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AP gov bill of right
| Term | Definition |
|---|---|
| first amendment | right to freedom of religion and expression |
| first amendment application | separation of church and state; you can criticize the government |
| second amendment | right to bear arms |
| second amendment application | you can own a firearm for defense of yourself and the state |
| third amendment | right to no quartering troops |
| third amendment application | you cannot be forced to house and feed soldiers |
| fourth amendment | right to reasonable search and seizure |
| fourth amendment application | the government must have probable cause and a warrant to search you or your property for evidence of a crime |
| fifth amendment | right to remain silent, double jeopardy |
| fifth amendment application | you cannot be forced to testify in court against yourself, you cannot be charged for the same crime twice |
| sixth amendment | right to trial by jury in criminal cases |
| sixth amendment application | you must be found guilty beyond a reasonable doubt by 12 of your peers, not just one judge |
| seventh amendment | right to trial by jury in civil cases |
| seventh amendment application | you must be found guilty beyond a reasonable doubt by 12 of your peers, not just one judge if you are being sued or suing someone |
| eighth amendment | right to no excessive bail and cruel and unusual punishment |
| eighth amendment application | punishments must fit the crime and cannot be inhumane |
| ninth amendment | unlisted rights |
| ninth amendment application | these are not all of your rights |
| tenth amendment | right to powers reserved to states |
| tenth amendment application | powers not listed in the Constitution belong to the states (marriage, education, criminal law, etc.) |
| bill of rights | the first 10 amendments to the U.S. Constitution that protect civil liberties by placing strict limits on government power |
| civil liberties | individual freedoms and constitutional protections that limit government power and prevent the government from interfering in people's lives |
| judicial review | the power of courts to check laws and government actions and declare them unconstitutional |
| free exercise clause | the part of the First Amendment that protects citizens' rights to practice their religion freely without government interference |
| establishment clause | the part of the First Amendment that bans the government from creating an official state church or favoring one religion over another |
| symbolic speech | nonverbal actions, conduct, or displays used to communicate an idea or political message - generally protected under the First Amendment |
| libel | the publication of written or printed false statements that damage a person's reputation |
| slander | a spoken, false statement that harms a person's reputation - unprotected form of speech |
| prior restraint | government censorship that blocks speech or publication before it can happen |
| capital punishment | the legally authorized killing of a person by the government as a punishment for a very serious crime |
| selective incorporation | the Supreme Court process that applies protections from the Bill of Rights to state and local governments, using the due process clause of the fourteenth amendments |
| due process | the constitutional guarantee that the government must follow fair and established legal rules before taking away a person's life, liberty, or property |
| 14th amendment due process clause | prohibits state governments from depriving any person of "life, liberty, or property without due process of law" |
| Miranda rights | the warnings the police must read to a suspect before a custodial interrogation, telling them they have the right to remain silent, and the right to a lawyer - rooted in 5th and 6th amendment, good example of procedural due process |
| self incrimination | the act of saying or doing something that proves or suggests your own guilt in a crime |
| Engel v Vitale | ruled that state sponsored, voluntary prayer in public schools violates the First Amendment's Establishment Clause |
| Wisconsin v Yoder | court ruled that Amish parents can pull their children out of public school after the 8th grade for religious reasons - reinforcing the Free Exercise clause |
| Tinker V Des Moines | established that public school students retain their First Amendment right to free speech, famouslNey ruling that they do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gates" - "Tinker Test" |
| New York Times v U.S. | also known as the Pentagon Papers case - ruled that the government cannot use prior restraint to block the press from publishing classified information unless it proves a direct and immediate threat to national security |
| Schneck v U.S. | established that the freedom of speech guaranteed by the First Amendment is not absolute and can be limited if it poses a clear danger to national security |
| McDonald v Chicago | case that applied the Second Amendment's right to keep and bear arms to state and local governments through the Fourteenth Amendments Due Process Clause |
| Gideon v Wainwright | established that state courts must provide an attorney to criminal defendants who cannot afford one - used the Fourteenth Amendment's Due process clause |
| right to assembly | people can peacefully gather in public spaces to express views, protest, or organize |
| examples of right to assembly | civil rights movement marches, labor union meetings and strikes, spontaneous public protests |
| right to petition | First Amendment guarantee that allows citizens to ask the government to change a policy, fix a wrong, or address a complaint without fear of punishment |
| examples of right to petition | lobby government officials (calling, emailing, or meeting representatives), filing a lawsuit against an agency |
Created by:
karissa.p