1973) prohibiting states from disallowing abortion prior to viability. Ruled that states should have the right to regulate abortions for the health of the mother or fetus. |
| "Undue Burden Test" | A legislature cannot make a particular law that is too burdensome or restrictive of one's fundamental rights within the Constitution. |
| Dobbs v. Jackson Women's Health | Allowed states throughout the United States to severely restrict or ban abortion outright. |
| Pro-Choice | A political, legal, and social movement aimed at increasing and preserving women’s access to medical abortion. |
| Pro-Life | A movement opposed to abortion, led by the National Right to Life Committee, which argues that Fourteenth Amendment protections begin at conception. |
| 5th Amendment | No person shall be held to answer for a capital, or otherwise infamous crime, unless indictment of a Grand Jury; except in land or naval force, militia, war, or public danger, LLP, no being tried 2x, no self-blame, due process, priv prop w/o compensation |
| Pretrial Rights | You have these rights: Right to liberty. Right to be free from arbitrary arrest or detention. Right to be considered innocent until proven guilty. Right to basic human dignity, food, and medical care. Unavailable to those accused of a capital offense. |
| Self-Incrimination Clause | The intentional or unintentional act of providing information that will suggest your involvement in a crime, or expose you to criminal prosecution. |
| Due Process Clause (5th Amendment) | No person shall be deprived of life, liberty, or property, without due process of law. |
| Double Jeopardy Clause | Prohibits anyone from being prosecuted twice for substantially the same crime. |
| Takings Clause | Prevents governments from seizing private property for public use without fair payment/compensation. |
| Grand Jury Clause | A jury of 12 to 23 people who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment. |
| 6th Amendment | In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law... |
| Public Trial | A trial that aims to ensure the accused is fairly dealt with and would not be unjustly condemned and that his rights are not compromised. |
| Impartial Trial | All of the jury members are unbiased and are able to hand down a verdict based simply on evidence and no external factors/influences. |
| Gideon v. Wainwright | Guaranteed the right to legal counsel for criminal defendants in federal and state courts. |
| Counsel | An individual who provides legal advice or guidance to someone on specific subject matter (mainly focusing on criminal matters in this unit). |
| Assistance of Counsel Clause | A defendant has a right to have the assistance of these individuals, and if the defendant cannot afford them, the government appoints one or pays the defendant's legal expenses. This is a constituent of the right to a fair trial. |
| Indigent | A poor defendant; not penniless but in need and who has no financial support from any other. |
| Strickland v. Washington | After this case, court agreed that the Sixth Amendment imposes on counsel a duty to investigate, because reasonably effective assistance must be based on professional decisions and informed legal choices can be made only after investigation of options. |
| Miranda v. Arizona (Miranda Rule) | An arrested individual is entitled to rights against self-incrimination and to an attorney under the 5th and 6th Amendments.Warnings that a police officer is required to give to a detainee based on constitutional requirements. |
| 8th Amendment | Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. |
| Cruel & Unusual Punishment | Prohibited by the 8th Amendment; includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed. |
| Eminent Domain | Power of a government to take private property for public use. |
| D.C. v. Heller | Private citizens have the right under the Second Amendment to possess an ordinary type of weapon and use it for lawful, historically established situations such as self-defense in a home, even when there is no relationship to a local militia. |
| Militia | The military force of the nation, consisting of citizens called forth to execute the laws of the Union, suppress insurrection and repel invasion. |
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