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AP Gov Chapter 5

Chapter 5 Vocab Terms

Civil Liberties The personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation.
Civil Rights The government protected rights against arbitrary or discriminatory treatment.
Ninth Amendment Basically states that there are more rights than just the ones listed in the Bill of Rights.
Tenth Amendment Powers not delegated in the constitution to federal government go to states.
Due Process Clause Clause contained in the 5th and 14th Amendment, makes Bill of Rights provisions apply to states.
Substantive Due Process Clause Judicial interpretation of the Fifth and Fourteenth Amendments that protects citizens from unjust laws
Incorporation Doctrine An interpretation of the Constitution that holds that the due process clause of the Fourteenth Amendment requires that state and local governments also guarantee those rights.
Selective Incorporation Judicial doctrine where most, but not all, Bill of Rights provisions are made applicable to the states via 14th Amendment.
Fundamental Freedoms Those rights defined by the Court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review, strict scrutiny
First Amendment Protects freedom of speech, religion, assembly, and petition.
Establishment Clause The first clause in the First Amendment; it prohibits the national government from establishing a national religion.
Free Exercise Clause Protects government from interfering with right to practice religion, although some regulations can exist.
Prior Restraint Constitutional doctrine that prevents the government from prohibiting speech before the fact.
Writ of Habeas Corpus A prisoner must be proven to a judge to be held lawfully, and prisoners have a right to know the charges against them.
Clear and Present Danger Test From Schenck v. U.S (1919), draws line between unprotected and protected speech. Courts see if words could “create a clear and present danger that will bring about substantive evils” that Congress seeks “to prevent”
Direct Incitement Test From Brandenburg v. Ohio (1969). Advocacy of illegal action is protected by 1st Amendment unless imminent lawless action is intended and likely to occur.
Symbolic Speech Symbols, signs, and other methods of expression generally also considered to be protected by the first Amendment.
Libel False written statements or written statements offending someone’s reputation.
Slander Untrue spoken statements that defame the character of a person.
New York Times Co. v. Sullivan (1964) “Actual malice” must be proven to support libel against a public figure.
Fighting words “inflict injury or tend to incite an immediate breach of peace.” Not subject to restrictions of First Amendment.
Due Process Rights Procedural guarantees provided by the Fourth, Fifth, Sixth, and Eighth Amendments for those accused of crimes.
Fourth Amendment Protection from unreasonable searches and seizures unless a warrant is issued.
Fifth Amendment Protects people accused of crimes. Provides for grand jury, protects from self-incrimination, and from taking life, liberty, or property without due process of law.
Miranda v. Arizona (1996) Criminals must be advised of their right to remain silent and to have counsel present.
Miranda Rights Statements that must be made by the police informing a suspect of his or her right to an attorney provided by the court if the suspect cannot afford one.
Double Jeopardy Clause 5th Amendment, says suspects cannot be tried twice for the same crime.
Exclusionary Rule Judicially created rule that prohibits police from using illegally seized evidence at trial.
Sixth Amendment States due process of law for criminal trials. Speedy and public trials, impartial trials, in the state where crime was committed, notice of the charges, right to confront witnesses, and the right to counsel.
Eighth Amendment No cruel or unusual punishments or bills.
Right to Privacy The right to be let alone, a judicially created doctrine encompassing an individual’s decision to use birth control or secure an abortion.
Roe v. Wade (1973) Women have right to abortions.
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