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AP U3
AP Gov U3 - SCOTUS/CR/CL
| Term | Definition |
|---|---|
| Bill of Rights | the first 10 Amendments to the Constitution, which enumerate the liberties and rights of individuals |
| Civil Liberties | constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference |
| Civil Rights | protect individuals from discrimination based on characteristics (race, national origin, religion, sex); ex: Civil Rights, Womens Rights, LGBT Movements |
| establishment clause | within the 1st Amendment, prohibits the government from establishing an official religion or unduly favoring one religion over another |
| free exercise clause | within the 1st Amendment, stops the government from making laws that block people from practicing their religion |
| clear and present danger | in Schenck v US; A doctrine stating that the government may restrict speech if it poses an immediate and serious threat to public safety |
| obscene speech | may not be protected by the 1st Am |
| symbolic speech | as seen in Tinker, nonverbal action that communicates an idea or belief |
| defamation | language that harms the reputation of another, not protected by the 1st Am |
| libel | written communication not protected by the 1st Am |
| slander | oral communication not protected by the 1st Am |
| prior restraint | blocking speech or publication before it happens; seen in NYT v US; establishing a “heavy presumption against prior restraint” even in cases involving national security |
| due process clause | a constitutional guarantee that the government must act fairly and within the law before it can take away a person's life, liberty, or property; applies to the fed in the 5th and the states in the 14th |
| selective incorporation | extending select protections of the Bill of Rights to the states through the due process clause of the 14th Am |
| exclusionary rule | as seen in Map v OH - evidence illegally seized by law enforcement officers in violation of the suspect’s 4th Am rights cannot be used against that suspect in criminal prosecution |
| public safety exception | speech can be limited when it is shown to present a danger to public safety |
| equal protection clause | in 14th Am -- give the national government the power to enforce protections for any person against the states, some SCOTUS decisions have influenced the extent of those protections |
| affirmative action | policies intended to address workplace and educational disparities related to race, ethnic origin, gender, disability, and age. SCOTUS has focused on whether its protected by EPC in 14th Am |
| judicial review | est in Marbury v Madison, different interpretations as to how to do this |
| precedent | the opinion of the SC, creates a law |
| stare decisis | "let the decision stand" - the legal doctrine under which courts lean on prior precedents when deciding cases with similar facts |
| petition for certiorari (writ of certiorari) | "to be made certain" -- a formal order from a higher court telling a lower court to send up the record of a case for them to review |
| majority opinion | winning opinion of a SCOTUS case |
| concurring opinion | separate opinion by a judge who agrees with the final outcome but for different reasons |
| dissenting opinion | losing opinion of a SCOTUS case |
| judicial activism | judicial review allows the courts to overturn current Constitutional and case precedent or invalidate legislative or executive acts |
| judicial restraint | judicial review should be constrained to decisions that adhere to current Constitutional and case precedent |
| standing | the legal right of a person or group to bring a lawsuit or challenge a government action in court |
| jurisdiction | the authority of a court to hear a case; level in court hierarchy, geography, type of case |
| original jursdiction | a case being heard for the first time, trial court (determine guilt/innocence) |
| appellate jurisdiction | a case being heard more than 1 time, to review the ruling from the first court |
| Emancipation Proclamation - Pres. Lincoln | a proclamation to free enslaved people from the states, then 13th Am abolished slavery, this demonstrated that minority rights have been restricted at times and protected at other times |
| Letter from a Birmingham Jail - Dr. King | suggests social movements should seek to influence policy by using "direct action"; King's response to a group of white Southern religious leaders who issued a public statement describing the nonviolent demonstrations as “unwise and untimely" |
| Federalist No. 78 | written by Hamilton, describes the Judicial Branch as being independent from other 2 branches (because of life term), and their job should be judicial review |
| Marbury v Madison | In deciding this case about judicial appointments, the court established the principle of judicial review, empowering the Supreme Court to declare an act of the legislative or executive branch unconstitutional |
| Schenck v US | Speech creating a “clear and present danger” was not protected by the 1st Am and could be limited |
| Tinker v DesMoines | A prohibition against public school students wearing black armbands in school to protest the Vietnam War violated the students’ freedom of speech protections in the 1st Am |
| Wisconsin v Yoder | Compelling Amish students to attend school past the 8th grade violates the Free Exercise Clause of the 1st Am |
| Engel v Vitale | School sponsorship of religious activities violates the Establishment Clause of the 1st Am |
| Gideon v Wainwright | In this case, the 6th Am's right to an attorney extends procedural due process protections to felony defendants in state courts. (selective incoporation) |
| McDonald v Chicago | The 2nd Am right to keep and bear arms for self-defense is applicable to the states (selective incorporation) |
| Brown vs Board of Education of Topeka, KS | Race-based school segregation violates the Equal Protection Clause of the 14th Am; this overturns Plessy v Ferguson (legalized segregation) |
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