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AP GOV unit 3 vocab
| Term | Definition |
|---|---|
| Exclusionary rule | Illegally obtained evidence may NOT be used in a trial The person MAY still be tried using other evidence |
| civil liberties | Fundamental individual rights and freedoms |
| civil rights | The rights that guarantee equal treatment and protection under the law for all people. Includes: Freedom from discrimination, equal access, voting |
| 5th Amendment | Protects the rights of people accused of crimes. Includes: right to remain silent, no double Jeopardy, due process, grand jury, eminent domain. |
| 6th Amendment | Protect the rights of people accused of crimes. Includes: a speedy and public trial, an impartial jury, the right to know the charges, the right to confront witnesses, the right to legal counsel. |
| 10th Amendment | The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. |
| Tinker v Des Moines (1969) | Students have free speech at school; to justify suppressing speech, the school must prove that it would substantially interfere with the operation of the school |
| Schenck v US (1919) | Speech can be limited if it creates a clear and present danger |
| Symbolic speech | Actions that purposefully convey a particular message or statement Signs, symbols, etc. |
| defamation | When someone makes a false statement that harms another person's reputation. Two types: Libel and Slander |
| time, place, and manner restrictions | There is a heavy presumption in favor of free speech on public property, but the government may impose reasonable restrictions on the time, place, or manner of protected speech |
| Wisconsin v Yoder (1972) | Compelling Amish students to attend public school beyond 8th grade violates the free exercise clause |
| Engel v Vitale (1962) | States cannot hold prayers in public schools, even if participation is voluntary and the prayer isn’t tied to a specific religion |
| Due process | The basis for incorporation “nor shall any state deprive any person of life, liberty, or property without due process of law” Laws must be applied fairly and in a non-arbitrary way |
| McDonald v. Chicago (2010) | Incorporated the 2nd Amendment’s right to bear arms through the 14th Amendment’s due process clause |
| Prior restraint | Rules of what can/cannot be published Government censorship that prevents speech or publication before it actually occurs |
| Selective incorporation | Application of the Bill of Rights to the states on a case-by-case basis |
| Gideon v Wainwright (1963) | Incorporated the right to counsel States must provide an attorney for defendants who can’t afford one |
| free exercise clause | Citizens have a right to practice their preferred religion |
| New York Times Co. v. United States (1971) | Even in cases involving national security there is a heavy presumption against prior restraint |
| right to speedy & public trial | Guaranteed by the 6th Amendment |
| right to privacy | Not explicitly mentioned in the Constitution, but discovered through substantive due process. Implied through: 1st, 4th, 5th, and 9th Amendment. |
| rule of law | Means everyone must follow the law, including government officials and leaders. |
Created by:
catherinehudicourt