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APGov Vocab V & VI
| Bill of Rights | adopted in 1791 by the states two years after the ratification of the Constitution, it established the basis of civil liberties for Americans |
| Civil liberties | those rights of the people that are protected by the Bill of Rights |
| Gitlow v. New York (1925) | landmark decision in that the Supreme Court incorporated the First Amendment to a state case for the first time |
| Clear and Present Danger Doctrine | est. in Schenck v. United States (1919), it gives the government the right to censor free speech if, during national emergencies such as war, it can be proven that the result of the speed will significantly hurt national security |
| Fighting words doctrine | est. in Chaplinsky v. New Hampshire (1942), the decision incorporated into state law the concept that the government can limit free speech if it can be proved that the result of speech will cause physical violence |
| Symbolic speech | forms of free speech guaranteed under the First Amendment to the Constitution, such as wearing a black armband to protest a governmental action or burning an American flag in protest for political reasons |
| Establishment clause | component of the First Amendment that defines the right of the citizens to practice their religions without governmental interference. It also places a restriction on government creating a "wall of separation" between church & state |
| Separation of church & state | also known as the establishment clause, it is part of the First Amendment prohibiting the federal government from creating a state-supported religion |
| Double jeopardy | legal concept wherein once a verdict is handed down, you cannot be tried again for the same crime |
| Indictment | a formal list of charges made by a grand jury and guaranteed in the Fifth Amendment |
| Miranda Rights | those rights directing police to inform the accused upon their arrest of their constitutional right to remain silent, that anything said could be used in court, that they have the right to consult with a lawyer at anytime, etc. |
| Cruel & unusual punishment | doctrine found in the Eighth Amendment to the Constitution that prohibits the federal government from imposing excessive penalties for crimes committed |
| Exclusionary rule | rule that resulted from Mapp v. Ohio decision determining that police may obtain only that evidence that can be had through a legitimate search warrant, other evidence is excluded in the trial |
| Incorporation of the Fourteenth Amendment | doctrine that made the Bill of Rights apply to the states as a result of Supreme Court decisions, started taking place in 1920s |
| Judicial Federalism | the extension of the Bill of Rights to the citizens of the states, creating a concept of dual citizenship, wherein a citizen was under the jurisdiction of the national government as well as state government |
| Living will | a legitimate document that can be used to direct a hospital to allow an individual to direct a medical facility not to use extraordinary means such as life support to keep a patient alive |
| Procedural due process | a series of steps that are established by the Fifth, Sixth, and Seventh Amendments that protect the rights of the accused at every step of the investigation |
| Substantive due process | legal process that places limits related to the content of legislation and the extent government can use its powers to enact unreasonable laws |
| Civil rights | the application of equal protection under the law to individuals |
| Plessy v. Ferguson (1896) | case that ruled that states had the right to impose "separate but equal" facilities on its citizens as well as create other laws that segregated the other races |
| Separate but equal | the judicial precedent established in the Plessy v. Ferguson decision that enabled states to interpret the equal protection provision of the Fourteenth Amendment as a means of establishing segregation |
| Jim Crow laws | legislation that legalized segregation even after the adoption of the Fourteenth Amendment |
| De facto segregation | segregation of schools and other public facilities through circumstances with no law supporting it |
| De jure segregation | segregation by law, made illegal by Brown v. Board of Education |
| Nationalization of the Bill of Rights | a judicial doctrine of the Fourteenth Amend that applied the Bill of Rights to the states in matters such as segregation |
| Affirmative action | programs for minorities supported by the government as a means of providing equality under the law |
| Seneca Falls Convention | in 1848, Elizabeth Cady Stanton led the fight for political suffrage and supported doctrine very similar in nature to the Declaration of Independence called the Declaration of Sentiments and Resolutions, it fought for women's rights |
| Brandeis Brief | a friend of the court opinion offered by Louis Brandeis, in the Supreme Court case Muller v. Oregon (1908), which spoke about inherent differences between men and women in the workplace |
| Immigration Act of 1991 | act that shifted the quota of immigrants to Europe and aimed to attract immigrants who were trained workers |
| Americans with Disabilities Act (1991) | act that required employers, schools, and public buildings to reasonably accommodate the physical needs of handicapped individuals by providing such things as ramps and elevators with appropriate facilities |
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