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AP Gov 2
| Term | Definition |
|---|---|
| original Application of the Bill of Rights | limit the power of the federal government |
| Principle underlying the Bill of Rights | protect civil liberties |
| Selective Incorporation | The supreme court gradually applies specific protections from the Bill of Rights to the state case by case basis |
| Due process Clause of the of the 14th Amendment | all persons born or naturalized in the U.S. are citizens no state can deprive any person of life liberty or property gov ensures fair trial |
| Procedural Due Process | constitutional requirements that when the government acts in such a manner that denies a person of natural rights |
| Substantive Due Process | Aim of a law violates basic rights court can declare it unconstitutional |
| Equal Protection Clause of the 14 Amendment | equal protection of the law |
| Due Process | fundamental fairness that ensures legitamate government in a democracy |
| Establishment Clause | Intended to prevent the fed gov ESTA a national religion |
| Free Exercise Clause | Gov has to stay out of religion but individual must be able to practice that religion |
| Freedom of Speech | offensive, obscene speech, protest, symbolic, right not to speak |
| Freedom of the Press | free press can expose the actions of an evil state |
| Prior Restraint | right to stop spoken or written expression in advance |
| Clear-and- Present Danger Test | the printed or spoken work may not be the subject of previous restraint or subsequent punishment |
| Symbolic Speech | an act, gesture, or conduct meant to convey a message |
| Restrictions on Free Speech/Information | only prevents government restrictions on speech |
| 2nd Amendment | right to bear arms |
| 4th amendment | Protects people from unreasonable searches and seizures by the government |
| 5th smendment | allows citizens to not have to testify in court if they feel that it might incriminate themselves |
| 6th amendment | right to a fast and public trial by an impartial jury |
| 8th Amendment | no cruel or unusual punishments |
| Right to Privacy | recognized rights not explicitly in the constitution |
| Judicial Interpretation of the Bill of Rights | |
| Federalism | a system of government in which the same territory is controlled by 2 levels of government |
| Procedural Protections | legal safeguards and rules that ensures fair treatment within the judicial process |
| Rights of the Accused | right to a speedy and public trial by an impartial jury of the State |
| Capital Punishment | a form of criminal punishment where the criminals life s taken away |
| Engel v. Vitale | struck down prayer in school |
| Gideon V. Wainwright | 6th amendment requires US states to provide attorneys to criminal defendants who are unable to afford their own |
| Griswold v. Connecticut | struck down law banning contraceptives |
| New York Times Co. v. United States | Gov power to censor the press was abolished so that the press would remain forever free to censure the government |
| Wisconsin v. Yoder | Amish parents fundamental right to free Exercise of religion outweighed the states interest in educating their children |
| United States v. Lopez | Congress had exceeded its constitutional authority under the commerce clause when it passed a law prohibiting gun possession in local school zones |
| DC v. Heller | 2nd amendment protects an individual right to possess a firearm unconnected with service in a militia and to use that arm for traditionally lawful purposes |
| McDonald v. City of Chicago | rejection of gun control laws, opened the courts to a host of challenges to state and local gun control laws |
| New York State Rifle & Pistol Association, inc. v. Bruen | NY law was unconstitutional and that the ability to bear arms in public was a constitutional right guaranteed by the second amendment |
| Dobbs v. Jackson Womens Health Organization | eliminates abortion |