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AP Gov Ch. 15-16
| Question | Answer |
|---|---|
| What are civil liberties? | liberties that individual citizens have that protect from the government and limit the government |
| What are civil rights? | government protections given to individuals |
| What rights are in the original Constitution? | Writ of habeas corpus, ex post facto, bills of attainder, no religious tests |
| What is a writ of habeas corpus? | Court order requiring explanation to a judge why a prisoner is being held in custody |
| What is an ex post facto law? | Retroactive criminal law that works to the disadvantage of an individual; forbidden in the Constitution |
| What are bills of attainder? | legislative acts inflicting punishment, including deprivation of property, without a trial, on named individuals or members of a specific group |
| The 14th amendment... | applies the bill of rights to the states |
| What is selective incorporation? | The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments |
| What is the meaning of the establishment clause? | Congress shall make no law respecting an establishment of religion. no governmental support to any or all religions |
| What is the first part of the Lemon test? | a law must have a secular legislative purpose |
| What is the second part of the Lemon test? | it must neither advance nor inhibit religion |
| What is the third part of the Lemon test? | it must avoid 'excessive government entanglement with religion' |
| What is the free exercise clause? | congress shall make no law prohibiting the free exercise of religion |
| What is the bad tendency test? | permit legislatures to forbid speech encouraging people to engage in illegal action |
| What is the clear and present danger test? | the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts |
| What is the preferred position doctrine? | the freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do |
| What is non-protected speech? | Libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances |
| What is libel? | written defamation of another person |
| What is slander? | spoken defamation of another person |
| What is sedition? | attempting to overthrow the government by force or to interrupt its activities by violence |
| What is prior restraint? | censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional |
| What is regulated with free speech and assembly? | time, place, and manner |
| What is civil disobedience? | deliberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition |
| What is naturalization? | a legal action conferring citizenship on an alien |
| What is dual citizenship? | citizenship in more than one nation |
| What is right of expatriation? | the right to renounce one's citizenship |
| What are property rights? | Included in the original Constitution, they are the rights of an individual to own, use, rent, invest in, buy and sell property |
| What is the contract clause? | Included in the original Constitution, it intends to prohibit state governments from modifying contracts made between individuals |
| What are police powers? | inherent powers of state governments to pass laws to protect the public health, safety, and welfare |
| What is eminent domain? | Power of a government to take private property for public use |
| What is regulatory taking? | government regulation of property so extensive that government is deemed to have taken the property by the power of eminent domain, for which it must compensate the property owners |
| What is due process? | established rules and regulations that restrain people in government who exercise power |
| What is procedural due process? | constitutional requirement that governments proceed by proper methods; places limits on how governmental power may be exercised |
| Which branches does procedural due process limit? | executive and judicial |
| What is substantive due process? | constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; places limits on what a government may do |
| What branches does substantive due process limit? | legislative |
Created by:
darshvador